2. Each Party shall provide that, where its importer fails to comply with any of the requirements set out in paragraph 1, preferential tariff treatment shall be denied to the good imported from the territory of the other Party for which the preference was claimed.

Article 6-04. Export Obligations

1. Each Party shall provide that its exporter or producer that has completed and signed a certificate or declaration of origin shall provide a copy of the certificate or declaration of origin to its competent authority upon request.
2. Each Party shall provide that its exporter or producer who has completed and signed a certificate or declaration of origin and has reason to believe that such certificate or declaration contains incorrect information shall promptly notify in writing any change that may affect the accuracy or validity of the certificate or declaration of origin to all persons to whom he has delivered the certificate or declaration and, in accordance with its legislation, to its competent authority, in which case he shall not be penalized for having submitted an incorrect certification or declaration.
3. Each Party shall provide that a false certification or declaration of origin made by its exporter or producer to the effect that a good to be exported to the territory of the other Party qualifies as originating shall have the same legal consequences, with such modifications as the circumstances may require, as those that would apply to its importer who makes false declarations or statements in contravention of its customs laws and regulations.
4. The competent authority of the exporting Party shall bring to the attention of the competent authority of the importing Party the notification of the exporter or producer referred to in paragraph 2.

Article 6-05. Exceptions

Provided that it is not part of two or more imports that are made or planned for the purpose of evading compliance with the certification requirements of Articles 6-02 and 6-03, the certificate of origin shall not be required for the importation of goods in the following cases:
a) the importation for commercial purposes of goods whose customs value does not exceed one thousand United States dollars or its equivalent in national currency, but the invoice may be required to contain a declaration by the importer or exporter that the good qualifies as originating;
b) the importation for non-commercial purposes of goods whose customs value does not exceed one thousand United States dollars or its equivalent in national currency; and
c) the importation of a good for which the importing Party has waived the requirement for the presentation of the certificate of origin. 

Article 6-06. Accounting Records

1. Each Party shall provide that:
a) its exporter or producer that completes and signs a certificate or declaration of origin shall retain for a minimum of 5 years after the date of signature of that certificate or declaration, all records and documents relating to the origin of the good, including those relating to:
i) the acquisition, costs, value and payment of the good that is exported from its territory;
ii) the acquisition, costs, value and payment of all materials, used in the production of the good that is exported from its territory; and
iii) the production of the good in the form in which it is exported from its territory;
b) for purposes of the verification procedure set out in Article 6-07, the exporter or producer provides to the competent authority of the importing Party, the records and documents referred to in subparagraph (a). When the records and documents are not in the possession of the exporter or producer, the exporter or producer may request the records and documents from the producer or supplier of the materials to be provided through him to the competent authority conducting the verification;
c) an importer claiming preferential tariff treatment for a good imported into its territory from the territory of the other Party shall keep for at least 5 years from the date of importation, the certificate of origin and all other documentation relating to the importation required by the importing Party.

Article 6-07. Procedures to Verify Origin

1. To determine whether a good being imported into its territory from the territory of the other Party qualifies as originating, each Party may, through its competent authority, verify the origin of the good by means of:
a) written questionnaires addressed to exporters or producers in the territory of the other Party; or
b) verification visits to an exporter or producer in the territory of the other Party, for the purpose of examining the records and documents evidencing compliance with the rules of origin in accordance with Article 6-06, and inspecting the facilities used in the production of the good and, where appropriate, those used in the production of materials.
2. The provisions of paragraph 1 shall be without prejudice to the powers of review of the importing Party over its own importers, exporters or producers.
3. An exporter or producer receiving a questionnaire pursuant to paragraph 1(a) shall respond and return the questionnaire within a period of no more than 30 days from the date of its receipt. During this period the exporter or producer may request in writing to the importing Party an extension, which in its case shall not exceed 30 days. Such request shall not result in the denial of preferential tariff treatment.
4. In the event that the exporter or producer fails to respond or return the questionnaire within the appropriate time period, the importing Party may deny preferential tariff treatment upon resolution under the terms of paragraph 10.
5. Before conducting a verification visit pursuant to paragraph 1(b), the importing Party shall be required, through its competent authority, to notify in writing its intention to conduct the visit. The notification shall be sent to the exporter or producer to be visited, to the competent authority of the Party in whose territory the visit is to take place and, if so requested by the latter, to the Embassy of that Party in the territory of the importing Party. The competent authority of the importing Party shall request the written consent of the exporter or producer to be visited.
6.The notification referred to in paragraph 5 shall contain:
a) the identification of the competent authority making the notification;
b) the name of the exporter or producer to be visited;
c) the date and place of the proposed verification visit;
d) the purpose and scope of the proposed verification visit, making specific mention of the good or goods to be verified covered by the certificate or certificates of origin;
e) the names, personal data and positions of the officials who will carry out the verification visit; and
f) the legal basis for the verification visit.
7. Any modification to the information referred to in paragraph 6(e) shall be notified in writing to the exporter or producer and to the competent authority of the exporting Party prior to the verification visit. Any modification of the information referred to in paragraph 6(a), (b), (c), (d) and (f) shall be notified under the terms of paragraph 5.

8. If within 30 days of receipt of the notification of the proposed verification visit under paragraph 5, the exporter or producer does not consent in writing to the verification visit, the importing Party may deny preferential tariff treatment to the good or goods that would have been the subject of the verification visit.
9. Each Party shall allow the exporter or the producer whose good or goods are the subject of a verification visit to designate two witnesses to be present during the visit, provided that the witnesses shall speak only in that capacity. Failure by the exporter or producer to designate witnesses shall not result in postponement of the visit.
10. Within 120 days following the conclusion of the verification, the competent authority shall provide a written resolution to the exporter or producer whose good or goods have been the subject of the verification, determining whether or not the good qualifies as originating, which shall include the findings of fact and the legal basis for the determination. 11. Where a Party's verification establishes that the exporter or producer has falsely or unjustifiably certified or declared more than once that a good qualifies as originating, the importing Party may suspend preferential tariff treatment for identical goods exported or produced by that person until that person proves that it complies with the provisions of Chapter V (Rules of Origin).
12. Each Party shall provide that, where its competent authority determines that a good imported into its territory does not qualify as originating according to the tariff classification or value applied by that Party to one or more materials used in the production of the good, and this differs from the tariff classification or value applied to the materials by the Party from whose territory the good was exported, the determination of that Party shall not take effect until it notifies in writing both the importer of the good and the person who has completed and signed the certificate of origin covering the good.
13. The importing Party shall not apply a ruling under paragraph 12 to an importation made before the date on which the ruling takes effect, provided that the competent authority of the exporting Party has issued an advance ruling under Article 5-02 (Implementing Instruments) on the tariff classification or value of materials on which a person may rely under its laws and regulations.
14. Where a Party denies preferential tariff treatment to a good pursuant to a ruling under paragraph 12, that Party shall postpone the effective date of the denial for a period not to exceed 90 days, provided that the importer of the good or the exporter or producer who has completed and signed the certificate or declaration of origin covering the good certifies that it has relied in good faith, to its detriment, on the tariff classification or value applied to the materials by the competent authority of the exporting Party.
15. Each Party shall maintain the confidentiality of the information gathered in the process of verification of origin in accordance with the provisions of its legislation.

Article 6-08. Review and Challenge

1. Each Party shall grant the same rights of review and challenge of rulings of determination of origin and advance rulings provided for its importers to exporters or producers of the other Party that:
a) complete and sign a certificate or declaration of origin covering a good that has been the subject of a ruling of determination of origin under paragraph 10 of Article 6-07; or
b) have received an advance ruling under Article 6-10.
2. The rights referred to in paragraph 1 include access to at least one instance of administrative review, independent of the official or agency responsible for the determination or ruling subject to review, and access to one instance of judicial or quasi-judicial review of the determination or decision made in the final instance of administrative review, in accordance with the law of each Party.

Article 6-09. Sanctions

Each Party shall establish or maintain criminal, civil, or administrative penalties for violations of its laws and regulations relating to the provisions of this Chapter.

Article 6-10 . Advance Rulings

1. Each Party shall provide, through its competent authority, for the expeditious issuance of written advance rulings prior to the importation of a good into its territory. Advance rulings shall be issued to the importer or to the exporter or producer in the territory of the other Party, based on the facts and circumstances stated by them, as to whether or not the goods qualify as originating.
2. Advance rulings shall address:
a) whether the non-originating materials used in the production of a good comply with the corresponding change in tariff classification set out in the Annex to Article 5-03 (Specific Rules of Origin);
b) whether the good complies with the regional value content requirement set out in Chapter V (Rules of Origin);
c) whether the method applied by the exporter or producer in the territory of the other Party, in accordance with the principles of the Customs Valuation Code, for the calculation of the transaction value of the good or materials used in the production of a good for which an advance ruling is requested is adequate to determine whether the good meets the regional value content requirement under Chapter V (Rules of Origin);
d) whether the method applied by the exporter or producer in the territory of the other Party for the reasonable allocation of costs pursuant to the Annex to Article 5-01 (Calculation of Net Cost) is adequate to determine whether the good meets the regional value content requirement under Chapter V (Rules of Origin);
e) whether the country of origin marking made or proposed for a good satisfies the requirements of Article 3-11 (Country of Origin Marking); and
f) such other matters as the Parties may agree.
3. Each Party shall adopt or maintain procedures for the issuance of advance rulings upon publication of advance rulings that include:
a) such information as is reasonably required to process the application;
b) the authority of its competent authority to request additional information from the person requesting the advance ruling at any time during the process of evaluating the application;
c) a period of 120 days, for the competent authority to issue the advance ruling, once it has obtained all necessary information from the person requesting it; and
d) the obligation to explain in a complete, reasoned and substantiated manner to the applicant, the reasons for the advance ruling when the advance ruling is unfavorable to the applicant.
4. Each Party shall apply advance rulings to imports into its territory from the date of issuance of the ruling, or such later date as may be specified therein, unless the advance ruling is modified or revoked in accordance with paragraph 6.
5. Each Party shall accord to any person requesting an advance ruling the same treatment, interpretation and application of the provisions of Chapter V (Rules of Origin) relating to the determination of origin as it has accorded to any other person to whom it has issued an advance ruling, where the facts and circumstances are identical in all material respects.
6. The advance ruling may be modified or revoked by the competent authority in the following cases:
a) when it has been based on an error:
i) factual;
ii) in the tariff classification of the good or materials;
iii) relating to the good's compliance with the regional value content requirement;
b) where it is inconsistent with an interpretation agreed between the Parties or a modification with respect to Article 3-11 (Country of Origin Marking) or Chapter V (Rules of Origin);
c) where the circumstances or facts on which it is based change; or
d) in order to comply with an administrative or judicial decision.
7. Each Party shall provide that any modification or revocation of an advance ruling shall take effect on the date on which it is issued or on a later date specified therein, and may not be applied to imports of a good made before those dates, unless the person to whom it was issued has not acted in accordance with its terms and conditions.
8. Notwithstanding paragraph 7, the Party issuing the advance ruling shall postpone the effective date of the modification or revocation for a period not exceeding 90 days, where the person to whom the advance ruling was issued has relied on that ruling in good faith and to its detriment. 
9. Each Party shall provide that, when examining the regional value content of a good for which an advance ruling has been issued, its competent authority shall assess whether:
a) the exporter or producer complies with the terms and conditions of the advance ruling;
b) the operations of the exporter or producer are consistent with the circumstances and substantial facts underlying the advance ruling; and
c) the data and supporting calculations used in applying the method for calculating the value or allocating the cost are correct in all material respects.
10. Each Party shall provide that, where its competent authority determines that any of the requirements set out in paragraph 9 have not been met, the competent authority may modify or revoke the advance ruling, as the circumstances warrant.
11. Each Party shall provide that, where its competent authority decides that the advance ruling was based on incorrect information, the person to whom the advance ruling was issued shall not be penalized if that person demonstrates that he or she acted with reasonable care and in good faith in stating the facts and circumstances on which the advance ruling was based.
12. Each Party shall provide that, where an advance ruling is issued to a person who has misrepresented or omitted material facts or circumstances on which the advance ruling is based, or has not acted in accordance with the terms and conditions of the advance ruling, the competent authority issuing the advance ruling may apply such measures as the circumstances warrant.
13. The validity of an advance ruling shall be subject to the continuing obligation of the holder of the advance ruling to inform the competent authority of any substantial change in the facts or circumstances on which the competent authority relied in making the advance ruling.

Article 6-11. Customs Procedures Working Group

1. The Parties establish the Working Group on Customs Procedures, composed of representatives of each Party, which shall meet at least twice a year, as well as at the request of either Party.
2. It shall be the responsibility of the Working Group:
a) to seek to reach agreement on:
i) the interpretation, application and administration of this Chapter;
ii) tariff classification and valuation matters related to rulings on determinations of origin;
iii) procedures for the application, approval, issuance, modification, revocation and application of advance rulings;
iv) modifications to the certificate or declaration of origin referred to in Article 6-02; and
v) any other matter referred by a Party; and
b) to examine proposals for administrative or operational modifications in customs matters that may affect the flow of trade between the Parties.

Chapter VII. Global Safeguard Measures

Article 7-01 . Definitions

For the purposes of this Chapter, the following definitions shall mean:
threat of serious injury: the provisions of Article 4.1(b) of the Agreement on Safeguards, which is part of the WTO Agreement;
competent authority: those indicated for each Party in the Annex to this Article;
identical good: that which coincides in all its characteristics with the good being compared; like good: that which, although it does not coincide in all its characteristics with the good being compared, has some identical characteristics, particularly in its nature, use, function and quality;
serious injury: a general and significant impairment of a domestic industry;
domestic industry: the producer or producers of identical, similar or directly competitive goods operating within the territory of a Party and constituting a major proportion of the total domestic production of such goods.
Such major proportion may not be less than 40%.

Article 7-02. General Provisions

The Parties may apply to imports of goods made under this Agreement, a safeguard regime, the application of which shall be based on clear, strict and time-bound criteria. For this purpose, the Parties may only adopt safeguard measures of a global nature, in accordance with Article XIX of the GATT and the Agreement on Safeguards, which is part of the WTO Agreement.

Article 7-03. Global Measures

1. The Parties retain their rights and obligations to apply safeguard measures in accordance with Article XIX of the GATT and the Agreement on Safeguards, which is part of the WTO Agreement.
2. When a Party decides to adopt a safeguard measure in accordance with Article XIX of the GATT and the Agreement on Safeguards, which is part of the WTO Agreement, it may only apply it to the other Party when it determines that imports of goods originating in that Party, considered individually, represent a substantial part of total imports and contribute significantly to the serious injury or threat of serious injury to the importing Party.
3. Such determination shall take into account, inter alia, the following criteria:
a) imports of goods originating in the other Party shall be considered to be substantial if they are included within the imports of the principal countries supplying the good subject to the proceeding, whose exports account for 80 per cent of the total imports of that good into the importing Party;
b) imports of goods originating in a Party shall not normally be considered to contribute substantially to serious injury or threat of serious injury if their rate of growth during the period in which the injurious increase in such imports occurred is substantially less than the rate of growth of total imports from all sources during the same period;
c) changes in the Party's share of total imports and the volume of such imports shall also be taken into account in determining substantial participation in serious injury or threat of serious injury.
4. In no case may the importing Party apply the measures provided for in paragraph 2 without prior written notice to the other Party and without consultations. For this purpose, all the notification and procedural requirements provided for in this Chapter shall be complied with.
5. The Party intending to apply a comprehensive safeguard measure shall grant the Party affected by that measure mutually agreed compensation in the form of concessions having trade effects equivalent to the impact of the safeguard measure.
6. The compensation referred to in paragraph 5 shall be determined at the stage of prior consultations referred to in paragraph 4.
7. If the Parties are unable to agree on the compensation, the Party proposing to take the measure shall have the authority to do so and the affected Party may impose measures having equivalent trade effects to those of the measure taken.

Article 7-04. Procedure

1. Each Party shall establish clear and strict procedures for the adoption and application of safeguard measures in accordance with the provisions of this Chapter.
2. In order to determine whether a safeguard measure should be applied, the competent authority of the importing Party shall conduct the relevant investigation.
3. The Party that decides to initiate a procedure to adopt safeguard measures shall publish the initiation thereof through the appropriate official channels and shall notify the exporting Party in writing on the day following publication.
4. For the purposes of determining serious injury or threat thereof, the competent authorities shall evaluate all factors of an objective and quantifiable nature having a bearing on the affected domestic industry, in particular the rate and amount of the increase in imports of the good in question, in absolute and relative terms, the share of the domestic market absorbed by the increase in imports, changes in the level of sales, domestic prices, production, productivity, utilization of installed capacity, market share, profits, losses and employment.
5. In order to determine the appropriateness of safeguard measures, a direct causal link shall also be demonstrated between the increase in imports of the product in question and the serious injury or threat of serious injury to the domestic industry.
6. If factors other than increased imports from another Party are injuring or threatening to injure a domestic industry at the same time, the injury or threat of injury caused by such other factors shall not be attributed to the said imports.
7. If as a result of this investigation the competent authority determines, on the basis of objective evidence, that the conditions provided for in this Chapter are met, the importing Party may enter into consultations with the other Party.
8. The consultation procedure shall not oblige the Parties to disclose information that has been provided on a confidential basis, the disclosure of which might impede compliance with the laws of the Party governing the matter or might prejudice commercial interests. Notwithstanding the foregoing, the importing Party intending to apply the safeguard measure shall provide the other Party with a non-confidential summary of the information provided on a confidential basis.
9. The period of prior consultations shall begin on the day following receipt by the exporting Party of the notification of the request for the initiation of consultations. This period shall be 60 days, unless the Parties agree on a shorter period.
10. The notification referred to in paragraph 9 shall be made through the competent authority and shall contain sufficient background information to support the application of the measures, including:
a) the names and available addresses of the domestic producers of identical, like or directly competitive goods representative of the domestic production, their share in the domestic production of that good and the reasons that lead them to claim that they are representative of that sector;
b) a clear and complete description of the good subject to the proceeding, the tariff subheading under which it is classified and the tariff treatment in force, as well as the description of the identical, like or directly competitive good; c) the import data for each of the 3 most recent years that constitute the basis that such good is imported in increasing quantities, either in absolute terms or relative to the national production;
d) the data on the total national production of the identical, similar or direct competitor good for the last 3 years;
e) data demonstrating serious injury caused or threat of serious injury that may be caused by imports to the sector in question in accordance with the data referred to in subparagraphs c) and d);
f) an enumeration and description of the alleged causes of the serious injury or threat of serious injury, based on the information required under subparagraphs a) to d) and a summary of the basis for alleging that the increase in imports of that good in relative or absolute terms of the national production is the cause thereof;
g) the criteria and objective information demonstrating that the conditions set out in this Chapter for the application of a global measure to the other Party are met, where appropriate; and
h) information on the tariff measures to be adopted and their duration. 11. The measures provided for in this Chapter may be adopted only after the prior consultation period has been concluded.
12. During the period of prior consultations, the exporting Party shall make any comments it deems appropriate, in particular on the appropriateness of the proposed measures.
13. If the importing Party determines that the reasons that gave rise to the application of the safeguard measures still exist, it shall notify the competent authorities of the other Party of its intention to extend them, at least 60 days prior to the expiration of the validity of such measures, and shall provide the information supporting this decision, including evidence that the reasons that led to the adoption of the safeguard measure still exist. The notification, the prior consultations on the extension and the respective compensation shall be carried out under the terms provided in this Chapter. Annex to Article 7-01 Competent Authorities The competent authorities are:

a) for the case of Bolivia, the National Secretariat of Industry and Commerce or its successor; and
b) for the case of Mexico, the Secretariat of Economy, or its successor.

Chapter VIII. Unfair International Trade Practices

Article 8-01. Definitions

For the purposes of this Chapter, the following definitions shall mean:
investigation: an investigation procedure on unfair international trade practices;
interested party: the complaining producers, importers, exporters of the goods subject to investigation, as well as any national or foreign person having a direct interest in the investigation in question, and includes the government of the Party whose goods are subject to an investigation on subsidies;
final determination: the resolution of the competent authority that determines whether or not to impose definitive countervailing duties;
initial resolution: the resolution of the competent authority that formally declares the initiation of an investigation;
preliminary resolution: the resolution of the competent authority that determines the continuation of an investigation and, if applicable, whether or not to impose provisional countervailing duties;
direct export subsidies: those typified as prohibited subsidies by the Agreement on Subsidies and Countervailing Measures, which is part of the WTO Agreement.

Article 8-02. General Principle

The Parties reject all unfair international trade practices and recognize the need to eliminate export subsidies and other trade-distorting domestic policies.

Article 8-03. Direct Export Subsidies

1. No Party shall grant new direct subsidies on the export of goods to the territory of the other Party.
2. Upon entry into force of this Agreement, each Party shall eliminate all direct subsidies on the export of goods to the territory of the other Party.

Article 8-04. Principles for the Application of National Legislation

1. The Parties shall apply their legislation on unfair international trade practices in a manner consistent with the provisions of this Chapter and with the provisions and procedures established in the Agreement on Implementation of Article VI of the GATT, and in the Agreement on Subsidies and Countervailing Measures, which are part of the WTO Agreement.
2. The Parties shall conduct investigations through the competent national public agencies, agencies or entities, and shall not apply in their bilateral relations any international instrument on this matter negotiated with third countries that involves asymmetrical, non-reciprocal treatment and that departs from the provisions of this Chapter.

Article 8-05. Publication of Resolutions

The Parties shall publish in their official organs of diffusion the resolutions of initiation, preliminary and final, those that declare the investigation concluded for reasons of commitments of the foreign exporter or, as the case may be, of the government of the exporting Party, or for the holding of conciliatory hearings, as well as the resolutions by which the complaints are rejected or the withdrawals of the complainants are accepted.

Article 8-06. Notifications and Time Limits

1. The Parties shall ensure that during the investigation and, prior to the application of provisional and definitive countervailing duties, the respective authorities shall notify in writing directly, in a timely manner and within reasonable time limits, the interested parties known to be concerned and the competent authority of the other Party of the determinations on the matter, so that those affected by the application of such duties may present arguments and evidence in their defense.
2. Notifications to the denounced exporters shall be made on the working day following the date of publication of the initial resolution and shall contain the following information:
a) the deadlines for the submission of reports, declarations and other documents;
b) the place where the complaint and other documents submitted during the investigation may be inspected; and
c) the name, address and telephone number of the office where additional information may be obtained.
3. The notification referred to in paragraph 1 shall be accompanied by a copy of the respective publication of the official publication of the Party conducting the investigation, as well as a copy of the written complaint and the public version of its annexes.
4. The competent authorities of each Party shall grant the interested parties a minimum period of 30 working days to respond, counted from the publication of the initial resolution, in order for them to appear and state what they deem appropriate. The same period shall be granted for the same purposes to the interested parties, counted from the publication of the preliminary determination.
5. The initiating, preliminary or final resolutions shall contain, when applicable, at least the following:
a) the name of the complainant;
b) the indication of the imported good subject to the investigation and its tariff classification; c) the elements and evidence used for the determination of the existence of dumping or subsidy, injury or threat of injury and their causal relationship;
d) the considerations of fact and law that led the competent authority to initiate an investigation or to impose a countervailing duty; and
e) any legal argumentation, data, fact or circumstance contained in the administrative record on which the resolution in question is based and motivated.

Article 8-07. Rights and Obligations of the Interested Parties

The Parties shall ensure that the interested parties have the same rights and obligations in an investigation.

Article 8-08. Conciliation Hearing

At the formal initiation of any investigation, the interested parties may request the competent authorities to hold a conciliation hearing. In this hearing, formulas for solution and conclusion of the investigation may be proposed, which, if appropriate, shall be sanctioned by the competent authority itself and incorporated in the respective resolution, which shall have the character of a final resolution. This resolution shall be notified to the interested parties and published in the official organ of diffusion of the investigating Party.

Article 8-09. Preliminary Determination

Within a period of 130 working days, but in no case earlier than 45 working days, counted from the date of publication of the initial determination, the competent authority shall issue a preliminary determination in which it determines:
a) that the investigation is terminated, in which case, it shall have the character of a final determination;
b) that it is appropriate to continue with the investigation and the amount of the provisional countervailing duties; or
c) that it is appropriate to continue with the investigation without the imposition of provisional countervailing duties.

2. When the preliminary determination determines the imposition of a provisional countervailing duty, it shall include, in addition to the provisions of paragraph 5 of Article 8-06, the margin of dumping or subsidy and its components, a description of the injury or threat of injury and the methodology followed to determine them.

Article 8-10 . Clarifications

Once a provisional or definitive anti-dumping duty has been imposed, the interested parties may request the competent authority to determine whether a certain good is subject to the anti-dumping duty imposed or to clarify any aspect of the corresponding determination.

Article 8-11. Review of Duties

1. In the event of a change of circumstances, the final anti-dumping duties may be reviewed by the competent authority, annually at the request of a party, and at any time if they are ex officio. Likewise, any producer, importer or exporter who, without having participated in the investigation, proves his direct interest, may request the review of an anti-dumping duty.
2. The review may have as an effect the ratification, modification or elimination of the corresponding duties. For this purpose, the corresponding substantive and procedural provisions of this Chapter shall be observed.

Article 8-12. Automatic Elimination of Definitive Countervailing Duties

Final anti-dumping duties shall be automatically eliminated when, after 5 years from their effective date or from the date of their last review, they have not been reviewed pursuant to Article 8-11 (Review of Duties).

Article 8-13. Sending Copies

Each interested Party shall send copies of each of the reports, documents and evidence submitted to the investigating authority in the course of the investigation, excluding confidential information, to the other interested parties in a timely manner.

Article 8-14. Informatioin Gathering

1. The investigating authority of the importing Party, upon request of the interested parties, shall conduct information meetings, in order to provide all relevant information on the content of the preliminary and final determinations.
2. With respect to preliminary determinations, the request referred to in paragraph 1 may be submitted at any time during the investigation. In the case of final determinations, the request for information gathering shall be submitted within 5 days of their publication in the official publication organ of the importing Party. In both cases, the competent authority shall conduct the information meeting within 15 days from the filing of the request.
3. At the information meetings referred to in paragraphs 1 and 2, the interested parties shall have the right to review the technical reports, methodology, calculation sheets and any other element on which the corresponding determination has been based, with the exception of confidential information.

Article 8-15. Public Hearings

1. The competent authority shall hold, ex officio or at the request of a Party, a public hearing in which the interested parties may appear and question their counterparts regarding the information or evidence that the investigating authority deems appropriate.
2. The competent authority shall give 15 working days' notice of the public hearing.
3. The competent authority shall give the interested parties the opportunity to present arguments after the public hearing, even if the period for the presentation of evidence has ended. The pleadings shall consist of the presentation in writing of conclusions regarding the information and arguments provided in the investigation.

Article 8-16. Access to Confidential Information

The competent authorities of each Party shall, in accordance with its legislation, allow access to confidential information, where reciprocal conditions exist in the other Party with respect to access to such information.

Article 8-17. Access to Non-confidential Information

The competent authority of each Party shall provide interested parties with timely access to non-confidential information contained in the administrative records of any other investigation, within a period not to exceed 60 days from the publication of the final determination of such investigations, in accordance with the provisions of its legal system. If other administrative or judicial remedies have been filed against the final determination, the Parties shall provide such access to non-confidential information in accordance with their legal system.

Article 8-18. Exchange of Information Through the Commission

In order to expedite the investigations of unfair international trade practices, there shall be an exchange of information through the Commission.

Article 8-19. Refund of Amounts Paid In Excess

If a final determination determines an antidumping duty lower than the provisional antidumping duty, the competent authority of the importing Party shall refund the amounts paid in excess.

Article 8-20. Dispute Settlement

Where the final decision of an arbitral tribunal, issued in accordance with the First Additional Protocol to this Agreement, declares that the application of an antidumping duty by a Party is inconsistent with any provision of this Chapter, the importing Party shall cease to apply or shall adjust the antidumping duty in question to the respective goods of the complaining Party.

Part THREE. TECHNICAL BARRIERS TO TRADE

Chapter IX. Standardization Measures

Article 9-01. Definitions

1. For the purposes of this chapter, the terms presented in the sixth edition of ISO/IEC Guide 2: 1991, "General Terms and their Definitions in Relation to Standardization and Related Activities", shall have the same meaning when used in this chapter, unless they are defined differently here.
2. For the purposes of this chapter, the following shall be understood as:
hazardous waste: any material generated in the processes of extraction, benefit, transformation, production, consumption, use, control or treatment, whose quality does not allow it to be used again in the process that generated it and which, due to its corrosive, toxic, poisonous, reactive, explosive, inflammable, infectious biological or irritant characteristics, represents a danger to health or the environment;
risk assessment: the evaluation of the potential harm to human, animal or plant health or safety, or the environment that could be caused by any good traded between the Parties; making compatible: bringing towards the same level different standardization measures, but with the same scope, adopted by different standardizing bodies, so that they are identical, equivalent or have the effect of allowing goods to be used interchangeably or for the same purpose, so as to allow the goods to be traded between the Parties; standardization measures: standards, technical regulations or conformity assessment procedures;
standard: a document approved by a recognized institution that provides, for common and repeated use, rules, guidelines or characteristics for related goods or processes and production methods, or for related methods of operation, and compliance with which is not mandatory. It may also include or deal exclusively with terminology, symbols, packaging, marking or labeling requirements applicable to a related good, process or method of production or operation;
international standard: a standardization measure, or other guide or recommendation, adopted by an international standardization body and made available to the public; legitimate objectives: inter alia, the assurance of safety or the protection of human, animal, plant or environmental life or health, or the prevention of practices that may mislead consumers, including matters relating to the identification of goods, considering inter alia, where appropriate, fundamental climatic, geographical, technological, infrastructural or scientific justification factors;

standardizing body: a body whose standardization activities are recognized;
international standardizing body: a standardizing body open to participation by the relevant bodies of at least all Parties to the Agreement on Technical Barriers to Trade, which is part of the WTO Agreement, including the International Organization for Standardization (ISO), the International Electrotechnical Commission (IEC), the Codex Alimentarius Commission, the World Health Organization (WHO) and its dependent bodies, or such other body as the Parties may designate;
approval procedure: the registration, notification or any other mandatory administrative process for obtaining a permit, in order for a good to be placed on the market or used for defined purposes or in accordance with established conditions;
conformity assessment procedure: any procedure used, directly or indirectly, to determine whether relevant requirements established by technical regulations or standards are met, including sampling, testing, inspection, evaluation, verification, conformity assurance, accreditation, certification, registration or approval, employed for those purposes, but does not mean an approval procedure;
administrative rejection: the actions taken by an organ of the public administration of the importing Party, in the exercise of its powers, to prevent the entry into its territory of a shipment, for technical reasons;
technical regulation: a document setting out the characteristics of goods or their related processes and production methods, or their related methods of operation, including the applicable administrative provisions, and compliance with which is mandatory. It may also include requirements on terminology, symbols, packaging or labeling applicable to a good, process or related production or operation method, or deal exclusively with them; hazardous substances: those that threaten the health or integrity of humans, animals, plants or the environment, and are identified as such by national and international organizations.

Article 9-02. Scope of Applicatioin

1. This Chapter applies to the standardization and metrology measures of the Parties, as well as measures related thereto, that may affect, directly or indirectly, trade in goods between them.
2. This Chapter does not apply to the animal and plant health measures referred to in Section B of Chapter IV (Agricultural Sector and Animal and Plant Health Measures). 

Article 9-03. Extension of Obligations

Each Party shall comply with the provisions of this Chapter and shall take the necessary measures to ensure compliance by state, departmental and local governments, and shall take such measures in that regard as may be available to it, with respect to non-governmental standardizing bodies in its territory.

Article 9-04. Confirmation of International Rights and Obligations

 The Parties confirm their existing rights and obligations regarding standardization measures under the WTO Agreement and other international treaties to which the Parties are parties, including treaties on health, environment and conservation.

Article 9-05. Basic Obligations and Rights

1. Notwithstanding any other provision of this Chapter, and in accordance with paragraph 3 of Article 9-07, each Party may establish the level of protection that it considers appropriate to achieve its legitimate objectives.
2. Each Party may develop, adopt, implement and maintain standardization measures to ensure its level of protection of human, animal or plant life or health, the environment or for the prevention of practices that may mislead the consumer, as well as measures to ensure the implementation and enforcement of such standardization measures, including relevant approval procedures.
3. No Party shall develop, adopt, maintain or apply any standardizing measure that has the purpose or effect of creating unnecessary obstacles to trade between them. To this end, each Party shall ensure that standardizing measures are no more trade-restrictive than necessary for the achievement of its legitimate objectives, taking into account technical and economic possibilities, and the risks that non-compliance would create.
4. In connection with its standards-related measures, each Party shall accord to goods of the other Party national treatment and treatment no less favorable than that it accords to like goods of any other country.

Article 9-06. Use of International Standards

1. Each Party shall use, as a basis for the development, elaboration or application of its standards, existing or imminently adopted international standards, except where such international standards are not an effective or appropriate means of achieving its legitimate objectives, due to fundamental factors of a climatic, geographical, technological or infrastructural nature, among others.
2. A Party's standardization measure that conforms to an international standard shall be presumed to be consistent with paragraphs 3 and 4 of article 9-05.
3. In pursuing its legitimate objectives, each Party may adopt, maintain or apply any standards-related measure that results in a higher level of protection than would have been achieved if the measure were based on an international standard due to, inter alia, fundamental climatic, geographical, technological or infrastructural factors.

Article 9-07. Risk Assessment

1. Each Party may conduct risk assessments in its territory provided that this does not have the purpose or effect of creating unnecessary obstacles to trade between them. In doing so, it shall take into consideration risk assessment methods developed by international organizations and shall ensure that its standardization measures are based on assessments of risk to human, animal, plant and environmental health and safety. In conducting a risk assessment, the Party conducting the risk assessment shall take into consideration any relevant scientific evidence, available technical information, intended end use, processes or methods of production, operation, inspection, quality, sampling or testing, or environmental conditions.
2. Having established the level of protection it considers appropriate in accordance with paragraph 1 of Article 9-05, each Party shall, in carrying out a risk assessment, avoid arbitrary or unjustifiable distinctions between similar goods, if such distinctions would:

a) have the effect of arbitrarily or unjustifiably discriminating against goods of the other Party;
b) constitute a disguised restriction on trade between the Parties; or
c) discriminate between like goods for the same use under the same conditions that pose the same level of risk and confer similar benefits.
4. Where the Party conducting a risk assessment concludes that the scientific evidence or other available information is insufficient to complete the assessment, it may adopt a technical regulation on a provisional basis based on the relevant available information. Once it has been presented with sufficient information to complete the risk evaluation, the Party shall complete its evaluation as soon as possible, and shall review and, where appropriate, reconsider the provisional technical regulation in the light of that evaluation.

Article 9-08. Compatibility and Equivalence

1. The Parties recognize the central role that standardization measures play in the promotion and protection of legitimate objectives and shall work together to strengthen the level of safety and protection of human, animal and plant life and health, the environment and the prevention of practices that may mislead consumers.
2. Without prejudice to their rights under this Chapter and taking into account international standardization activities, the Parties shall make compatible, to the greatest extent possible, their respective standardization measures, without reducing the level of safety or protection of human, animal or plant life or health, the environment or consumers.
3. At the request of a Party, the other Party shall take such reasonable measures as may be available to it to promote the compatibility of its specific standardization measures with the standardization measures of the other Party, taking into account relevant international procedures and activities.
4. Each Party shall accept a technical regulation adopted by the other Party as equivalent to its own when, in cooperation with the other Party, the exporting Party demonstrates to the satisfaction of the importing Party that its technical regulation adequately fulfills the legitimate objectives of the importing Party.
5. On request of the exporting Party, the importing Party shall communicate in writing its reasons for not having accepted a technical regulation under paragraph 4.
6. To the extent possible, each Party shall accept the results of conformity assessment procedures carried out in the territory of the other Party, even if those procedures differ from its own, provided that they offer satisfactory assurance, equivalent to that offered by procedures carried out or to be carried out in its territory, the result of which it accepts, that the relevant good complies with the applicable technical regulations or standards that are developed or maintained in the territory of that Party.
7.Prior to acceptance of the results of a conformity assessment procedure in accordance with paragraph 6, in order to strengthen confidence in the continued integrity of each Party's conformity assessment results, the Parties may consult on matters such as the technical capability of conformity assessment bodies, taking into consideration verified compliance with relevant international standards through that means of accreditation.

Article 9-09. Conformity Assessment

1. Recognizing the existence of differences in conformity assessment procedures in their respective territories, the Parties shall, to the greatest extent possible, make compatible their respective conformity assessment procedures in accordance with the provisions of this Chapter.
2. If mutually beneficial, each Party shall, on a reciprocal basis, accredit, approve, license or recognize conformity assessment bodies in the territory of the other Party on terms no less favorable than those granted to such bodies in its territory.
3. With respect to its conformity assessment procedures, each Party shall be obliged to: 166 a) not to adopt or maintain more stringent conformity assessment procedures, or to apply them more strictly than necessary, to satisfy itself that the good conforms to the applicable technical regulations or standards, taking into consideration the risks that nonconformity might create;
b) to initiate and complete such procedure as expeditiously as possible;
c) establish a non-discriminatory order for the processing of applications;
d) accord to goods originating in the other Party national treatment and treatment no less favorable than that accorded to its like goods or to goods of any other country;
e) publish the normal duration of each of these procedures or communicate, at the request of the applicant, the approximate duration of the procedure;
f) ensure that the competent national body:
i) upon receipt of an application, promptly examines the completeness of the documentation and informs the applicant, accurately and completely, of any deficiencies;
ii) as soon as possible, transmits to the applicant the results of the conformity assessment procedure accurately and completely, so that the applicant can carry out any corrective action;
iii) where the application is deficient, continues the procedure as far as possible, if the applicant so requests; and
iv) report on request of the applicant the status of its application and the reasons for any delay;
g) limit the information to be submitted by the applicant to that necessary to assess conformity and determine the appropriate cost of the assessment;
h) accord to confidential information arising from or submitted in connection with the procedure with respect to a good of the other Party:
i) the same treatment as that accorded to information relating to a good of the Party; and
ii) treatment that protects the commercial interests of the applicant;
i) ensure that any fee charged for assessing the conformity of a good being exported from the other Party is equitable in relation to that charged for assessing the conformity of an identical or similar good of the Party, taking into consideration communication, transportation and related costs;
j) ensure that the location of the facilities where conformity assessment procedures are carried out does not cause unnecessary inconvenience to the applicant or its representative; l) limit the procedure, in the case of a good that has been modified subsequent to a conformity assessment determination, to that necessary to determine that the good continues to comply with those regulations or standards; and
m) limit to reasonableness any requirement for samples of a good and ensure that the selection and collection of samples does not cause unnecessary inconvenience to the applicant or its representative.
4. The Parties shall apply the provisions of paragraph 3, with appropriate modifications, to their approval procedures.
5. Each Party shall give favorable consideration to the request of the other Party to negotiate agreements on the mutual recognition of the results of that Party's conformity assessment procedures.

Article 9-10. Metrological Standards

The Parties shall make compatible, to the greatest extent possible, their metrological standards, taking as a basis the international standards in force, as stipulated in this Chapter.

Article 9-11. Health Protection

Each Party shall ensure that:
a) medicines, medical equipment and instruments, pharmochemical goods and other inputs for human, animal or plant health;
b) foodstuffs;
c) cosmetics and perfumes;
d) dangerous goods and substances; and
e) radioactive goods, materials, sources and equipment, and sources and equipment emitting ionizing radiation. (e) goods, materials, radioactive sources and equipment, and sources and equipment emitting ionizing radiation, which are subject to sanitary registration within the territory of a Party, shall, where appropriate, be registered, recognized or evaluated by the competent authority of that country, based on a single national system of a federal or central nature, as the case may be, of mandatory observance.
2. Certificates attesting that the enterprises producing or conditioning the goods referred to in paragraph 1 comply with the standards and technical regulations shall be accepted only if they have been issued by the competent regulatory agencies of the federal or central government, as the case may be.
3. The Parties shall establish a system of mutual technical cooperation that shall work on the basis of the following program:
a) identification of specific needs regarding:
i) the application of good manufacturing practices in the manufacture and approval of medicines, particularly those for human use;
ii) the application of good laboratory practices in the systems of analysis and evaluation established in the relevant international guides in force; and
iii) the development of common identification and nomenclature systems for health auxiliary goods and medical instruments;
b) homologation of requirements relating to labeling, development and strengthening, among others, of standardization and surveillance systems in relation to warning labeling;
c) development of training and education programs, and organization of, inter alia, a common system for the training, continuing education, training and evaluation of health officials and inspectors;
d) development of a mutual accreditation system for verification units and testing laboratories;
e) development and strengthening of formal communication systems to monitor and regulate the exchange of goods related to human, animal or plant health; and
f) development, strengthening and promotion of cooperation in the aspects related to paragraphs 1 and 2.
4. The Sub-Working Group on Health Standardization Measures, established pursuant to paragraph 5 of Article 9-17, shall organize and follow up on the activities outlined in paragraph 3 and make appropriate recommendations to the Parties upon request.

Article 9-12. Protection of the Environment and Management of Hazardous Substances and Wastes

 1. For the care and protection of its environment, each Party shall apply the provisions, guidelines or recommendations of the United Nations Organization and of the relevant international agreements to which both Parties are parties, in addition to its own legislation. 2. The Parties shall regulate and control the production, introduction and marketing of pharmaceutical products, pesticides and other hazardous substances, in accordance with the provisions of this Agreement and those of their legislation.
3. Each Party shall regulate, in accordance with its legislation, the introduction, acceptance, deposit, transport and transit through its territory of hazardous, radioactive or other wastes of internal or external origin which, by their characteristics, constitute a danger to the health of the population or to the environment.

Article 9-13. Labeling

1. In accordance with the provisions of this Chapter, each Party shall apply, within its territory, its relevant labeling requirements.
2. The Parties shall develop common labeling requirements through the Sub-Working Group on Standardization Measures on Labeling, Packaging, Packing and Consumer Information, established pursuant to paragraph 5 of Article 9-17.
3. The Sub-Working Group shall formulate recommendations, among others, on the following areas:
a) development of a common system of symbols and pictograms;
b) definitions and terminology;
c) presentation of information, including language, measurement systems, ingredients and sizes; and
d) any other related matters.

Article 9-14. Notification, Publication and Provision of Information

1. Each Party shall notify the other Party of the standardization and metrology measures it intends to establish before they enter into force and no later than to its nationals.
2. In addition to the provisions of Articles 10-02 (Publication) and 10-03 (Notification and Provision of Information), to propose the adoption or modification of any standardization or metrology measure, each Party shall:
a) shall publish a notice and notify the other Party in writing of its intention to adopt or modify such measure, so as to enable interested persons to familiarize themselves with the proposal, at least 60 days in advance of its adoption or modification, except in the case of any standardization measure relating to perishable goods, in which case, the Party shall, to the maximum extent practicable, publish the notice and notify at least 30 days in advance of the adoption or modification of such measures and, in any case, simultaneously that its producers;
b) identify in such notice and notification the good to which the measure is to be applied, and include a brief description of the objective and motivation of the measure;
c) provide a copy of the proposed measure to the other Party or any interested person on request and, where possible, identify the provisions that deviate in substance from the relevant international standards;
d) without discrimination, allow the other Party and interested persons to make comments in writing and, upon request, discuss and take them and the results of the discussions into account; and
e) ensure that, upon adoption of the measure, the measure is published expeditiously or otherwise made available to interested persons in the other Party to familiarize them with the measure.
3. Each Party shall endeavor to avoid maintaining in force or applying any technical regulations and conformity assessment procedures if the circumstances or objectives that gave rise to their adoption no longer exist, or can be met in a manner less restrictive to bilateral trade.
4. With respect to technical regulations other than those issued by the federal or central government, as the case may be, each Party shall:
a) shall ensure that a notice is published and shall notify the other Party in writing of its intention to adopt or modify such a regulation at an appropriate initial stage;
b) shall ensure that such notice and notification identifies the good to which the technical regulation will apply, and shall include a brief description of the objective and rationale for the technical regulation;
c) ensure that a copy of the proposed technical regulation is provided to the other Party or to any interested person on request; and
d) take such reasonable measures as may be available to it to ensure that, upon adoption of the technical regulation, it is published expeditiously or otherwise made available to interested persons in the other Party so that they may become familiar with it.
5. Where a Party considers it necessary to address an urgent problem relating to safety or to the protection of human, animal or plant life or health, the environment or to practices that mislead consumers, it may omit any of the steps set out in paragraph 2 or 4, provided that, when adopting the standardization measure:
a) immediately notifies the other Party in accordance with the requirements set out in paragraph 2(b), including a brief description of the urgent problem;
b) provides a copy of the measure to the other Party and to any interested person who so requests;
c) without discrimination, allow the other Party and interested persons to make comments in writing and, upon request, discuss and take them and the results of the discussions into account; and
d) ensure that the measure is published expeditiously, or otherwise allow interested persons to become familiar with it.
6. The Parties shall allow a reasonable period between the publication of their standardization measures and the date on which they enter into force for interested persons to adapt to these measures, except where it is necessary to address one of the urgent problems referred to in paragraph 5.
7. Each Party shall annually notify the other Party in writing of its plans and programs for standardization.
8. Where a Party permits interested persons from outside the government to be present during the process of developing standardization measures, it shall also permit persons from outside the government of the other Party to be present.
9. Each Party shall designate a government authority to be responsible for the implementation of the notification provisions of this Chapter and shall notify the other Party.
10. Where a Party designates two or more governmental authorities for this purpose, it shall inform the other Party precisely and fully of the scope of responsibilities of those authorities. When a Party administratively rejects a shipment on the grounds of non-compliance with a standardization measure, it shall inform, without delay and in writing, the person holding the shipment, the technical justification for the rejection.
11. Once the information referred to in paragraph 10 has been generated, the Party shall immediately forward it to the information center or centers, in its territory, referred to in Article 9-15 in its territory, which, in turn, shall inform the information centers of the other Party.

Article 9-15. Information Centers

1. Each Party shall ensure that there is at least one information center in its territory capable of responding to all reasonable inquiries and requests from the other Party and interested persons, as well as providing relevant documentation regarding:
a) any standardization measures or metrological standards adopted or proposed in its territory;
b) the membership and participation of that Party, or its relevant authorities, in international or regional standardizing bodies and conformity assessment systems, in bilateral or multilateral agreements, within the scope of this Chapter, as well as in relation to the provisions of those systems and agreements;
c) the location of notices published pursuant to this Chapter, or the place where the information contained therein may be obtained;
d) the location of the information centers referred to in paragraph 3; and
e) the Party's risk assessment procedures, the factors it takes into consideration in carrying out the assessment, and with the establishment of the levels of protection it considers appropriate, in accordance with paragraph 1 of Article 9-05.
2. Where a Party designates more than one information center:
a) inform the other Party of the scope of responsibilities of each such center; and
b) ensure that any request sent to the wrong information center is forwarded expeditiously to the correct information center.
3. Each Party shall take such reasonable measures as may be available to it to ensure that there is at least one information center, within its territory, capable of responding to all inquiries and requests from the other Party and interested persons, and of providing relevant documentation, or information where such documentation may be obtained, relating to: a) any standards or conformity assessment processes adopted or proposed by non-governmental standardizing bodies in its territory; and b) the membership and participation in international and regional standardizing bodies and conformity assessment systems of relevant non-governmental bodies in its territory.
4. Each Party shall ensure that, where the other Party or interested persons, in accordance with the provisions of this Chapter, request copies of the documents referred to in paragraph 1, they shall be provided at the same price that applies for domestic sale, except for the actual cost of shipment.

Article 9-16. Limitations on the Provision of Information

Nothing in this Chapter shall be construed to impose an obligation on a Party to provide any information, the disclosure of which it considers contrary to the essential interests of its national security or of particular enterprises.

Article 9-17. Working Group on Standardization Measures

1. The Parties establish the Working Group on Standardization Measures, composed of an equal number of representatives of each Party.
2. The functions of the Working Group include, inter alia:

a) monitoring the implementation, enforcement and administration of this Chapter, including the progress of the working subgroups established pursuant to paragraph 5;
b) facilitating the process through which the Parties shall make their standardization and metrology measures compatible;
c) serving as a forum for the Parties to consult on matters related to standardization and metrology measures;
d) promote technical cooperation activities between the Parties;
e) assist in risk assessments carried out by the Parties;
f) assist in developing and strengthening the standardization and evaluation systems of the Parties; and
g) report annually to the Commission on the implementation of this Chapter.
3. The Working Group shall:
a) meet at least once a year, unless the Parties agree otherwise;
b) establish its rules of procedure; and
c) make its decisions by consensus. When the Working Group considers it appropriate, it may establish such sub-working groups as it deems appropriate and shall determine the scope and terms of reference of such sub-working groups.
4. Each such sub-working group shall be composed of representatives of each Party and may:
a) when it deems necessary, include or consult with:
i) representatives of non-governmental bodies, such as standardization and metrology bodies or private sector chambers and associations;
ii) scientists; and
iii) technical experts; and (b) determine its work program, taking into account relevant international activities.
5. In addition to the provisions of paragraph 4, the Working Group shall:
a) establish:
i) the Sub-Working Group on Health Standardization Measures;
ii) the Sub-Working Group on Labeling, Packaging, Packaging and Consumer Information Standardization Measures; and
b) any other sub-working groups it deems appropriate to discuss, inter alia, the following topics:
i) the identification and nomenclature of goods subject to standardization measures;
ii) technical regulations and standards of quality and identity;
iii) programs for the approval of goods and for post-sale surveillance;
iv) principles for the accreditation and recognition of testing facilities, inspection agencies and conformity assessment bodies;
v) the development and implementation of a uniform system for the classification and reporting of hazardous chemicals and the communication of chemical hazards;
vi) programs to ensure compliance with the provisions in force, including training and inspection by personnel responsible for regulation, analysis and verification of compliance; vii) the promotion and application of good laboratory practices;
viii) the promotion and application of good manufacturing practices;
ix) criteria for the evaluation of potential damage to the environment due to the use of goods;
x) analysis of procedures for the simplification of import requirements for specific goods;
xi) guidelines for testing chemical substances, including those of an industrial nature and those for agricultural, pharmaceutical and biological use; and
xii) means to facilitate consumer protection, including compensation for damage caused to the consumer.

Article 9-18. Technical Cooperation

1. At the request of a Party, the other Party may provide information or technical assistance, to the extent possible and on mutually agreed terms, to assist in the implementation of this Chapter and to strengthen the standardization and metrology activities, processes, systems and measures of that Party.
2. The activities referred to in paragraph 1 include:
a) the identification of specific needs;
b) training and capacity building programs;
c) the development of a system of mutual accreditation for verification units and testing laboratories;
d) the development and strengthening of formal systems of communication to monitor and regulate the exchange of goods; and
e) information on technical cooperation programs related to standardization measures carried out by a Party.
3. In order to carry out the activities proposed in paragraph 2, the Parties shall establish the necessary mechanisms they deem appropriate, including those referred to in paragraph 4 of Article 9-17.

Article 9-19. Technical Consultations

1. When a Party has doubts on the interpretation or application of this Chapter, on the standardization or metrology measures of the other Party or on the measures related to them, the latter may resort to the Working Group or to the Dispute Settlement Regime provided for in the First Additional Protocol to this Agreement. The Parties may not use both channels simultaneously.
2. When a Party decides to resort to the Working Group, it shall notify the Working Group so that it may consider the matter or refer it to a working subgroup or other competent forum, with a view to obtaining non-binding technical advice or recommendations.
3. The Working Group shall consider any matter referred to it pursuant to paragraphs 1 and 2 as expeditiously as possible and shall bring to the attention of the Parties any technical advice or recommendations it develops or receives in connection with that matter. Upon receipt by the Parties of the requested technical advice or recommendation from the Working Group, the Parties shall provide a written response to the Working Group with respect to such technical advice or recommendation within a period to be determined by the Working Group.
4. In the event that the technical recommendation issued by the Working Group does not resolve the dispute between the Parties, they may resort to the Dispute Settlement Regime established in the First Additional Protocol to this Agreement. If the Parties so agree, the consultations conducted before the Working Group shall constitute those provided for under the First Additional Protocol to this Agreement.
5. The Party asserting that a standardization measure of the other Party is inconsistent with the provisions of this Chapter shall prove the inconsistency. 

Part FOUR. ADMINISTRATIVE PROVISIONS

Chapter X. Transparency

Article 10-01. Information Center

1. Each Party shall designate a unit or office as an information center to facilitate communication between the Parties on any matter covered by this Agreement.
2. When requested by a Party, the information center of the other Party shall indicate the unit or official responsible for the matter and shall provide the support required to facilitate communication with the requesting Party.

Article 10-02. Publication

1. Each Party shall ensure that its laws, regulations, procedures and administrative rulings of general application that relate to any matter covered by this Agreement are promptly published or made available for the information of the Parties and any interested party.
2. To the extent practicable, each Party shall:
a) publish in advance any measure it proposes to adopt; and
b) provide reasonable opportunity for persons and the other Party to comment on proposed measures.

Article 10-03.

1. Notification and Provision of Information. Each Party shall, to the extent possible, notify the Party with an interest in the matter of any measure in force or proposed to be taken that the Party considers may substantially affect or affect the interests of that other Party under the terms of this Agreement.
2. Each Party shall, upon request of the Party concerned, provide information and promptly respond to its questions regarding any existing or proposed measure, notwithstanding that the Party concerned has been previously notified of that measure. The notification or provision of information referred to in this Article shall be without prejudice to whether or not the measure is consistent with this Agreement.

Article 10-04. Guarantees of Hearing, Legality and Due Process of Law

1. The Parties reaffirm the guarantees of hearing, legality and due process of law enshrined in their respective legislation.

2. Each Party shall maintain tribunals and judicial or administrative procedures for the review and, where appropriate, correction of final acts related to this Agreement.

3. Each Party shall ensure that in judicial and administrative proceedings relating to the application of any measure affecting the operation of this Agreement, the essential formalities of the procedure are observed, and the legal cause thereof is substantiated and justified.

Chapter XI. Administration of the Agreement

Article 11-01. Administrative Commission

1. The Parties establish the Administrative Commission, composed of the officials referred to in Annex 1 to this article or by the persons designated by them. The Commission shall have the following functions:
a) to ensure compliance with and correct application of the provisions of this Agreement;
b) to evaluate the results achieved in the application of this Agreement and monitor its development;
c) to resolve disputes arising with respect to its interpretation or application;
d) to supervise the work of all the working groups established in this Agreement and included in Annex 2 to this article; and
e) to hear any other matter that may affect the operation of this Agreement, or any other matter that may be entrusted to it by the Parties.
2. The Commission may:
a) establish and delegate responsibilities to ad hoc or permanent working groups and groups of experts;
b) request the advice of individuals or groups without governmental connection; and
c) review the chapters provided for in this Agreement and propose to the Parties the modifications it considers necessary; and
d) if agreed by the Parties, take any other action for the exercise of its functions.
3. The Commission shall establish its rules and procedures and all its decisions shall be taken unanimously.
4. The Commission shall meet at least once a year. The meetings shall be chaired successively by each Party.

Article 11-02. The Secretariat

1. The Commission shall establish and supervise a Secretariat composed of national sections. Each Party shall:
a) establish the permanent office of its national section;
b) be responsible for:
i) the operation and costs of its section; and
ii) the remuneration and expenses to be paid to the arbitrators and experts appointed in accordance with this Agreement, as provided in the Annex to this Article;
c) designate the Secretary of its national section, who shall be the official responsible for its administration; and
d) notify the Commission of the address of its national section.
2. The Secretariat shall have the following functions:

a) provide assistance to the Commission;
b) provide administrative support to the arbitral tribunals;
c) upon instructions from the Commission, support the work of the working groups established pursuant to this Agreement; and
d) such other functions as may be entrusted to it by the Commission. 

Part FIVE. DISPUTE SETTLEMENT

Chapter XII. Dispute Settlement

Disputes arising between the Parties concerning the interpretation, application or breach of this Agreement shall be governed by the provisions of the Dispute Settlement Regime provided for in the First Additional Protocol to this Agreement, once the Parties have completed the legal formalities necessary for the entry into force of the said Protocol. 

Part SIX. OTHER PROVISIONS

Chapter XIII. Exceptions

Article 13-01. General Exceptions

Article XX of the GATT and its interpretative notes are incorporated into and form an integral part of this Agreement

Article 13-02. National Security

1. Nothing in this Agreement shall be construed to:
a) require a Party to furnish or give access to information the disclosure of which it considers contrary to its essential security interests;
b) prevent a Party from taking any action 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 on for the direct or indirect purpose of providing supplies to a military institution or other defense establishment;
ii) taken in time of war or other emergency in international relations;
iii) relating to the implementation of national policies or international agreements relating to the non-proliferation of nuclear weapons or other nuclear explosive devices; or
c) to prevent any Party from taking action in accordance with its obligations under the United Nations Charter for the Maintenance of International Peace and Security.

Article 13-03. Exceptions to Disclosure of Information

Nothing in this Agreement shall 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 regarding, inter alia, the protection of privacy of individuals, financial affairs, and bank accounts of individual customers of financial institutions.

Chapter XIV. Final Provisions

Article 14-01. Annexs

The annexes to this Agreement constitute an integral part of the same.

Article 14-02. Amendments

1. The Parties may agree on any modification or addition to this Agreement. 
2. The agreed modifications and additions shall enter into force once they are approved according to the corresponding legal procedures of each Party and shall constitute an integral part of this Agreement.

Article 14-03. Convergence

The Parties shall promote the convergence of this Agreement with other integration agreements of Latin American countries, in accordance with the mechanisms established in the Treaty of Montevideo 1980.