Mexico - Northern Triangle FTA (2000)
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No foreign artist or group of artists may perform in the country for more than 30 consecutive days or at intervals, within a period of one year from the first day of their performance.

Reduction Schedule: None

Sector: Recreational, cultural and sporting services (except audiovisual services).

Subsector: Entertainment services (including theater, bands and orchestras and circuses).

Industrial Classification: CPC 96194. Circus, amusement park and other similar amusement services.

Type of Reservation: National Treatment (Article 10-04)

Level of Govemment: National

Measures: Decree No. 122, dated November 4, 1988, published in the Official Gazette No. 219, Volume 301, dated November 25, 1988, Article 3. Decree No. 193, dated March 8, 1989, published in the Official Gazette No. 54, Volume 302, dated November 17, 1989, Articles 1 and 2 Regulations for the Application of Legislative Decrees 122 and 193 Related to Circus Enterprises, Articles 1 and 2

Description: Cross-border services

Every foreign circus that enters and wishes to work in the national territory must request before the Ministry of the Interior, the corresponding authorization, which once granted must be made known to the Salvadoran Association of Circus Entrepreneurs (ASEC), before the circus begins its presentations. In the case of foreign circuses or similar shows, the performance fee shall be 2.5% of the gross admission, which is collected daily at the box office, to be settled and paid by the withholding system. Every foreign circus is obliged to provide to the ASEC, 3% of the gross income obtained from the sale of tickets for each presentation as well as 10% of the total income obtained from the sale to the public within the circus, of banners, caps, t-shirts, balloons, photographs and other kinds of objects. The foreign circus must provide sufficient surety in favor of the ASEC. Any foreign circus entering the country may only work in the city of San Salvador for a period of 15 days, extendable only once for another 15 days and must request the corresponding authorization from the Ministry of the Interior, which upon issuing it must immediately communicate it, before the circus authorized by the ASEC begins its presentation. A foreign circus that has performed in the country may only re-enter after at least one year has elapsed from the date of departure.

Reduction Schedule: None

Sector: Recreational, cultural and sporting services (except audiovisual services).

Subsector: Entertainment services (including theater, bands and orchestras and circuses).

Industrial Classification: CPC 96191. artistic services of theatrical producers, theater troupes, theater singers, bands and orchestras. CPC 96192 - Services provided by authors, composers, sculptors, entertainers and other artists on an individual basis CPC 96194 - Circus, amusement park and other similar amusement services. CPC 96199. Other entertainment services n.e.c.

Type of Reservation: National Treatment (Article 10-04) Performance requirements (Article 14-07)

Level of Govemment: National

Measures: Decree of provisions to regulate the exploitation of works of an intellectual nature by means of public communication and the participation of Salvadoran artists in public shows. Legislative Decree No. 239, dated June 9, 1983, published in Official Gazette No. 111, Volume 279, dated June 15, 1983. Decree No. 18, Substitution of Articles 1 and 4 of Legislative Decree No. 239, dated June 9, 1983, published in the Official Gazette No. 7, Volume 282, dated January 10, 1984.

Description: Cross Border Services and Investment

In the case of public shows with the live participation of artists of any genre, the participation of nationals shall be 20% of the foreigners performing therein.

Reduction Schedule: None

Sector: Transportation services

Subsector: Maritime transport services

Industrial Classification: CPC 7211. Passenger Transportation CPC 7212. Freight transportation CPC 7213. Boat rental with crew CPC 7214. Towing and towing services. CPC 745. Support services related to maritime transportation.

Type of Reservation: National treatment (Article 10- 04) Local presence (Article 10- 05).

Level of Govemment: National

Measures: Navigation and Marine Law, Articles 10, 19, 20, 26, 27 and 32. Marine Regulatory Law, Articles 87, 89, 93, 94, 97, 97, 114, 128 and 129

Description: Cross-border services

Navigation and cabotage trade between ports of the Republic are reserved for vessels flying the national flag, but not between Central American ports; but may also be exercised by foreign vessels subject to the same conditions imposed on those flying the national flag, being subject in all respects to the laws and regulations of the Republic. In order to be considered as national, the vessels must fulfill the following conditions and requirements: a) be registered; b) use the national flag; c) be commanded by national or nationalized captains or patrons; d) have in their crew not less than 80% of Salvadoran seamen. The owner of a vessel who wishes to register it, must be a resident of the Republic.

The sailors who do not belong to any crew of traffic vessels and the loading laborers who form the guild, shall be in charge of the disembarkation and transshipment of foreign or national products, artifacts or merchandise in the authorized ports of the Republic.

Reduction Schedule: None

Sector: Air transport services 

Subsector: Specialized air services

Industrial Classification:

Type of Reservation: National treatment (Article 10-04) Most favored nation treatment (Article 10-03).

Level of Govemment: National

Measures: Civil Aeronautics Law, Articles 60, 71 and 72.

Description: Cross-border services

Authorization is required to develop specialized air services; when these are of a permanent nature, an operating permit is required. These are subject to economic necessity tests, reciprocity and national air policy.

Reduction Schedule: None

Sector: Air transport services

Subsector: Support services related to air transportation

Industrial Classification: CPC 746. Services auxiliary to air transport. CPC 8868. Maintenance (aircraft repair and maintenance services during the period in which an aircraft is removed from service). - Pilots, co-pilots

Type of Reservation: National Treatment (Article 10-04) Most-Favored-Nation Treatment (Article 10-03)

Level of Govemment: National

Measures: Civil Aeronautics Law, Articles 22, 23 and 115.

Description: Cross-border services

The validation or recognition of licenses, certificates and authorizations issued by foreign aeronautical authorities for aeronautical technical personnel on board aircraft or on the ground will be carried out based on the principles of reciprocity.

Companies that have their bases of operations in El Salvador must operate their aircraft with pilots in command and co-pilots of Salvadoran nationality; foreign pilots may be hired, provided there Is reciprocity and they comply with the requirements established by the legislation in force.

Companies that at the date of establishing their bases of operations in El Salvador are operating with foreigners as pilots in command and co- pilots, may continue using their services as long as they meet the legal requirements for the granting of their licenses.

Reduction Schedule: None

Section B.

Annex I List of El Salvador Section B

Sector: Business services

Subsector: Professional services

Industrial Classification: CPC 862. accounting, auditing and bookkeeping services. CPC 86302. Corporate tax preparation and review services

Type of Reservation: National Treatment (Article 14-04) Performance requirements (Article 14-07) Senior Management and Boards of Directors (Article 14- 08)

Level of Govemment: National

Measures in force: Code of Commerce

Description: Investment

El Salvador reserves the right to adopt or maintain any measure with respect to investment in accounting, auditing and bookkeeping services as well as corporate tax preparation and review services.

Deadline: 2 years from the entry into force of this treaty.

Sector: Construction services

Subsector: Construction work

Industrial Classification: CPC 511. pre-construction work on building sites and construction CPC 512. Construction of buildings CPC 513. General construction work on civil engineering works CPC 514. Assembly and installation of prefabricated buildings CPC 515. Specialized construction work CPC 516. Installation work CPC 517. Finishing work on buildings

Type of Reservation: National Treatment (Article 14-04) Performance requirements (Article 14-07) Senior Management and Boards of Directors (Article 14- 08)

Level of Govemment: National

Measures in force: 

Description: Investment

El Salvador reserves the right to adopt or maintain any measure with respect to the investment related to the construction works listed in the industrial classification element.

Deadline: 2 years from the entry into force of this treaty.

Sector: Transportation services

Subsector: Road transport services

Industrial Classification: CPC 7121. Other regular passenger transportation CPC 7122. Other non-scheduled passenger transportation CPC 7123. Freight transportation CPC 7124. Commercial vehicle rental with driver CPC 7441. Bus station services

Type of Reservation: National Treatment (Article 14-04) Performance requirements (Article 14-07) Senior Management and Boards of Directors (Article 14- 08)

Level of Govemment: National

Measures in force:

Description: Investment

El Salvador reserves the right to adopt or maintain any measure with respect to investment in the land transportation services subsector, limited to other scheduled passenger transportation, other non- scheduled passenger transportation, freight transportation, commercial vehicle rental with driver, and bus station services. 

Deadline: 2 years from the entry into force of this treaty.

Annex I. Schedule of Guatemala

Sector: All sectors

Subsector:

Industrial Classification:

Type of Reservation: National Treatment (Article 14-04)

Level of Govemment: National

Measures: Decree No. 118-96 amending Decrees No. 38-71 and 48-72, Articles 1 and 2.

Description:  Investment

They may only be beneficiaries of national lands, in the Department of Petén, by means of adjudication in property, lease or usufruct, the Guatemalans of origin, who are not owners of rustic real estate in any part of the national territory larger than 45 hectares and/or of industrial, mining or commercial enterprises that allow them the necessary means for their own subsistence and that of their families. Legal entities whose capital stock is 100% owned by persons who meet the requirements listed in the preceding paragraph may also be beneficiaries of land allotments in the Department of Petén.

Reduction Schedule: None

Sector: All sectors

Subsector: 

Industrial Classification:

Type of Reservation: National Treatment (Article 14-04)

Level of Govemment: National

Measures: Supplementary Titling Law, Decree 49-79, Article 2.

Description: Investment

Only natural Guatemalans may obtain supplementary title to real estate; in the case of juridical persons, these must be composed of a majority or totally of Guatemalans, a circumstance that must be proven when making the respective request.

Reduction Schedule: None

Sector: All sectors

Subsector:  

Industrial Classification:

Type of Reservation: National Treatment (Article 14-04)

Level of Govemment: National

Measures: Political Constitution of the Republic of Guatemala, Article 122.

Description: Investment

Foreigners need authorization from the Executive, to acquire in property, real estate located in urban areas and property on which there are rights registered in the General Register of Property, prior to March 1, 1956, located in: a) A three-kilometer strip of land along the oceans; b) 200 meters around the shores of the lakes; c) 100 meters on each side of the banks of navigable rivers; and d) 50 meters around fountains and springs that supply water to the population. 

Reduction Schedule: None

Sector: All sectors

Subsector:

Industrial Classification:

Type of Reservation: National Treatment (Article 14-04)

Level of Govemment: National 

Measures: Political Constitution of the Republic of Guatemala, Article 123. Ley Reguladora de las Areas de Reservas Territoriales del Estado de Guatemala, Decree 126-97, Article 5.

Description: Investment

Only Guatemalans of origin, or corporations whose partners have the same status, may be owners or possessors of real estate located in the 15 kilometers wide strip along the borders, measured from the dividing line. Urban properties and rights registered prior to March 1, 1956 are exempted.

The State may lease real estate located within the territorial reserve areas of the State to natural or juridical persons; in the case of the latter that are legally constituted in Guatemala.

Reduction Schedule: None

Sector: All sectors

Subsector:

Industrial Classification: 

Type of Reservation: National Treatment (Article 14-04)

Level of Govemment: National

Measures: Commercial Code, Decree 2-70 and its amendments, contained in Decree 62-95, Article 215.

Description: Investment

In order for a company legally incorporated under foreign laws (foreign company) to establish itself in the country or have branches or agencies therein, it must constitute an assigned capital for its operations in the Republic and a bond in favor of third parties for a reasonable amount, not less than the equivalent in Quetzals of 50 thousand United States dollars, which shall be fixed by the Commercial Registry, which must remain in force during all the time that such company operates in the country.

Reduction Schedule: None

Sector: Forestry

Subsector:

Industrial Classification: CPC. 31 Timber extraction CPC. 88140 Services related to agriculture and timber extraction.

Type of Reservation: National Treatment (Article 14-04)

Level of Govemment: National

Measures: Political Constitution of the Republic of Guatemala, Article 126.

Description: investment The exploitation of all forest resources and their renewal shall correspond exclusively to Guatemalan persons, individuals or legal entities.

Reduction Schedule: None

Sector: Business services

Subsector: Professional services

Industrial Classification: CPC. 861 Legal Services (applies only to Notaries)

  • Chapter   I INITIAL PROVISIONS 1
  • Article   1-01 Establishment of the Free Trade Zone. 1
  • Article   1-02 Objectives 1
  • Article   1-03 Relationship with other Treaties and International Agreements 1
  • Article   1-04 Scope of Application 1
  • Article   1-05 Compliance with the Treaty. 1
  • Article   1-06 Succession of Treaties. 1
  • Article   1-07 Annexes. 1
  • Chapter   II GENERAL DEFINITIONS 1
  • Article   2-01 Definitions of General Application 1
  • Annex 2-01  Country- Specific Definitions 1
  • Chapter   III NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS 1
  • Article   3-01 Definitions 1
  • Article   3-02 Scope of Application. 1
  • Article   3-03 National Treatment 1
  • Article   3-04 Tariff Relief 1
  • Article   3-05 Duty Drawback Programs on Exported Goods, Duty Deferral Programs and Duty Exemption Programs Applied to Exported Goods. 1
  • Article   3-06 Temporary Importation of Goods. 1
  • Article   3-07 Importation Free of Customs Duty for Samples of No Commercial Value 2
  • Article   3-08 Customs Valuation 2
  • Article   3-09 Import and Export Restrictions. 2
  • Article   3-10 Registration of Importers 2
  • Article   3-11 Customs Measures. 2
  • Article   3-12 Establishment of Specific Customs. 2
  • Article   3-13 Customs Processing Fees 2
  • Article   3-14 Export Taxes 2
  • Article   3-15 Country of Origin Marking 2
  • Article   3-16 Distinctive Products 2
  • Article   3-17 Publication and Notification 2
  • Article   3-18 Committee on Trade In Goods 2
  • Article   3-19 Temporary Flexibility Levels 2
  • Chapter   IV AGRICULTURAL SECTOR 2
  • Article   4-01 Definitions 2
  • Article   4-02 Scope of Application 2
  • Article   4-03 International Obligations 2
  • Article   4-04 Access to Markets 2
  • Article   4-05 Non-Tariff Measures 2
  • Article   4-06 Internal Aid 2
  • Article   4-07 Domestic Food Aid 2
  • Article   4-08 Export Subsidies 2
  • Article   4-09 Special Agricultural Safeguard 2
  • Article   4-10 Agricultural Trade Committee 2
  • Article   4-11 Sugar Trade. 2
  • Chapter   V SANITARY AND PHYTOSANITARY MEASURES 2
  • Article   5-01 Definitions 3
  • Article   5-02 Scope of Application 3
  • Article   5-03 Rights and Obligations 3
  • Article   5-04 International Standards and Harmonization. 3
  • Article   5-05 Equivalence 3
  • Article   5-06 Risk Assessment and Adequate Level of Sanitary and Phytosanitary Protection. 3
  • Article   5-07 Recognition of Pest or Disease Free Areas and Areas of Low Pest or Disease Prevalence 3
  • Article   5-08 Control, Inspection and Approval Procedures. 3
  • Article   5-09 Transparency. 3
  • Article   5-10 Committee on Sanitary and Phytosanitary Measures. 3
  • Article   5-11 Technical Working Groups. 3
  • Article   5-12 Technical Cooperation. 3
  • Article   5-13 Technical Consultations. 3
  • Article   5-14 Settlement of Disputes. 3
  • Chapter   Vi RULES OF ORIGIN 3
  • Article   6-01 Definitions. 3
  • Article   6-02 Instruments of Application and Interpretation 4
  • Article   6-03 Originating Goods. 4
  • Article   6 Value of Regional Content. 4
  • Article   6-05 Value of Materials 4
  • Article   6-06 De Minimis. 4
  • Article   6-07 Intermediate Materials. 4
  • Article   6-08 Accumulation. 4
  • Article   6-09 Expendable Property and Materials. 4
  • Article   6-10 Sets or Assortment 4
  • Article   6-11 Indirect Materials. 4
  • Article   6-12 Accessories, Spare or Replacement Parts and Tools. 4
  • Article   6-13 Packaging and Packaging Materials for Retail Sale. 4
  • Article   6-14 Containers and Packing Materials for Shipment. 4
  • Article   6-15 Automotive Industry Goods. 4
  • Article   6-16 Non-origin Conferring Transactions and Practices. 4
  • Article   6-17 Transshipment and Direct Shipment. 5
  • Article   6-18 Determination of the Origin of Goods 5
  • Article   6-19 Regional Input Integration Committee. 5
  • Article   6-20 Functions of the CIRI 5
  • Article   6-21 Procedure 5
  • Article   6-22 Deadlines, Opinion and Notification of CIRI. 5
  • Article   6-23 Resolution of the Commission. 5
  • Article   6-24 Referral to the Commission 5
  • Article   6-25 Operating Regulations. 5
  • Article   6-26 Rules of Origin Applicable to Flexibility Levels Temporary. 5
  • Chapter   VII CUSTOMS PROCEDURES FOR HANDLING THE ORIGIN OF GOODS 5
  • Article   7-01 Definitions 5
  • Article   7-02 Declaration and Certification of Origin. 5
  • Article   7-03 Bligations with Respect to Imports. 5
  • Article   7-04 Obligations with Respect to Exports. 5
  • Article   7-05 Exceptions 5
  • Article   7-06 Accounting Records. 5
  • Article   7-07 Procedures to Verify Origin. 5
  • Article   7.08 Confidentiality 6
  • Article   7-09 Sanctions 6
  • Article   7-10 Anticipated Criteria. 6
  • Article   7-11 Review and Challenge. 6
  • Article   7-12 Committee of Origin 6
  • Chapter   VIII SAFEGUARD MEASURES 6
  • Article   8-01 Definitions. 6
  • Article   8-02 General Provisions. 6
  • Article   8-03 Bilateral Safeguard Measures. 6
  • Article   8-04 Global Safeguard Measures. 6
  • Article   8-05 Procedure. 6
  • Chapter   IX UNFAIR INTERNATIONAL TRADE PRACTICES 6
  • Article   9-01 Definitions. 6
  • Article   9-02 General Principle. 7
  • Article   9-03 Grants. 7
  • Article   9-04 Principles for the Application of National Legislation. 7
  • Article   9-05 Publication of Resolutions. 7
  • Article   9-06 Withdrawal of the Investigation. 7
  • Article   9-07 Notifications. 7
  • Article   9-08 Minimum Content of Resolutions. 7
  • Article   9-09 Notification to the Exporting Govemment. 7
  • Article   9-10 Conciliation Hearing. 7
  • Article   9 Preliminary Resolution. 7
  • Article   9-12 Guarantees. 7
  • Article   9-13 Clarifications. 7
  • Article   9-14 Sending Copies. 7
  • Article   9-15 Technical Information Meetings. 7
  • Article   9-16 Public Hearing. 7
  • Article   9-17 Access to Confidential Information. 7
  • Article   9-18 Access to Information Contained In other Files. 7
  • Article   9-19 Rights and Obligations of Interested Parties. 7
  • Article   9-20 Reforms to National Legislation. 7
  • Chapter   X CROSS-BORDER TRADE IN SERVICES 7
  • Article   10-01 Definitions. 7
  • Article   10-02 Scope of Application and Extent of Obligations. 7
  • Article   10-03 Most- Favored-Nation Treatment. 7
  • Article   10-04 National Treatment. 7
  • Article   10-05 Local Presence. 7
  • Article   10-06 Reservations and Exceptions. 7
  • Article   10-07 Transparency. 7
  • Article   10-08 Non-discriminatory Quantitative Restrictions. 7
  • Article   10-09 Future Liberalization. 7
  • Article   10-10 Committee on Cross-Border Trade In Services and Investment. 7
  • Article   10-11 Procedures. 7
  • Article   10-12 Granting of Permits, Authorizations and Licenses. 8
  • Article   10-13 Denial of Benefits. 8
  • Article   10-14 Technical Cooperation. 8
  • Article   10-15 Other Disciplines. 8
  • Article   10-16 Relationship with Multilateral Agreements on Services. 8
  • Annex 10-10  Cross-Border Trade in Services and Investment Committee 8
  • Chapter   XI FINANCIAL SERVICES 8
  • Article   11-01 Definitions. 8
  • Article   11-02 Scope of Application and Extent of Obligations. 8
  • Article   11-03 Self-regulated Organizations. 8
  • Article   11-04 Right of Establishment. 8
  • Article   11-05 Cross Border Trade. 8
  • Article   11-06 National Treatment. 8
  • Article   11-07 Most Favored Nation Treatment. 8
  • Article   11-08 Recognition and Harmonization. 8
  • Article   11-09 Exceptions. 8
  • Article   11-10 Transparency. 8
  • Article   11-11 Financial Services Committee. 8
  • Article   11-12 Consultations. 8
  • Article   11-13 New Financial Services and Data Processing. 8
  • Article   11-14 Senior Management and Boards of Directors. 8
  • Article   11-15 Reservations and Specific Commitments. 8
  • Article   11-16 Denial of Benefits. 8
  • Article   11-17 Transfers. 8
  • Article   11-19 Dispute Settlement between a Party and an Investor of Another Party. 9
  • Annex 11-01  Competent Authority 9
  • Chapter   XII TELECOMMUNICATIONS 9
  • Article   12-01 Definitions. 9
  • Article   12-02 Scope of Application and Extent of Obligations. 9
  • Article   12-03 Access to and Use of Public Telecommunications Networks and Services. 9
  • Article   12-04 Conditions for the Provision of Enhanced or Value-added Services. 9
  • Article   12-05 Measures Relating to Standardization. 9
  • Article   12-06 Anti-competitive Practices. 9
  • Article   12-07 Relationship with International Organizations and Agreements. 9
  • Article   12-08 Technical Cooperation and other Consultations. 9
  • Article   12-09 Transparency. 9
  • Article   12-10 Relationship with other Chapters. 9
  • Chapter   XIII TEMPORARY ENTRY OF BUSINESS PEOPLE 9
  • Article   13-01 Definitions. 9
  • Article   13-02 General Principles. 9
  • Article   13-03 General Obligations. 9
  • Article   13-04 Temporary Entry Authorization. 9
  • Article   13-05 Availability of Information. 9
  • Article   13-06 Committee on Temporary Entry of Business Persons. 9
  • Appendix 2 to Annex 13-04  Migratory Measures in Force 10
  • Chapter   XIV INVESTMENT 10
  • Section   A Investment 10
  • Article   14-01 Definitions. 10
  • Article   14-02 Scope of Application and Extent of Obligations. 10
  • Article   14-03 Minimum Standard of Treatment. 10
  • Article   14-04 National Treatment. 10
  • Article   14-05 Most Favored Nation Treatment. 10
  • Article   14-06 Treatment In Case of Loss. 10
  • Article   14-07 Performance Requirements. 10
  • Article   14-08 Senior Corporate Management and Boards of Directors. 10
  • Article   14-09 Reservations and Exceptions. 10
  • Article   14-10 Transfers. 10
  • Article   14-11 Expropriation and Compensation. 10
  • Article   14-12 Special Formalities and Information Requirements. 11
  • Article   14-13 Relationship with other Chapters. 11
  • Article   14-14 Denial of Benefits. 11
  • Article   14-15 Extraterritorial Application of a Party's Law. 11
  • Article   14.16 Measures Relating to the Environment. 11
  • Article   14-17 Investment Promotion and Exchange of Information. 11
  • Section   B Dispute Settlement between a Party and an Investor of Another Party. 11
  • Article   14-18 Objective. 11
  • Article   14-19 Claim by Investor of a Party, on Its Own Account or on Behalf of an Enterprise. 11
  • Article   14-20 Settlement of Disputes Through Consultations and Negotiations. 11
  • Article   14-21 Notice of Intention to Submit Claim to Arbitration. 11
  • Article   14-22 Submission of the Claim to Arbitration. 11
  • Article   14-23 Conditions Precedent to the Submission of a Claim to Arbitration. 11
  • Article   14-24 Consent to Arbitration. 11
  • Article   14-25 Number of Arbitrators and Method of Appointment. 11
  • Article   14-26 Integration of the Tribunal In the Event That a Disputing Party Fails to Appoint an Arbitrator or Fails to Reach Agreement on the Appointment of the Presiding Arbitrator. 11
  • Article   14-27 List of Arbitrators. 11
  • Article   14-28 Consent to the Appointment of Arbitrators. 11
  • Article   14-29 Consolidation of Proceedings. 11
  • Article   14-30 Notifications 11
  • Article   14-31 Participation of a Party. 11
  • Article   14-32 Documentation. 11
  • Article   14-33 Place of Arbitration Proceedings. 11
  • Article   14-34 Applicable Law. 11
  • Article   14-35 Interpretation of Annexes. 11
  • Article   14-36 Expert Opinions. 11
  • Article   14-37 Provisional or Precautionary Measures. 11
  • Article   14-38 Final Award. 11
  • Article   14-39 Finality and Enforcement of the Award. 11
  • Article   14-40 General Provisions. 12
  • Article   14-41 Exclusions. 12
  • Article   14-42 Subrogation. 12
  • Annex 14-11  Public Utility 12
  • Annex 14-40(2)  Delivery of Notices and other Documents 12
  • Annex 14-41  Exclusions 12
  • Chapter   XV MEASURES RELATING TO STANDARDIZATION 12
  • Article   15-01 Definitions. 12
  • Article   15-02 Scope of Application. 12
  • Article   15-03 Confirmation of International Rights and Obligations. 12
  • Article   15-04 Extension of Obligations. 12
  • Article   15-05 Principal Rights and Obligations. 12
  • Article   15-06 Use of International Standards. 12
  • Article   15-07 Risk Assessment. 12
  • Article   15-08 Compatibility and Equivalence. 12
  • Article   15-09 Conformity Assessment. 12
  • Article   15-10 Approval Procedures. 12
  • Article   15-11 Metrological Standards. 12
  • Article   15-12 Notification, Publication and Delivery of Information. 12
  • Article   15-13 Information Centers. 12
  • Article   15-14 Committee on Measures Relating to Standardization. 13
  • Article   15-15 Labeling, Packaging and Packing Subcommittee. 13
  • Article   15-16 Approval Procedures Subcommittee. 13
  • Article   15-17 Subcommittee on Telecommunication Standardization Measures 13
  • Article   15-18 Technical Consultations. 13
  • Article   15-19 Handling of Hazardous Substances and Hazardous Wastes. 13
  • Article   15-20 Technical Cooperation. 13
  • Chapter   XVI INTELLECTUAL PROPERTY 13
  • Section   A General Provisions and Basic Principles 13
  • Article   16-01 Definitions. 13
  • Article   16-02 Protection of Intellectual Property Rights. 13
  • Article   16-03 Provisions on the Subject Matter. 13
  • Article   16-04 National Treatment. 13
  • Article   16-05 Exceptions. 13
  • Article   16-06 Most Favored Nation Treatment. 13
  • Article   16-07 Control of Abusive or Anticompetitive Practices and Conditions. 13
  • Article   16-08 Cooperation to Eliminate Trade In Infringing Goods. 13
  • Section   B Copyright and Related Rights 13
  • Article   16-09 Protection of Copyright and Related Rights. 13
  • Article   16-10 Performers. 13
  • Article   16-11 Producers of Phonograms. 13
  • Article   16-12 Broadcasting Organizations. 13
  • Article   16-13 Protection of Encrypted Program-carrying Satellite Signals. 13
  • Article   16-14 Term of Protection of Related Rights. 13
  • Article   16-15 Limitations or Exceptions to Related Rights.  13
  • Section   C Trademarks 13
  • Article   16-16 Subject Matter of Protection. 13
  • Article   16-17 Publication. 14
  • Article   16-18 Rights Conferred. 14
  • Article   16-19 Well-known Trademarks. 14
  • Article   16-20 Exceptions. 14
  • Article   16-21 Duration of Protection. 14
  • Article   16-22 Requirement of Use. 14
  • Article   16-23 Other Requirements. 14
  • Article   16-24 Licenses and Assignment of Trademarks. 14
  • Section   D Patents 14
  • Article   16-25 Patentable Subject Matter. 14
  • Article   16-26 Rights Conferred. 14
  • Article   16-27 Conditions Imposed on Patent Applicants. 14
  • Article   16-28 Exceptions. 14
  • Article   16-29 Other Uses without Authorization of the Right Holder. 14
  • Article   16-30 Revocation or Cancellation. 14
  • Article   16-31 Evidence In Cases of Infringement of Patented Processes. 14
  • Article   16-32 Duration of Protection. 14
  • Section   E Utility Models 14
  • Article   16-33 Protection of Utility Models. 14
  • Section   F Industrial Designs 14
  • Article   16-34 Conditions and Duration of Protection. 14
  • Article   16-35 Rights Conferred. 14
  • Section   G Undisclosed Information 14
  • Article   16-36 Protection of Undisclosed Information. 14
  • Article   16-37 Data Protection of Pharmaceutical or Agrochemical Goods. 14
  • Section   H Geographical Indications and Appellations of Origin 14
  • Article   16-38 Protection of Geographical Indications and Appellations of Origin. 14
  • Section   I Enforcement of Intellectual Property Rights Article 14
  • Article   16-39 General Obligations. 14
  • Article   16-40 Fair and Equitable Procedures. 14
  • Article   16-41 Tests. 14
  • Article   16-42 Injunctions. 14
  • Article   16-43 Damages. 14
  • Article   16-44 Other Resources. 14
  • Article   16-45 Right to Information. 14
  • Article   16-46 Indemnification to the Defendant. 14
  • Article   16-47 Administrative Procedures. 14
  • Article   16-48 Precautionary Measures. 14
  • Article   16-49 Suspension of Customs Clearance by Customs Authorities. 14
  • Article   16-50 Demand. 14
  • Article   16-51 Bond or Equivalent Guarantee. 14
  • Article   16-52 Notification of Suspension. 14
  • Article   16-53 Duration of Suspension. 14
  • Article   16-54 Indemnification to the Importer and the Owner of the Goods. 15
  • Article   16-55 Right of Inspection and Information. 15
  • Article   16-56 Ex Officio Action. 15
  • Article   16-57 Resources. 15
  • Article   16-58 Insignificant Imports. 15
  • Article   16-59 Criminal Proceedings. 15
  • Chapter   XVII TRANSPARENCY 15
  • Article   17-01 Information Center. 15
  • Article   17-02 Publication. 15
  • Article   17-03 Notification and Provision of Information. 15
  • Article   17-04 Guarantees of Hearing, Legality and Due Process. 15
  • Chapter   XVIII TREATY ADMINISTRATION 15
  • Article   18-01 Administrative Commission. 15
  • Article   18-02 Administrative Subcommittee. 15
  • Article   18-03 Secretariat. 15
  • Annex 18-01  Officers of the Administrative Commission 15
  • Annex 18-02(1)  Officers of the Administrative Subcommittee 15
  • Annex 18-02(2)  Committees and Subcommittees 15
  • Chapter   XIX SETTLEMENT OF DISPUTES 15
  • Article   19-01 Cooperation. 15
  • Article   19-02 Scope of Application. 15
  • Article   19-03 Dispute Settlement Under the WTO Agreement. 15
  • Article   19-04 Perishable Goods. 15
  • Article   19-05 Consultations. 15
  • Article   19-06 Intervention of the Commission, Good Offices, Conciliation and Mediation. 15
  • Article   19-07 Request for the Establishment of the Arbitral Tribunal. 15
  • Article   19-08 List and Qualifications of Arbitrators. 15
  • Article   19-09 Integration of the Arbitral Tribunal. 15
  • Article   19-10 Model Rules of Procedure. 16
  • Article   19-11 Participation of a Third Party. 16
  • Article   19-12 Information and Technical Advice. 16
  • Article   19-13 Preliminary Report. 16
  • Article   19-14 Final Report. 16
  • Article   19-15 Compliance with the Final Report. 16
  • Article   19-16 Suspension of Benefits. 16
  • Article   19-17 Judicial and Administrative Instances. 16
  • Article   19-18 Alternative Means of Dispute Resolution. 16
  • Annex 19-02  Nullification and impairment 16
  • Annex 19-08  CODE OF CONDUCT 16
  • Section   A Responsibilities with Respect to the Dispute Resolution System. 16
  • Section   B Reporting Obligations. 16
  • Section   C Performance of Duties of Nominees and Members. 16
  • Section   D Independence and Impartiality of Members. 16
  • Section   E Specific Obligations. 16
  • Section   F Confidentiality. 16
  • Section   G Responsibilities of Attendees and Staff. 16
  • Annex 19-10  MODEL RULES OF PROCEDURE 16
  • Chapter   XX EXCEPTIONS 17
  • Article   20-01 Definitions. 17
  • Article   20-02 General Exceptions. 17
  • Article   20-03 National Security. 17
  • Article   20-04 Exceptions to Disclosure of Information. 17
  • Article   20-05 Taxation. 17
  • Article   20-06 Balance of Payments and Safeguard. 17
  • Annex 20-05  Competent Authority 17
  • Chapter   XXI FINAL PROVISIONS 17
  • Article   21-01 Validity. 17
  • Article   21-02 Future Negotiations. 17
  • Article   21-03 Reservations. 17
  • Article   21-04 Modifications. 17
  • Article   21-05 Accession. 17
  • Article   21-06 Denunciation 17
  • Article   21-07 Transitory Provisions. 17
  • Annex I 17
  • Annex I  Schedule of El Salvador 18
  • Section   A 18
  • Section   B 19
  • Annex I  Schedule of Guatemala 19
  • Annex I  Schedule of Honduras 20
  • Annex I  Schedule of Mexico 23
  • Chapter   Chapter Il. 32
  • Annex II 35
  • Annex II  Schedule of El Salvador 35
  • Annex II   Schedule of Guatemala 36
  • Annex II   Schedule of Honduras 36
  • Annex II   Schedule of Mexico 38
  • Annex III 38
  • Section   A Economic Activities Reserved to Each Party 38
  • Annex III  Schedule of El Salvador 38
  • Annex III  Schedule of Guatemala 38
  • Annex III  Schedule of Honduras 38
  • Annex III  Schedule of Mexico 38
  • Section   B Activities Previously Reserved for the Mexican State. Schedule Ofof Mexico 39
  • Annex IV  Schedule of El Salvador 39
  • Annex IV  Schedule of Guatemala 39
  • Annex IV   Schedule of Honduras 39
  • Annex IV  Schedule of Mexico 39