8. In the case of any request, notice or other document related to the procedure that is not covered by rules 6 and 7, the Party involved shall deliver a copy to the other Parties involved by any means of electronic transmission.
9. Minor errors of form contained in an application, notice, brief or any other document related to the procedure may be corrected by submitting a new document that clearly identifies the changes made.
10. When the last day for delivery of a document to any section of the Secretariat is not a working day for that section, or if the offices of that section are closed on that day, by governmental regulation or due to force majeure, the document may be delivered on the following working day. Any delivery of documents relating to these rules shall be made within the normal business hours of the relevant offices where delivery is to be made.
OPERATION OF THE ARBITRAL TRIBUNAL
11. The meetings of the arbitral tribunals shall be presided over by its chairman who, by delegation of the members of the arbitral tribunal, shall have the power to make administrative and procedural decisions.
12. Except as otherwise provided in these rules, the arbitral tribunal shall perform its functions by any means of communication, including telephone, facsimile transmission or computer links.
13. Only the arbitrators may participate in the deliberations of the arbitral tribunal, unless the tribunal allows the presence, during such deliberations, of assistants, Secretariat personnel, interpreters or translators.
14. For procedural matters not covered by these rules, the arbitral tribunal may apply such procedural rules as it deems appropriate, provided that they are not inconsistent with this treaty.
15. If an arbitrator dies, resigns or is removed, a replacement shall be appointed, in the most expeditious manner possible, following the same selection procedure used for the appointment of the former.
16. The procedural time limits shall be suspended from the date on which the arbitrator dies, resigns or is removed until the date on which the substitute arbitrator joins the arbitral tribunal.
17. After consultation with the disputing Parties, the arbitral tribunal may modify the procedural time limits and make any other procedural or administrative adjustments that may be necessary in the proceedings, such as when an arbitrator is replaced or when the Parties are required to respond in writing to questions posed by the arbitral tribunal.
HEARINGS
18. The chairman of the arbitral tribunal shall fix the place, date and time of the hearing in consultation with the Parties concerned, the other members of the arbitral tribunal and the responsible section of the Secretariat. The responsible section of the Secretariat shall notify the Parties concerned in writing of the place, date and time of the hearing.
19. The hearing shall be held in the capital of the Party complained against.
20. With the consent of the disputing Parties, the arbitral tribunal may hold additional hearings.
21. All arbitrators shall be present at the hearings.
22. The following persons may be present at the hearing:
a) representatives of the Parties involved;
b) advisors of the Parties involved, provided that they do not address the arbitral tribunal and that neither they nor their employers or employers' employers, partners, associates or family members have any financial or personal interest in the proceeding;
c) the administrative staff of the Secretariat, interpreters, translators and stenographers; and
d) the arbitrators' assistants.
23. No later than five days before the date of the hearing, each Party involved shall deliver to the other Parties involved and to the responsible section of the Secretariat, a list of the persons who, on its behalf, will make oral arguments at the hearing, as well as of the other representatives or advisors who will be present at the hearing.
24. The arbitral tribunal shall conduct the hearing in the following manner and shall ensure that the complaining Party and the Party complained against have equal time:
Oral Arguments
a) Argument of the Complaining Party.
b) Argument of the Respondent.
c) Presentation of the third part.
Rejoinder and counter-rejoinder
d) Rejpinder of the Complaining Party.
e) Counter-rejoinder of the Respondent.
25. At any time during the hearing, the arbitral tribunal may put questions to the Parties involved.
26. The responsible section of the Secretariat shall take the necessary steps to ensure that the hearing is recorded in writing and, as soon as possible, shall provide the Parties involved, the other sections of the Secretariat and the arbitral tribunal with a copy of the transcript of the hearing.
ADDITIONAL DOCUMENTS
27. At any time during the proceedings, the arbitral tribunal may put written questions to any of the Parties involved. The arbitral tribunal shall deliver the written questions to the Party or Parties to whom they are addressed through the responsible section of the Secretariat. As expeditiously as possible, the responsible section of the Secretariat shall arrange for the delivery of copies of the questions to the other sections of the Secretariat and to any other Party concerned.
28. The Party concerned to which the arbitral tribunal asks written questions shall deliver a copy of its written answer to its national section of the Secretariat. As expeditiously as possible, that section of the Secretariat shall forward such reply to the responsible section of the Secretariat. Also as expeditiously as possible, the responsible section of the Secretariat shall arrange for the delivery of copies of the response to the other sections of the Secretariat and to the other Parties concerned. During the five days following the date of delivery, each Party concerned shall have the opportunity to submit written comments on the response document.
29. Within 10 days of the date of the hearing, the Parties involved may submit to their national section of the Secretariat a supplementary written submission on any matter that arose during the hearing.
BURDEN OF PROOF FOR INCOMPATIBLE MEASURES AND EXCEPTIONS
30. The Party asserting that a measure of another Party is inconsistent with the provisions of the treaty shall have the burden of proving such inconsistency.
31. The Party asserting that a measure is subject to an exception under the treaty shall have the burden of proving that the exception applies.
AVAILABILITY OF INFORMATION
32. The Parties shall maintain the confidentiality of hearings before an arbitral tribunal, deliberations and the preliminary report, as well as all written submissions to and communications with the arbitral tribunal, in accordance with procedures agreed from time to time between the representatives of the Parties.
EX PARTE CONTACTS
33. The arbitral tribunal shall refrain from meeting with a Party involved and from establishing contact with it in the absence of the other Parties involved.
34. No arbitrator shall discuss with one or more of the Parties involved any matter relating to the proceeding in the absence of the other arbitrators.
TECHNICAL ADVICE
35. No arbitral tribunal, either on its own motion or at the request of a Party concerned, may seek information or request technical advice from such persons or institutions as it deems appropriate more than 15 days after the date of the hearing.
36. Prior to the date of selection of the persons or institutions referred to in the preceding paragraph, the Parties concerned may submit to the arbitral tribunal written observations on the factual issues on which such persons or institutions are to express an opinion.
COMPUTATION OF DEADLINES
37. Where, under the treaty or these rules, any action, step or proceeding is required to be taken, or is required by the arbitral tribunal to be taken, within a specified period of time after, before or from a specified date or event, that specified date or the date on which that event occurs shall not be included in the calculation of the period of time.
38. When, as a consequence of Rule 10, a Party involved receives a document:
a) on a date other than that on which the same document is received by any other Party involved; or
b) of another involved Party on a date prior to or after the date on which it receives the corresponding document from a third involved Party; any period of time to begin to run with the receipt of such document shall be calculated from the date of receipt of the last such document.
ARBITRATION TRIBUNALS FOR SUSPENSION OF BENEFITS
39. These rules shall apply to arbitral tribunals established pursuant to section 19-16, paragraph 4, except for:
a) the Party requesting the establishment of the arbitral tribunal shall deliver its initial written submission to its section of the Secretariat within 10 days after the last arbitrator has been appointed;
b) the responding Party shall deliver its written submission to its section of the Secretariat within 15 days from the date of delivery of the initial submission;
c) subject to the time limits set forth in the treaty and these rules, the arbitral tribunal shall fix the time limit for the delivery of any additional written submissions, including written rebuttals, so that each disputing Party has the opportunity to submit an equal number of written submissions; and
d) Unless otherwise agreed by the disputing Parties, the arbitral tribunal may decide not to hold hearings.
SECTION RESPONSIBLE FOR THE SECRETARIAT
40. The section responsible for the Secretariat:
a) provide administrative assistance to the arbitral tribunal;
b) remunerate and provide administrative assistance to experts, arbitrators and their assistants, stenographers or other persons engaged by it in connection with proceedings before an arbitral tribunal;
c) once its appointment has been confirmed, make available to the arbitrators copies of the treaty and other documents relating to the proceedings, such as these rules; and
d) keep indefinitely a copy of the complete file of the proceedings before an arbitral tribunal.
LISTS OF ARBITRATORS
4. The Parties shall communicate to each section of the Secretariat the integration of the lists established pursuant to Article 19-08. The Parties shall promptly notify each section of the Secretariat of any modification to the lists.
Chapter XX. EXCEPTIONS
Article 20-01. Definitions.
For the purposes of this chapter, a tax treaty shall be understood to mean a treaty to avoid double taxation or other international tax treaty or arrangement.
Article 20-02. General Exceptions.
1. Article XX of GATT 1994 and its interpretative notes are incorporated into and form an integral part of this treaty for the purposes of Chapters Ill, IV, VI, VII, VIII, IX and XV, except to the extent that any of its provisions apply to trade in services or investment.
2. Subparagraphs (a), (b) and (c) of Article XIV of the GATS, for purposes of Chapters X, XII and XV, are Incorporated into and form an integral part of this treaty, except to the extent that any of its provisions apply to trade in goods.
Article 20-03. National Security.
The provisions of this treaty shall not be interpreted as meaning:
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;
il) adopted in time of war or other emergency in international relations; or iil) 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 for the maintenance of international peace and security.
Article 20-04. Exceptions to Disclosure of Information.
The provisions of this treaty 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 its laws regarding, inter alia, 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 20-05. Taxation.
1. For purposes of this article, "tax measures" does not include:
a) a "customs duty", as defined in Article 2 -01; or
b) the measures listed in exceptions b), c) and d) of that definition;
2. Except as provided in this article, nothing in this treaty shall apply to taxation measures.
3. Nothing in this treaty shall affect the rights and obligations of either Party arising under any tax convention. In the event of any inconsistency between this treaty and any such treaty, the treaty shall prevail to the extent of the inconsistency.
4. Notwithstanding the provisions of paragraph 2:
a) Article 3-03, and such other provisions in this treaty 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 -14 shall apply to tax measures.
5. Article 14-11 shall apply to taxation measures, except that no investor may invoke that Article as a basis for a claim under Article 14-19 where it has been determined in accordance with this paragraph that the measure does not constitute an expropriation. The investor shall, at the time of making the notification referred to in Article 14-21, submit the matter to the competent authorities specified in Annex 20-05 for such authority to determine whether the measure does not constitute an expropriation. If the competent authorities do not agree to examine the matter or if, having agreed to examine the matter, they do not agree that the measure does not constitute an expropriation, within six months after the matter has been submitted to them, the investor may submit a claim to arbitration in accordance with Article 14-22.
Article 20-06. Balance of Payments and Safeguard.
1. Each Party may adopt or maintain a measure to suspend, for a reasonable periad of time, all or only some of the benefits contained in this treaty when:
a) the application of any provision of this treaty results in a serious economic and financial disruption in the territory of the Party, which cannot be adequately remedied by some alternative measure; or
b) the balance of payments of a Party, including the state of its monetary reserves, Is seriously threatened or faces serious difficulties.
2. The Party that suspends or intends to suspend benefits under paragraph 1 shall inform the other Parties as soon as possible:
a) the serious economic and financial disruption caused by the implementation of this treaty and, as appropriate, the nature and extent of the serious threats to or serious difficulties faced by its balance of payments;
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 and 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) shall be temporary and shall be progressively released as the balance of payments, or the economic and financial situation of the Party, as the case may be, improves;
d) shall be applied in such a way as to avoid discrimination between the Parties at all times; and
e) shall be consistent with internationally accepted criteria.
4. The Party that adopts a measure to suspend the benefits contained in this treaty shall inform the other Parties of the evolution of the events that gave rise to the adoption of the measure.
5. For the purposes of this article, "reasonable time" shall mean the time during which the events described in paragraph 1 persist.
Annex 20-05. Competent Authority
For the purposes of Article 20-05, the competent authority shall be:
a) in the case of El Salvador: the Ministry of Finance;
b) in the case of Guatemala: the Ministry of Public Finance and the Superintendency of Tax Administration;
c) in the case of Honduras: the Secretariat of State in the Office of Finance; and
d) in the case of Mexico: the President of the Tax Administration Service.
Chapter XXI. FINAL PROVISIONS
Article 21-01. Validity.
This treaty will be of indefinite duration and will enter into force between Mexico and El Salvador, Guatemala and Honduras, 30 days after they have respectively exchanged their corresponding instruments of ratification certifying that the necessary legal formalities have been completed.
Article 21-02. Future Negotiations.
Eighteen months after the entry into force of this treaty, the Parties will begin negotiations on a chapter on government procurement, which will ensure broad coverage and the application of the principle of national treatment between the Parties.
Article 21-03. Reservations.
This treaty shall not be subject to reservations or interpretative declarations at the time of its ratification or approval by the legislative body of each Party.
Article 21-04. Modifications.
The Parties may agree on any modifications to this Agreement, which shall be approved in accordance with the corresponding legal procedures of each Party and shall constitute an integral part of this Agreement. Such modifications shall enter into force on the day following the day on which the last notification that the corresponding procedures have been concluded Is exchanged.
Article 21-05. Accession.
1. Any country or group of countries may accede to this treaty subject to such terms and conditions as may be agreed upon between that country or group of countries and the commission, and once its accession has been approved in accordance with the applicable legal procedures of each of them.
2. The accession shall become effective in accordance with the provisions of the corresponding instrument.
Article 21-06. Denunciation
1. Any Party may denounce this treaty. The denunciation shall take effect 180 days after it is communicated to the other parties, without prejudice that the parties may agree on a different term.
2 in the case of the accession of a country or group of countries in accordance with the provisions of Article 21-05, notwithstanding that a Party has denounced the treaty, it shall remain in force for the other parties.
Article 21-07. Transitory Provisions.
1. As of the entry into force of this treaty, the partial scope agreements, hereinafter referred to as PSAs, signed between Mexico and El Salvador, Guatemala and Honduras are no longer in effect.
2. Notwithstanding the foregoing, with respect to Chapter VII, importers may request the application of the respective AAP for a period of 30 days from the entry into force of this treaty. For such purposes, the certificates of origin issued pursuant to the respective AAP must have been completed prior to the entry into force of this treaty, be in force, and be valid for the aforementioned period.
Conclusion
Done at Mexico City, on the twenty-ninth day of June of the year two thousand, in four original copies, all texts being equally authentic.-
The President of the United Mexican States, Ernesto Zedillo Ponce de León.- Signed.-
The President of the Republic of El Salvador, Francisco Guillermo Flores Pérez.- Signed.-
The President of the Republic of Guatemala, Alfonso Portillo Cabrera.- Signed.-
The Presidential Designee of the Republic of Honduras, William Handal Raudales.- Signed.-
Attachments
Annex I
1. For the purposes of this Annex, the following definitions shall apply: international cargo for Mexican reservations, goods that have their origin or destination outside the territory of a Party; foreign exclusion clause for Mexican reserves, the express provision in the internal bylaws of a company, which establishes that foreigners will not be allowed, directly or indirectly, to be partners or own shares of the company;
CMAP the digits of the Mexican Classification of Activities and Products, as established in the Mexican Classification of Activities and Products, 1988 of the National Institute of Statistics, Geography and Informatics;
concession for Mexico's reserves, an authorization granted by the State to a person to exploit natural resources or provide a service, for which Mexican nationals and Mexican companies will be preferred over foreigners;
CPC the digits of the Central Product Classification (CPC), as established by the United Nations Statistical Office, Statistical Documents, Series M, No. 77, Provisional Central Product Classification, 1991; and
Mexican company for the Mexican reserves, a company incorporated under Mexican law.
2. A Party's Schedule indicates, in accordance with Articles 10-06 (1) and 14-09 (1), the reservations taken by a Party with respect to existing measures that are inconsistent with the obligations imposed by:
a) Articles 10-04 or 14-04 "National Treatment";
b) Articles 10-03 or 14-05 "Most favored nation treatment";
c) Article 10-05 "Local Presence";
d) Article 14-07 "Performance requirements"; or
e) Article 14-08 "Senior Management and Boards of Directors", and which, in certain cases, indicate commitments for immediate or future liberalization.