Mexico - Northern Triangle FTA (2000)
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a) the good is imported only for the purpose of lifting orders for goods or services to be supplied from the territory of another Party or from a non-Party;

b) the property is not sold, leased or otherwise disposed of, and is used only for demonstration or exhibition while it remains in its territory;

c) the good is accompanied by a bond or guarantee not exceeding 110% of the charges that would otherwise be due for entry or final importation, or other form of security, refundable at the time of exportation of the good, except that no bond or guarantee may be required for customs duties on an originating good;

d) the good is capable of identification by any reasonable means established by the customs legislation of each Party;

e) the good is re-exported within a period of time that reasonably corresponds to the purpose of the temporary importation, in accordance with the time limits established by the customs legislation of each Party;

f) the good is imported in quantities no greater than is reasonable in accordance with its intended use and in accordance with the customs legislation of each Party;

g) the good does not undergo any transformation or modification during the authorized import period, except for wear and tear due to normal use of the good; and

h) the good complies with the applicable sanitary and phytosanitary measures and standardization measures, in accordance with the provisions of Chapters V and XV, respectively.

4. Where a good is imported temporarily and does not comply with any of the conditions that a Party imposes pursuant to paragraphs 2 and 3, that Party may apply the customs duties and any other charges that would be due on the entry or final importation of the good.

Article 3-07. Importation Free of Customs Duty for Samples of No Commercial Value

Each Party shall authorize the importation free of customs duty of samples of no commercial value from the territory of another Party.

Article 3-08. Customs Valuation

1. Upon entry into force of this treaty, the customs value of an imported good shall be determined in accordance with the principles of the Customs Valuation Code.

2. Pursuant to Article 13 of the Customs Valuation Code, if in the course of determining the customs value of imported goods it becomes necessary to delay the final determination of that value, the importer may remove the goods from customs if, when required to do so, he provides a deposit or other form of security as provided for in the legislation of the Party. Such form of security shall cover the payment of the taxes to which the goods would ultimately be subject.

3. Each Party shall establish the appropriate documentation to demonstrate that the customs value is correct, which shall not be greater than that which may reasonably be required to comply with Article VII of the GATT 1994.

4. When a Party uses or applies estimated prices, it shall establish mechanisms for exemption from the application of the provisions of paragraphs 2 and 3. 5. Before a Party adopts or modifies the estimated price referred to in this Article, it shall communicate to the other Parties the description of the good, its tariff item and the estimated price it intends to establish.

6. The Parties shall consult with each other to ensure that the foregoing does not hinder trade.

7. The Parties understand that the estimated price referred to in paragraph 4 shall serve only as a reference for valuation purposes, and may not be considered as a base price for the determination of internal taxes of each Party or for the application of customs duties or tariffs.

Article 3-09. Import and Export Restrictions.

1. Except as otherwise provided in this Agreement, no Party may adopt or maintain any prohibition or restriction on the importation of any good of another Party or on the exportation or sale for export of any good destined for the territory of another Party, except as provided in Article XI of the GATT 1994, including its interpretative notes. For this purpose, Article XI of the GATT 1994 and its interpretative notes are incorporated into and made an integral part of this Agreement.

2. The Parties understand that the rights and obligations of the GATT 1994 embodied in paragraph 1 prohibit export price requirements and, except as permitted for the application of countervailing duty orders and undertakings, import price requirements.

3. The Parties understand that the rights and obligations embodied in paragraph 1 prohibit, inter alia, but not limited to:

a) quantitative restrictions on imports, in accordance with the parameters of paragraph 1;

b) prices or minimum values;

c) voluntary export restraints when they do not result from an agreement consistent with the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, which is part of the WTO Agreement;

d) the granting of import licenses on the condition that the importer purchases domestic production;

e) the granting of import licenses on the condition that the importer exports; and

f) the granting of import licenses on the condition that the good to be imported includes a certain percentage of content from the importing Party.

4. In cases where a Party adopts or maintains a prohibition or restriction on the importation or exportation of goods from or to a non-Party, nothing in this treaty shall be construed to prevent it:

a) limit or prohibit the importation of the goods of the non-Party from the territory of another Party; or

b) require as a condition for the exportation of such goods from the Party to the territory of another Party, that the goods are not re-exported to the non-Party, directly or indirectly, without being consumed in the territory of another Party.

5. In the event that a Party adopts or maintains a prohibition or restriction on the importation of a good from a non-Party, at the request of either Party, the Parties shall consult with a view to avoiding undue interference or distortion in the pricing, marketing and distribution mechanisms in another Party.

6. Paragraphs 1 to 4 do not apply to the measures set forth in Annex 3 -03 and 3-09.

Article 3-10. Registration of Importers

If, as a result of the application and administration of an importers registry, a Party considers that the access of a good of that Party to the territory of the Party applying the measure is hindered or prevented, both Parties shall consult with a view to reaching a mutually satisfactory solution.

Article 3-11. Customs Measures.

Each Party shall ensure that the application, administration and publication of customs measures is in accordance with the provisions of this Agreement, its legislation and the WTO Agreement.

Article 3-12. Establishment of Specific Customs.

1. When a Party contemplates the establishment of limitations on the customs clearance of certain types of goods to specific customs offices, it shall consult with the other Parties to prevent such limitations from affecting its interests under this treaty.

2. The Party that establishes such limitations shall allow the entry of the goods into its territory, through any of the legally established border posts, in order for the goods to reach the specific customs office for the respective clearance, provided that they comply with the corresponding customs formalities.

Article 3-13. Customs Processing Fees

No Party shall increase or establish any customs duties for the service rendered by customs and shall eliminate such duties on originating goods upon the entry into force of this Agreement.

Article 3-14. Export Taxes

1. Except as provided in this Article and Annex 3-14, no Party shall adopt or maintain any tax, customs duty or charge on the export of any good destined for consumption in the territory of another Party, unless such tax, duty or charge is adopted or maintained on such good when destined for domestic consumption.

2. For purposes of this paragraph, "temporarily" means up to one year, or such longer period as the Parties may agree. Notwithstanding paragraph 1, each Party may adopt or maintain a tax, levy or charge on exports to the territory of another Party if such tax, levy or charge is applied temporarily for:

a) to alleviate a critical shortage of a food commodity; or

b) to ensure to a domestic processing industry the supply of indispensable quantities of raw materials during periods when the domestic price is maintained at a level lower than the world price in execution of a governmental stabilization plan, provided that such taxes, levies or charges:

i) The company's activities do not have the effect of increasing the exports of this domestic industry;

ii) do not have the effect of increasing the protection afforded to such domestic industry;

iil) not run counter to the non-discrimination provisions of this treaty; and

iv) be sustained only for the period necessary to maintain the integrity of the stabilization plan.

3. The Parties may hold consultations regarding the application of the provisions of this article, aimed at the application of measures that seek to avoid undesirable effects in the implementation of a domestic food aid program.

Article 3-15. Country of Origin Marking

Annex 3-15 applies to measures related to country of origin marking.

Article 3-16. Distinctive Products

With respect to distinctive products, the Parties shall be subject to the provisions of Annex 3-16.

Article 3-17. Publication and Notification

1. No Party shall apply prior to its official publication any measure of a general nature adopted by that Party that has the effect of increasing a customs duty or other charge on the importation of goods of another Party, or that imposes a new or more burdensome measure, restriction or prohibition on imports, or that establishes or increases non-tariff restrictions and prohibitions on imports of goods of another Party or on transfers of funds relating thereto.

2. Each Party shall identify in terms of the tariff items and nomenclature corresponding to them according to their respective tariffs, the measures, restrictions or prohibitions on the importation or exportation of goods for reasons of national security, public health, preservation of flora or fauna, environment, sanitary and phytosanitary, standards, labels, technical regulations, international commitments, public order requirements or any other regulations.

Article 3-18. Committee on Trade In Goods

1. The Parties establish the Committee on Trade in Goods, composed of a representative and an alternate designated by each Party. The representatives appointed by the Parties shall be officials responsible for handling matters related to this Chapter.

2. The Committee shall be established upon entry into force of the treaty and, at the request of any Party, shall hold its first meeting no later than 60 days after its establishment. The Committee shall meet ordinarily once a year, and extraordinarily at the request of any Party.

3. Except in the case of extraordinary meetings, for ordinary meetings the Committee shall be chaired successively by each Party, with the Party exercising the chairmanship calling the meeting at least 30 days in advance and proposing the agenda of the topics to be discussed. It shall also act as rapporteur.

4. When a Party considers that another Party is contravening the provisions of this Chapter, including the adoption of measures prohibited by paragraph 3 of Article 3 -09, it may request in writing an extraordinary meeting of the Committee, which shall be notified to the other Parties. The request shall contain the specific measure and the provision that the Party considers to be in violation of the treaty. The extraordinary meeting may be held when attended by at least representatives of the requesting Party and the requested Party and shall take place in the country to which the request for consultations was made. The results of the extraordinary meeting shall be without prejudice to, and shall not affect the rights of, any Party that did not participate in such meeting.

5. Unless the Parties agree otherwise, the extraordinary meeting may be considered consultations pursuant to Article 19-05. Likewise, in the event that a Party does not respond within five days from the date on which the request for the extraordinary meeting was received, does not initiate or does not intend to hold the extraordinary meeting within a period of no more than 15 days, or other mutually agreed period, from the date of receipt of the request, such Party may request the meeting of the Commission, in accordance with article 19-06.

Article 3-19. Temporary Flexibility Levels

Notwithstanding the provisions of Article 3-04, preferential tariff treatment shall be granted in accordance with Annex 3-19.

Chapter IV. AGRICULTURAL SECTOR

Article 4-01. Definitions

For the purposes of this Chapter, the following definitions shall apply:

MFN Tariff: the Most Favored Nation tariff;

Agricultural good: a good classified in any of the following Chapters, Headings or Subheadings of the Harmonized System: (Descriptions are provided for reference purposes only.)

Chapter, heading or subheading - Description

Chapters 01 to 24 (except fish and fish products)

Subheading 2905.43 mannitol.

Subheading 2905.44 sorbitol.

Heading 33.01 essential oils.

Headings 35.01 to 35.05 albuminoidal substances, modified starch products, starch products.

subheading 3809.10 dressings and finishing products.

subheading 3824.60 sorbitol n.e.c.

headings 41.01 to 41.03 hides and skins.

heading 43.01 raw furskins.

headings 50.01 to 50.03 raw silk and silk waste.

headings 51.01 to 51.03 wool and fur.

headings 52.01 to 52.03 raw cotton, cotton waste and cotton waste, carded or combed. combed cotton.

heading 53.01 raw flax.

heading 53.02 raw hemp;

quota: the specific volume as quota of imports of a good in a given period, which determines the application of different tariff rates, with the lowest rate (quota tariff) being used until that volume is reached and the highest tariff rate on the over-quota thereafter;

fish and fish products: fish, crustaceans, mollusks or any other aquatic invertebrates, marine mammals and their derivatives, classified in any of the following chapters, headings or subheadings of the Harmonized System: (Descriptions are provided for reference purposes).

Chapter, heading or subheading - Description

chapter 03 fish and crustaceans, mollusks and other aquatic invertebrates.

heading 05.07 ivory, tortoise shell, marine mammals, horns, antlers, hooves, hoofs, claws, nails, antlers, horns, antlers, horns, antlers,

hooves, hoofs, nails, claws and beaks, and products thereof.

heading 05.08 coral and similar products.

heading 05.09 natural sponges of animal origin.

heading 05.11 products of fish or crustaceans, mollusks or any other marine invertebrate; animals of fish or crustaceans, mollusks or other invertebrate marine invertebrates; dead animals of Chapter 03.

heading 15.04 fats, oils and their fractions, of fish or marine mammals.

heading 16.03 extracts and juices other than of meat.

heading 16.04 Prepared or preserved fish.

heading 16.05 Prepared or preserved crustaceans, mollusks or other marine invertebrates.

subheading 2301.20 flours, meals, pellets of fish;

export subsidies: those subsidies or grants which are contingent upon export performance, including those listed in subheading 2301.20.

including those listed in Article 9 of the Agreement on Agriculture, which is part of the WTO Agreement on Agriculture, which is part of the WTO Agreement;

tariff rate for imports under quota: the customs duty payable within the volume negotiated as a quota; and

volume negotiated as quota; and

tariff rate for out-of-quota imports: the tariff rate applied to quantities in excess of the specified quantity.

quantities in excess of the quantity specified in a quota tariff.

Article 4-02. Scope of Application

1. This Chapter applies to measures adopted or maintained by any Party relating to trade in agricultural goods.

2. In case of incompatibility between the provisions of this chapter and any other provision of this treaty, the provisions of this chapter shall prevail to the extent of the incompatibility.

Article 4-03. International Obligations

A Party, before adopting a measure under an intergovernmental agreement on goods pursuant to Article XX(h) of the GATT 1994 that may affect trade in an agricultural good between the Parties, shall consult through the Committee on Agricultural Trade, established under Article 4-10, with another Party to avoid nullifying or impairing a concession granted by that Party in its Schedule to the Tariff Break Schedule.

Article 4-04. Access to Markets

1. Notwithstanding the provisions of Article 4-02 and except as otherwise provided in this Agreement, the Parties shall progressively eliminate their customs duties on originating agricultural goods in accordance with Annex 3 -04(5).

2. The Parties, at the request of any of them, shall hold consultations through the Committee to examine the possibility of accelerating the elimination of customs tariffs provided for in the Tariff Dismantling Program.

3. Once approved by the Parties, in accordance with their legal procedures, the agreement on the accelerated elimination of the customs duty on an originating good reached between the Parties shall prevail over any customs duty or relief category identified under the Tariff Relief Program for that good.

4. Notwithstanding any other provision of this Agreement, with respect to goods excluded from the Tariff Relief Program, any Party may maintain or adopt a prohibition or restriction, or a customs duty on the importation of such goods, in accordance with its rights and obligations under the WTO Agreement.

5. Once a year after the entry into force of this Agreement, the Parties shall examine, through the Committee, the possibility of incorporating into the Tariff Discharge Program the goods excluded from it. The agreements by means of which such goods are incorporated into the Tariff Relief Program shall be adopted by the Parties in accordance with their legal procedures.

Article 4-05. Non-Tariff Measures

Except as otherwise provided in this Agreement, no Party shall adopt or maintain prohibitions or restrictions on the importation and exportation of any agricultural good, or measures of the kind that Article 4.2 of the Agreement on Agriculture, which forms part of the WTO Agreement, are required to be converted into ordinary customs duties, such as minimum import prices or values, discretionary import licensing, quantitative restrictions on imports and similar border measures other than ordinary customs duties, in agricultural trade between the Parties.

Article 4-06. Internal Aid

1. The Parties recognize that domestic support measures can be important for their agricultural sectors, but that they can also distort trade and affect production. In this regard, the Parties shall apply domestic support as provided for in the multilateral agricultural negotiations within the framework of the WTO Agreement, and when a Party decides to support its agricultural producers, it shall endeavor to move towards domestic support measures that:

a) have minimal or no trade or production distorting effects; and b) are in full conformity with the provisions of Annex 2 of the Agreement on Agriculture, which is part of the WTO Agreement.

2. To ensure transparency, the Committee shall review, at least once a year, the status of all domestic support measures in the Parties, as well as any modifications to these measures, seeking to assess compliance with the provisions of paragraph 1.

3. The application of any type of domestic support measures on an agricultural good, to the extent that they cause or threaten to cause injury to the production or trade of the other Party, may be subject to an investigation of unfair international trade practices and, if applicable, to the application of countervailing duties in accordance with Chapter IX.

Article 4-07. Domestic Food Aid

1. A Party that establishes a domestic food aid program, in accordance with paragraph 4 of Annex 2 of the Agreement on Agriculture, which is part of the WTO Agreement, shall ensure, through such instruments as it deems necessary, that the benefits of this program are received only by consumers of that Party.

2. At the request of a Party, consultations shall be held to ensure compliance with paragraph 1.

3. If no agreement is reached, the Parties shall refer to article 4 -06, paragraph 3.

Article 4-08. Export Subsidies

Five years after the entry into force of this Agreement, no Party may maintain or adopt export subsidies on agricultural goods in its reciprocal trade.

Article 4-09. Special Agricultural Safeguard

The Parties, with respect to the special agricultural safeguard, shall be subject to the provisions of Annex 4-09.

Article 4-10. Agricultural Trade Committee

1. The Parties establish the Committee on Agricultural Trade, composed of representatives of each Party, in accordance with Annex 4-10. The term for the integration of the Committee shall not exceed 90 days from the entry into force of this treaty and shall be chaired by a representative of the country hosting the meeting.

2. The Committee may invite representatives of the private or academic sectors and officials of regional and subregional organizations to participate, depending on the topic to be discussed at the meeting.

3. The Committee shall meet ordinarily twice a year and extraordinarily as often as necessary at the request of a Party. The resolutions of the Committee shall be taken by consensus.

4. For ordinary meetings, the host Party shall call the other Parties 30 days in advance, and the latter shall acknowledge receipt thereof. For extraordinary meetings, the time of convocation shall depend on the urgency of the matter to be discussed.

5. The functions of the Committee include:

a) to oversee the compliance, application and correct interpretation of the provisions of this chapter;

b) serve as a forum for the Parties to consult and resolve issues related to this chapter in coordination with the other committees, subcommittees, working groups or any other body established in the treaty;

c) make pertinent recommendations to the Commission on matters within its competence;

d) coordinate the exchange of information on trade in agricultural goods between the Parties;

e) conduct an annual evaluation of trade in agricultural goods between the Parties and submit a report to the Commission;

f) to promote cooperation in the implementation and administration of this chapter, and

g) such other functions as may be entrusted to it by the Commission.

Article 4-11. Sugar Trade.

The Parties agree to establish a Sugar Analysis Committee, in accordance with the Annex to this Agreement.

Chapter V. SANITARY AND PHYTOSANITARY MEASURES

Article 5-01. Definitions

  • 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.Ā  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 IVĀ   Schedule of Honduras 39
  • Annex IV  Schedule of Mexico 39