The Parties reject any unfair international trade practices and recognize the need to eliminate trade- distorting domestic policies.
Article 9-03. Grants.
1. Except as provided in Article 4-08, no Party shall provide subsidies for the export of goods to the territory of another Party.
2. Upon entry into force of this Agreement, each Party shall eliminate all subsidies on the export of goods to the territory of another Party, except those permitted under the WTO Agreement.
3. Where a Party maintains or grants subsidies after the entry into force of this Agreement and these subsidies cause injury to a domestic industry, the affected Party may initiate an investigation.
Article 9-04. Principles for the Application of National Legislation.
1. The investigation, establishment and application of countervailing duties shall be based on national legislation in a manner consistent with the provisions of this Chapter, the provisions and procedures established in Articles VI and XVI of GATT 1994 and the WTO Agreements.
2. In the case of a regional procedure, the Parties shall be governed by the provisions of Annex 9 - 04.
Article 9-05. Publication of Resolutions.
1. The Parties shall publish the initial, preliminary and definitive resolutions in their respective publication organs.
2. The resolutions shall take legal effect as of the day following their publication in the organ of diffusion of each Party.
Article 9-06. Withdrawal of the Investigation.
1. The applicant may at any time withdraw from the investigation.
2. If a request for withdrawal is filed after the initiation of the investigation, the investigating authority shall notify the interested parties, thereby terminating the investigation. Notwithstanding the foregoing, the investigating authority may only continue with the investigation if within a period of 30 days from the notification, the domestic producers that expressly support the continuation of the investigation represent at least 25% of the domestic production.
Article 9-07. Notifications.
1. The Parties shall ensure that, during the investigation, the investigating authority notifies in writing the competent authority of the exporting Party the day after the corresponding resolution takes effect and the interested parties within three days after the resolution takes effect, so that they may present in their defense the arguments and evidence they consider pertinent.
2. With the notification referred to in paragraph 1, a copy of the respective publication of the organ of diffusion of the Party conducting the investigation shall be sent, as well as a copy of the public version of the request for initiation of the investigation and its annexes.
Article 9-08. Minimum Content of Resolutions.
The initial, preliminary or final resolutions shall contain, when applicable, at least the following:
a) name of the complainant;
b) description of the imported good subject to the investigation and its tariff classification;
c) the elements and evidence used for the determination of the possible existence or existence of an unfair international trade practice; and
d) the legal arguments, data, facts or circumstances on which the resolution in question is based and motivated, which are contained in the respective file.
Article 9-09. Notification to the Exporting Govemment.
When the investigating authority considers that there is sufficient evidence to justify the initiation of an investigation relating to unfair international trade practices, it shall notify the competent authority of the other Party. Such notification shall be made prior to the initiation of the investigation and shall at least contain:
a) type of research;
b) applicant's name;
c) description of the good under investigation and its tariff classification; and
d) names of known exporters and importers.
Article 9-10. Conciliation Hearing.
When an investigation is formally initiated and until a final resolution is issued, without interrupting the process, conciliatory hearings may be held ex officio or at the request of an interested party, for the purpose of proposing formulas for the solution of the case. If the parties reach an agreement, it shall be sanctioned by the competent authority in accordance with the legislation of each Party.
Article 9. Preliminary Resolution.
1. In no case earlier than 60 days after the date of publication of the initial resolution, the competent authority shall issue a preliminary resolution in which it determines that:
a) it is appropriate to continue with the investigation and, if applicable, the imposition of provisional antidumping duties and the amount of such duties; or
b) the investigation is terminated on the grounds that a preliminary affirmative determination of the existence of an unfair international trade practice has not been made, in which case it shall have the character of a final determination.
2. When the preliminary determination determines the imposition of a provisional countervailing duty, in addition to the provisions of Article 9-08, it shall include the margin of dumping or subsidy and the elements taken into account for its determination, a description of the injury and the methodology followed to determine them.
Article 9-12. Guarantees.
Importers may guarantee the provisional measures by means of a bond or cash deposit equal to the provisionally estimated amount of the countervailing duty.
Article 9-13. Clarifications.
1. Once a provisional or definitive antidumping duty has been established, any interested party may request the competent authority to decide whether or not a certain good is subject to the antidumping duty or to clarify any aspect of the corresponding resolution.
2. The filing of the application referred to in paragraph 1 shall not interrupt the course of the investigation nor suspend the application of the countervailing duty.
3. Upon acceptance of the application referred to in paragraph 1, the interested party may guarantee payment of the antidumping duty by means of a bond or cash deposit.
Article 9-14. Sending Copies.
The investigating authority shall ensure that all interested parties known to it receive in a timely manner copies of each of the reports, documents and evidence submitted to it in the course of the investigation, except for confidential information. Such copies shall be provided by the party submitting the information.
Article 9-15. Technical Information Meetings.
1. At the request of any of the interested parties, the investigating authority shall conduct technical briefings to explain the methodology used, technical reports, spreadsheets and any other element on which the initial, preliminary or final determination was based, except for confidential information.
2. The submission of such request shall be made within five business days following the publication of the resolution. The meeting will be held within 10 working days following the presentation of the request.
Article 9-16. Public Hearing.
1. The investigating authority shall hold, ex officio or at the request of an interested party, a public hearing for the purpose of allowing interested parties to present their position with respect to the information and evidence submitted to the authority, allowing the authority and the interested parties to request additional explanations or clarifications on any specific element of the investigation.
2. Notice of the public hearing shall be given at least 15 working days before the hearing takes place.
3. No interested party shall be required to attend the scheduled hearing and his absence shall not be detrimental to his case.
4. The investigating authority will give the interested parties the opportunity to present arguments within 10 business days following the public hearing. The allegations shall consist of the presentation in writing of conclusions regarding the information and arguments provided during the investigation.
Article 9-17. Access to Confidential Information.
1. The investigating authority shall grant, only to the legal representatives of the interested parties, access to the confidential information provided by the other parties in the course of an investigation into unfair international trade practices, in accordance with this article.
2. For such purpose, the investigating authority shall require the interested party to expressly consent that its information classified as confidential may be reviewed by the legal representatives of the other interested parties.
3. Only the legal representatives of the interested parties who meet the following requirements may have access to confidential information:
a) to submit a written request and fill out the form provided for such purpose by the investigating authority, in which they state the reasons and motives for which they wish to have access and specifically indicate the information they wish to review;
b) who have a good reputation and prove their independence with respect to the company they represent, for which reason the following shall be impediments: being a partner, holding a managerial or salaried position in the company or having been a partner in the last year;
c) that they prove with official documents that they are a lawyer authorized to practice such profession in the territory of the importing Party, or in the absence thereof, that they are assisted by one;
d) that they guarantee to the investigating authority, through any of the forms of surety existing in the legislation of each Party, compliance with the confidentiality commitment. The amount of the surety shall be fixed in accordance with its legislation or, failing that, in accordance with what the investigating authority determines;
e) to undertake to return the original versions and copies of the minutes or summaries it has prepared in connection with the access to confidential information, within 10 days after the interested parties have been informed of the resolution terminating the proceeding; and
f) be a resident in the territory of the importing Party.
4. The surety shall be in force for the entire duration of the investigation and any appeals filed in connection with the resolution terminating the proceeding.
5. Without prejudice to the enforcement of the surety, the legal representative and the officials of the investigating authority who violate the confidentiality commitment shall be subject to the sanctions established by the legislation of each Party.
6. Authorization to access confidential information is a personal and non-transferable right.
Article 9-18. Access to Information Contained In other Files.
In accordance with the legislation of each Party, any person having an interest shall have access to the administrative records of any investigation relating to unfair international trade practices in which a final determination has been made, except for confidential information.
Article 9-19. Rights and Obligations of Interested Parties.
Each Party shall ensure that the parties involved in the administrative investigation have the same rights and obligations that shall be respected both in the course of the procedure, as well as in the administrative and contentious or jurisdictional instances that may be brought against the final determinations.
Article 9-20. Reforms to National Legislation.
When a Party decides to reform, add, repeal or abrogate its legislation on unfair international trade practices, it shall notify the other Parties immediately after its publication in its respective organ of diffusion. Such amendment, addition, repeal or abrogation shall be consistent with the WTO Agreements.
Chapter X. CROSS-BORDER TRADE IN SERVICES
Article 10-01. Definitions.
1. For the purposes of this chapter, the following definitions shall apply:
cross-border trade in services: the supply of a service:
a) from the territory of one Party to the territory of another Party;
b) in the territory of a Party to a consumer of services of another Party; and
c) by a service supplier of a Party through the presence of natural persons of a Party in the territory of another Party;
consumer of services: any person who receives or uses a service;
enterprise of a Party: an enterprise incorporated or organized under the applicable law of a Party and having its domicile in the territory of that Party and a branch located in the territory of a Party and carrying on business therein;
federal or central, state or departmental governments: includes non-governmental bodies exercising regulatory, administrative or other governmental authority delegated to them by those governments;
measures adopted or maintained by a Party: those adopted or maintained by:
a) federal, central, state or departmental and municipal governments, as applicable; and
b) non-governmental bodies exercising regulatory, administrative or other governmental authority delegated to them by those governments;
natural person of another Party: national or resident of another Party; legal person of another Party: a legal person constituted or organized under the laws of that other Party and carrying on or planning to carry on substantive business operations in the territory of that Party or of any other Party;
service provider: any person who provides a service;
service supplier of a Party: a person of a Party who intends to supply or does supply a service;
quantitative restrictions: a non-discriminatory measure imposing limitations on:
a) the number of service providers, either through a quota, monopoly or economic necessity test, or by any other quantitative means; or
b) the operations of any service provider, whether through a quota, monopoly or economic necessity test, or by any other quantitative means;
specialized aerial services: aerial mapping, aerial surveying, aerial photography, forest fire control, firefighting, aerial advertising, glider towing, parachuting services, construction aerial services, aerial log transport, scenic flights, training flights, aerial inspection and surveillance, and aerial spraying; and
service supplied in the exercise of governmental authority: a service supplied by a public institution, which is supplied neither on a commercial basis nor in competition with one or more service suppliers.
2. Any other definition not contained in paragraph 1 shall be taken from the definitions contained in the GATS.
Article 10-02. Scope of Application and Extent of Obligations.
1. This Chapter applies to measures that a Party adopts or maintains on cross-border trade in services by service suppliers of another Party, including those relating to:
a) the production, distribution, marketing, sale and provision of a service;
b) the purchase, payment or use of a service;
c) access to, and use of: i) distribution and transportation systems related to the provision of a service; or il) public telecommunications networks and services;
d) the presence in its territory of a service supplier of another Party, including services supplied by an enterprise once it has been established in accordance with agreed commitments; and
e) the provision of a bond or other form of financial guarantee as a condition for the provision of a service.
2. This chapter does not apply to:
a) air services, including domestic and international air transport, both scheduled and non- scheduled, as well as ancillary activities in support of air services, except:
i) aircraft repair and maintenance services during the period in which an aircraft is removed from service;
ii) specialized air services; and iil) computerized reservation systems;
b) financial services;
c) subsidies or grants provided by a Party or a state enterprise, including government- supported loans, guarantees and insurance; or
d) governmental services or functions such as, but not limited to, law enforcement, social rehabilitation services, income security or insurance, social security or insurance, social welfare, public education, public training, health and child care.
3. Nothing in this chapter shall be construed to mean:
a) impose any obligation on a Party with respect to a national of another Party who seeks to enter its labor market or who is permanently employed in its territory, or to confer any right on such national with respect to such entry or employment; or
b) impose any obligation or confer any right on a Party with respect to government procurement by a Party or a state enterprise.
4. With respect to non-governmental bodies, as referred to in subparagraph b) of the definition of "measures adopted or maintained by a Party", exercising regulatory, administrative or other governmental authority delegated to it in accordance with domestic law, the federal or central government shall ensure that it takes such reasonable measures as may be available to it to ensure that such bodies comply with the provisions of this Chapter.
5. The provisions of this Chapter shall apply to the measures relating to the services referred to in the annexes only to the extent and under the terms stipulated in those annexes.
Article 10-03. Most- Favored-Nation Treatment.
1. Each Party shall accord immediately and unconditionally to services and service suppliers of another Party treatment no less favorable than that it accords to like services and service suppliers of any other country.
2. The provisions of this Chapter shall not be construed to prevent a Party from conferring advantages on adjacent countries for the purpose of facilitating trade, limited to contiguous border areas, in services that are produced or consumed locally.
Article 10-04. National Treatment.
1. Each Party shall accord to services and service suppliers of another Party treatment no less favorable than that it accords to its like services or service suppliers.
2. Each Party may comply with paragraph 1 by according to services and service suppliers of another Party, treatment formally identical or formally different from that which it accords to its like services and service suppliers.
3. Formally identical or formally different treatment shall be considered less favorable if it modifies the conditions of competition in favor of services or service suppliers of the Party as compared to like services or service suppliers of the other Party.
4. Treatment accorded by a Party in accordance with paragraph 1 means, with respect to a state, treatment no less favorable than the most favorable treatment accorded by that state to like services and service suppliers of the Party to which they belong.
Article 10-05. Local Presence.
No Party shall require a service supplier of another Party to establish or maintain a representative office or other business or to reside in its territory as a condition for the cross-border supply of a service.
Article 10-06. Reservations and Exceptions.
1. No Party shall increase the degree of non-conformity of its existing measures with respect to Articles 10-03, 10-04 and 10-05, listed in Annex |. Any amendment to any of these measures shall not diminish the degree of conformity of the measure as it was in force immediately prior to the amendment.
2. Parties are not required to register municipal measures.
3. Articles 10-03, 10-04 and 10-05 shall not apply to any measure that a Party adopts or maintains with respect to the sectors, subsectors or activities, as indicated in its list in Annex II.
Article 10-07. Transparency.
1. In addition to the provisions of Article 17-02, each Party shall publish in its official publication organs in accordance with its legislation, promptly and, except in emergency situations, no later than the date of their entry into force, all relevant laws, regulations and administrative guidelines and other decisions, rulings or measures of general application that relate to or affect the operation of this Chapter, and have been put into effect by federal, central and state governments or by a non-governmental regulatory body. International agreements relating to or affecting trade in services to which a Party is a signatory shall also be published.
2. Where it is not feasible or practical to publish the information referred to in paragraph 1, it shall be made available to the public in another manner.
3. Each Party shall promptly inform another Party at least annually of the establishment of new laws, regulations or administrative guidelines significantly affecting trade in services covered by its specific commitments under this Chapter, or of changes to existing ones.
4. Each Party shall respond promptly to all specific requests for information from another Party on the measures referred to in paragraphs 1 and 2. The offices responsible for providing specific information to another Party upon request on these matters, as well as on those subject to the notification requirement of paragraph 3, shall be listed in Annex 10-07.
Article 10-08. Non-discriminatory Quantitative Restrictions.
1. Each Party shall indicate in its Schedule to Annex V, within six months of the date of entry into force of this treaty, any quantitative restrictions maintained at the federal or central and state levels.
2. Each Party shall notify the other Parties of any quantitative restrictions it adopts as of the date of entry into force of this treaty and shall indicate the restriction in its Schedule to Annex V.
3. Each Party shall endeavor periodically, but in any event at least every two years, to negotiate the liberalization of the quantitative restrictions indicated in its Schedule to Annex V, in accordance with the provisions of paragraphs 1 and 2.
Article 10-09. Future Liberalization.
1. In order to achieve a progressive level of liberalization, the Commission shall convene negotiations every two years, with the aim of :
a) elimination of remaining restrictions registered in accordance with paragraph 1 of article 10-06; and
b) gradually incorporate in Annex I, sectors and activities that each Party has included in Annex II.
Article 10-10. Committee on Cross-Border Trade In Services and Investment.
1. The Parties establish a Committee on Cross-Border Trade in Services and Investment, composed of representatives of each Party, in accordance with Annex 10-07. Where appropriate, the Committee may authorize the participation of representatives of other institutions.
2. The Committee shall meet at least once a year, or at any time at the request of either Party or the Commission.
3. The Committee shall perform, among others, the following functions:
a) oversee the execution and administration of Chapters X and XIV;
b) discuss matters on cross-border trade in services and investment submitted to it by the Parties;
c) facilitate the exchange of information between the Parties, as well as technical cooperation on trade in services and investment; and
d) to examine issues of interest to the Parties related to trade in services and investment that are discussed in international fora.
Article 10-11. Procedures.
The Committee shall establish procedures for:
a) that each Party notifies to another Party and includes in its relevant annexes: