Colombia - United States TPA (2006)
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(p) Advisory, intermediation, and other auxiliary financial services on all the activities listed in subparagraphs (e) through (o), including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy;

financial service supplier of a Party means a person of a Party that is engaged in the business of supplying a financial service within the territory of that Party;

investment means "investment" as defined in Article 10.28 (Definitions), except that, with respect to "loans" and "debt instruments" referred to in that Article:

(a) a loan to or debt instrument issued by a financial institution is an investment only where it is treated as regulatory capital by the Party in whose territory the financial institution is located; and

(b) a loan granted by or debt instrument owned by a financial institution, other than a loan to or debt instrument of a financial institution referred to in subparagraph (a), is not an investment;

for greater certainty, a loan granted by or debt instrument owned by a cross-border financial service supplier, other than a loan to or debt instrument issued by a financial institution, is an investment for purposes of Chapter Ten (Investment), if such loan or debt instrument meets the criteria for investments set out in Article 10.28 (Definitions);

investor of a Party means a Party or state enterprise thereof, or a person of a Party, that attempts to make, is making, or has made an investment in the territory of another Party; provided, however, that a natural person who is a dual citizen shall be deemed to be exclusively a citizen of the State of his or her dominant and effective nationality;

new financial service means a financial service not supplied in the Party's territory that is supplied within the territory of another Party, and includes any new form of delivery of a financial service or the sale of a financial product that is not sold in the Party's territory;

person of a Party means "person of a Party" as defined in Article 1.3 (Definitions of General Application) and, for greater certainty, does not include a branch of an enterprise of a non-Party;

public entity means a central bank or monetary authority of a Party, or any financial institution owned or controlled by a Party; for greater certainty, a public entity (6) shall not be considered a designated monopoly or a state enterprise for purposes of Chapter Thirteen (Competition Policy, Designated Monopolies, and State Enterprises); and

self-regulatory organization means any non-governmental body, including any securities or futures exchange or market, clearing agency, or other organization or association, that exercises its own or delegated regulatory or supervisory authority over financial service suppliers or financial institutions; for greater certainty, a self-regulatory organization shall not be considered a designated monopoly for purposes of Chapter Thirteen (Competition Policy, Designated Monopolies, and State Enterprises).

(6) The Federal Deposit Insurance Corporation of the United States shall be deemed to be within the definition of public entity for purposes of Chapter Thirteen (Competition Policy, Designated Monopolies, and State Enterprises).

Chapter Thirteen. Competition Policy, Designated Monopolies, and State Enterprises

Article 13.1. Objectives

Recognizing that the conduct subject to this Chapter has the potential to restrict bilateral trade and investment, the Parties believe that proscribing such conduct, implementing economically sound competition policies, and cooperating on matters covered by this Chapter will help secure the benefits of this Agreement.

Article 13.2. Competition Law and Anticompetitive Business Conduct

1. Each Party shall adopt or maintain national competition laws that proscribe anticompetitive business conduct and promote economic efficiency and consumer welfare, and shall take appropriate action with respect to such conduct.

2. Each Party shall maintain an authority responsible for the enforcement of its national competition laws. The enforcement policy of each Party's central government competition authorities is not to discriminate on the basis of the nationality of the subjects of their proceedings.

3. Each Party shall ensure that:

(a) before it imposes a sanction or remedy against any person for violating its competition law, it affords the person the right to be heard and to present evidence, except that it may provide for the person to be heard and present evidence within a reasonable time after it imposes an interim sanction or remedy; and

(b) a court or other independent tribunal established under that Party's laws imposes or, at the person's request, reviews any such sanction or remedy.

4. Each Party other than the United States may implement its obligations under this Article through Andean Community competition laws or an Andean Community enforcement authority.

Article 13.3. Cooperation

1. The Parties agree to cooperate in the area of competition policy. The Parties recognize the importance of cooperation and coordination between their respective authorities to further effective competition law enforcement in the free trade area.

2. Accordingly, the Parties shall cooperate on issues of competition law enforcement, including notification of cases that affect the important interests of another Party, consultation, and exchange of information relating to the enforcement of each Party's competition laws and policies.

Article 13.4. Working Group

The Parties shall establish a working group comprising representatives of each Party. The working group shall endeavor to promote greater understanding, communication, and cooperation between the Parties with respect to matters covered by this Chapter. The working group shall report on the status of its efforts to the Commission within three years of entry into force of this Agreement and may make any appropriate recommendations for future action that may further promote the achievement of the objectives of this Article.

Article 13.5. Designated Monopolies

1. Recognizing that designated monopolies should not operate in a manner that creates obstacles to trade and investment, each Party shall ensure that any privately-owned monopoly that it designates after the date of entry into force of this Agreement and any government monopoly that it designates or has designated:

(a) acts in a manner that is not inconsistent with the Party's obligations under this Agreement wherever such a monopoly exercises any regulatory, administrative, or other governmental authority that the Party has delegated to it in connection with the monopoly good or service, such as the power to grant import or export licenses, approve commercial transactions, or impose quotas, fees, or other charges;

(b) acts solely in accordance with commercial considerations in its purchase or sale of the monopoly good or service in the relevant market, including with regard to price, quality, availability, marketability, transportation, and other terms and conditions of purchase or sale, except to comply with any terms of its designation that are not inconsistent with subparagraph (c) or (d);

(c) provides non-discriminatory treatment to covered investments, to goods of another Party, and to service suppliers of another Party in its purchase or sale of the monopoly good or service in the relevant market; and

(d) does not use its monopoly position to engage, either directly or indirectly, including through its dealings with its parent, subsidiaries, or other enterprises with common ownership, in anticompetitive practices in a non-monopolized market in its territory that adversely affect covered investments.

2. Nothing in this Chapter shall be construed to prevent a Party from designating a monopoly.

3. This Article does not apply to procurement, as defined in Article 1.3 (Definitions of General Application).

Article 13.6. State Enterprises

1. The Parties recognize that state enterprises should not operate in a manner that creates obstacles to trade and investment. In that light, each Party shall ensure that any state enterprise that it establishes or maintains:

(a) acts in a manner that is not inconsistent with the Party's obligations under this Agreement wherever such enterprise exercises any regulatory, administrative, or other governmental authority that the Party has delegated to it, such as the power to expropriate, grant licenses, approve commercial transactions, or impose quotas, fees, or other charges; and

(b) accords non-discriminatory treatment in the sale of its goods or services to covered investments.

2. Nothing in this Chapter shall be construed to prevent a Party from establishing or maintaining a state enterprise.

Article 13.7. Differences In Pricing

The charging of different prices in different markets, or within the same market, where such differences are based on normal commercial considerations, such as taking account of supply and demand conditions, is not in itself inconsistent with Articles 13.5 and 13.6.

Article 13.8. Transparency and Information Requests

1. The Parties recognize the value of transparency of government competition policies.

2. On request, each Party shall make available to another Party public information concerning its:

(a) competition law enforcement activities;

(b) state enterprises and designated monopolies, public or private, at any level of government; and

(c) export associations registered or certified as such to the central government, including any conditions the Party imposes on them.

In a request under subparagraph (b), a Party shall indicate the entities or localities involved, specify the particular goods or services and markets concerned, and include indicia of practices that may restrict trade or investment between the Parties. In a request under subparagraph (c), a Party shall specify the particular goods or services concerned.

3. On request, each Party shall make available to the other Party public information concerning exemptions provided under its competition laws. The requesting Party shall specify the particular goods or services and markets of interest and include indicia that the exemption may restrict trade or investment between the Parties.

Article 13.9. Consultations

To foster understanding between the Parties, or to address specific matters that arise under this Chapter, each Party shall, on request of another Party, enter into consultations. In its request, the Party shall indicate, if relevant, how the matter affects trade or investment between the Parties. The Party addressed shall accord full and sympathetic consideration to the concerns of the other Party.

Article 13.10. Dispute Settlement

No Party may have recourse to dispute settlement under this Agreement for any matter arising under Article 13.2, 13.3, 13.4, or 13.9.

Article 13.11. Definitions

For purposes of this Chapter:

a delegation includes a legislative grant, and a government order, directive, or other act, transferring to the monopoly or state enterprise, or authorizing the exercise by the monopoly or state enterprise of, governmental authority;

designate means to establish, designate, or authorize a monopoly or to expand the scope of a monopoly to cover an additional good or service, whether formally or in effect;

government monopoly means a monopoly that is owned, or controlled through ownership interests, by the central government of a Party or by another such monopoly;

in accordance with commercial considerations means consistent with normal business practices of privately-held enterprises in the relevant business or industry;

market means the geographic and commercial market for a good or service;

monopoly means an entity, including a consortium or government agency, that in any relevant market in the territory of a Party is designated as the sole provider or purchaser of a good or service, but does not include an entity that has been granted an exclusive intellectual property right solely by reason of such grant; and

non-discriminatory treatment means the better of national treatment and most-favored- nation treatment, as set out in the relevant provisions of this Agreement.

Chapter Fourteen. Telecommunications

Article 14.1. Scope and Coverage

1. This Chapter applies to:

(a) measures relating to access to and use of public telecommunications services;

(b) measures relating to obligations of suppliers of public telecommunications services;

(c) other measures relating to public telecommunications networks or services; and

(d) measures relating to the supply of information services. 2. Except to ensure that enterprises operating broadcast stations and cable systems have continued access to and use of public telecommunications services, as set out in Article 14.2, this Chapter does not apply to any measure relating to broadcast or cable distribution of radio or television programming.

3. Nothing in this Chapter shall be construed to:

(a) require a Party (or require a Party to compel any enterprise) to establish, construct, acquire, lease, operate, or provide telecommunications networks or services where such networks or services are not offered to the public generally;

(b) require a Party to compel any enterprise exclusively engaged in the broadcast or cable distribution of radio or television programming to make available its broadcast or cable facilities as a public telecommunications network; or

(c) prevent a Party from prohibiting persons operating private networks from using their networks to supply public telecommunications networks or services to third persons.

Article 14.2. Access to and Use of Public Telecommunications Services  (1)

1. Each Party shall ensure that enterprises of another Party have access to and use of any public telecommunications service, including leased circuits, offered in its territory or across its borders, on reasonable and non-discriminatory terms and conditions, including as set out in paragraphs 2 through 6.

2. Each Party shall ensure that such enterprises are permitted to:

(a) purchase or lease, and attach terminal or other equipment that interfaces with a public telecommunications network;

(b) provide services to individual or multiple end-users over leased or owned circuits;

(c) connect owned or leased circuits with public telecommunications networks and services in the territory, or across the borders, of that Party or with circuits leased or owned by another person;

(d) perform switching, signaling, processing, and conversion functions; and

(e) use operating protocols of their choice.

3. Each Party shall ensure that enterprises of another Party may use public telecommunications services for the movement of information in its territory or across its borders and for access to information contained in databases or otherwise stored in machine-readable form in the territory of any Party.

4. Notwithstanding paragraph 3, a Party may take such measures as are necessary to:

(a) ensure the security and confidentiality of messages; or

(b) protect the privacy of non-public personal data of subscribers to public telecommunications services, provided that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination or disguised restriction on trade in services.

5. Each Party shall ensure that no condition is imposed on access to and use of public telecommunications networks or services, other than that necessary to:

(a) safeguard the public service responsibilities of suppliers of public telecommunications networks or services, in particular their ability to make their networks or services available to the public generally; or

(b) protect the technical integrity of public telecommunications networks or services.

6. Provided that conditions for access to and use of public telecommunications networks or services satisfy the criteria set out in paragraph 5, such conditions may include:

(a) a requirement to use specified technical interfaces, including interface protocols, for interconnection with such networks and services;

(b) type approval of terminal or other equipment that interfaces with the network and technical requirements relating to the attachment of such equipment to such networks; and

(c) a licensing, permit, registration, or notification procedure which, if adopted or maintained, is transparent and provides for the processing of applications filed thereunder in accordance with the Party's national law or regulation.

(1) For greater certainty, this Article does not prohibit any Party from requiring an enterprise to obtain a license, concession, or other type of authorization to supply any public telecommunications service within its territory.

Article 14.3. Obligations Relating to Suppliers of Public Telecommunications Services  (2)

Interconnection

1. (a) Each Party shall ensure that suppliers of public telecommunications services in its territory provide, directly or indirectly, interconnection with the suppliers of public telecommunications services of another Party at reasonable rates.

(b) In carrying out subparagraph (a), each Party shall ensure that suppliers of public telecommunications services in its territory take reasonable steps to protect the confidentiality of commercially sensitive information of, or relating to, suppliers and end-users of public telecommunications services obtained as a result of interconnection arrangements and only use such information for the purpose of providing those services.

Resale

2. Each Party shall ensure that suppliers of public telecommunications services do not impose unreasonable or discriminatory conditions or limitations on the resale of those services. Number Portability

3. Each Party shall ensure that suppliers of public telecommunications services in its territory provide number portability to the extent technically feasible, on a timely basis, and on reasonable terms and conditions. (3)

Dialing Parity

4. Each Party shall ensure that suppliers of a particular public telecommunications service in its territory provide dialing parity to suppliers of the same public telecommunications service of the other Party and provide suppliers of public telecommunications services of the other Party non-discriminatory access to telephone numbers, directory assistance, directory listing, and operator services with no unreasonable dialing delays.

(2) This Article is subject to Annex 14-A. Paragraphs 2 through 4 of this Article do not apply with respect to suppliers of commercial mobile services. This exclusion shall not be construed to preclude a Party from imposing the requirements set forth in this Article on suppliers of commercial mobile services.
(3) In complying with this paragraph, any Party other than the United States may take into account the economic feasibility of providing number portability.

Article 14.4. Additional Obligations Relating to Major Suppliers of Public Telecommunications Services

Treatment by Major Suppliers

1. Each Party shall ensure that major suppliers in its territory accord suppliers of public telecommunications services of another Party treatment no less favorable than such major suppliers accord to their subsidiaries, their affiliates, or non-affiliated service suppliers regarding:

(a) the availability, provisioning, rates, or quality of like public telecommunications services; and

(b) the availability of technical interfaces necessary for interconnection.

Competitive Safeguards

2. (a) Each Party shall maintain appropriate measures for the purpose of preventing suppliers that, alone or together, are a major supplier in its territory from engaging in or continuing anti-competitive practices.

(b) The anti-competitive practices referred to in subparagraph (a) include in particular:

(i) engaging in anti-competitive cross-subsidization;

(ii) using information obtained from competitors with anti-competitive results; and

(iii) not making available, on a timely basis, to suppliers of public telecommunications services, technical information about essential facilities and commercially relevant information that are necessary for them to provide public telecommunications services.

Resale

3. Each Party shall ensure that major suppliers in its territory:

(a) offer for resale, at reasonable rates, to suppliers of public telecommunications services of another Party, public telecommunications services that such major suppliers provide at retail to end-users that are not suppliers of public telecommunications services; and

(b) do not impose unreasonable or discriminatory conditions or limitations on the resale of such services. (5)

Unbundling of Network Elements

4. (a) Each Party shall provide its telecommunications regulatory body or other relevant body the authority to require major suppliers in its territory to offer access to network elements on an unbundled basis on terms and conditions, and at cost-oriented rates, that are reasonable, non-discriminatory, and transparent for the supply of public telecommunications services.

(b) Each Party may determine the network elements required to be made available in its territory, and the suppliers that may obtain such elements, in accordance with its law or regulations.

Interconnection

5. (a) General Terms and Conditions Each Party shall ensure that major suppliers in its territory provide interconnection for the facilities and equipment of suppliers of public telecommunications services of another Party: (i) at any technically feasible point in the major suppliers' networks; (ii) under non-discriminatory terms, conditions (including technical standards and specifications), and rates;

(iii) of a quality no less favorable than that provided by such major suppliers for their own like services, for like services of non-affiliated service suppliers, or for their subsidiaries or other affiliates;

(iv) in a timely fashion, on terms, conditions (including technical standards and specifications), and cost-oriented rates that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled so that suppliers need not pay for network components or facilities that they do not require for the service to be provided; and

(v) on request, at points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of necessary additional facilities.

(b) Options for Interconnecting with Major Suppliers Each Party shall ensure that suppliers of public telecommunications services of another Party may interconnect their facilities and equipment with those of major suppliers in its territory pursuant to at least one of the following options:

(i) a reference interconnection offer or another standard interconnection offer containing the rates, terms, and conditions that the major suppliers offer generally to suppliers of public telecommunications services;

(ii) the terms and conditions of an interconnection agreement in force; or

(iii) through negotiation of a new interconnection agreement.

(c) Public Availability of Interconnection Offers Each Party shall require major suppliers in its territory to make publicly available reference interconnection offers or other standard interconnection offers containing the rates, terms, and conditions that the major suppliers offer generally to suppliers of public telecommunications services.

(d) Public Availability of Procedures for Interconnection Negotiations Each Party shall make publicly available the applicable procedures for interconnection negotiations with major suppliers in its territory.

(e) Public Availability of Interconnection Agreements Concluded with Major Suppliers

(i) Each Party shall require major suppliers in its territory to file all interconnection agreements to which they are party with its telecommunications regulatory body. (6)

(ii) Each Party shall make publicly available interconnection agreements in force between major suppliers in its territory and other suppliers of public telecommunications services in its territory.

Provisioning and Pricing of Leased Circuits Services

6. (a) Each Party shall ensure that major suppliers in its territory provide enterprises of another Party leased circuits services that are public telecommunications services on terms and conditions, and at rates that are reasonable and non-discriminatory.

(b) In carrying out subparagraph (a), each Party shall provide its telecommunications regulatory body the authority to require major suppliers in its territory to offer leased circuits services that are public telecommunications services to enterprises of another Party at capacity-based, cost-oriented prices.

Co-location 

7. (a) Subject to subparagraphs (b) and (c), each Party shall ensure that major suppliers in its territory provide to suppliers of public telecommunications services of another Party physical co-location of equipment necessary for interconnection on terms and conditions, and at cost-oriented rates, that are reasonable, nondiscriminatory, and transparent.

(b) Where physical co-location is not practical for technical reasons or because of space limitations, each Party shall ensure that major suppliers in its territory provide an alternative solution, such as facilitating virtual co-location, on terms and conditions, and at cost-oriented rates, that are reasonable, non-discriminatory, and transparent.

(c) Each Party may specify in its law or regulations which premises are subject to subparagraphs (a) and (b).

Access to Poles, Ducts, Conduits, and Rights-of-way

8. Each Party shall ensure that major suppliers in its territory afford access to poles, ducts, conduits, and rights-of-way owned or controlled by such major suppliers to suppliers of public telecommunications services of another Party on terms and conditions, and at rates, that are reasonable and non-discriminatory.

(4) This Article is subject to Annex 14-A. Paragraph 1, subparagraph (2)(b)(iii), and paragraphs 3 through 8 of this Article do not apply with respect to major suppliers of commercial mobile services. This exclusion is without prejudice to any rights or obligations that a Party may have under the GATS and shall not be construed to preclude a Party from imposing the requirements set out in this Article on major suppliers of commercial mobile services.
(5) Where provided in its law or regulations, a Party may prohibit a reseller that obtains, at wholesale rates, a public telecommunications service available at retail to only a limited category of subscribers from offering the service to a different category of subscribers.
(6) In the United States, this obligation may be satisfied by requiring filing with a regulatory authority at the regional level.

Article 14.5. Submarine Cable Systems

  • Chapter   One Initial Provisions and General Definitions 1
  • Section   A Initial Provisions 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Relation to other Agreements 1
  • Section   B General Definitions 1
  • Article   1.3 Definitions of General Application 1
  • Annex 1.3  Country-Specific Definitions 1
  • Chapter   Two National Treatment and Market Access for Goods 1
  • Article   2.1 Scope and Coverage 1
  • Section   A National Treatment 1
  • Article   2.2 National Treatment 1
  • Section   B Tariff Elimination 1
  • Article   2.3 Tariff Elimination 1
  • Section   C Special Regimes 1
  • Article   2.4 Waiver of Customs Duties 1
  • Article   2.5 Temporary Admission of Goods 1
  • Article   2.6 Goods Re-entered after Repair or Alteration 1
  • Article   2.7 Duty-free Entry of Commercial Samples of Negligible Value and Printed Advertising Materials 1
  • Section   D Non-Tariff Measures 1
  • Article   2.8 Import and Export Restrictions 1
  • Article   2.9 Import Licensing 2
  • Article   2.10 Administrative Fees and Formalities 2
  • Article   2.11 Export Taxes 2
  • Section   E Other Measures 2
  • Article   2.12 Distinctive Products 2
  • Section   F Institutional Provisions 2
  • Article   2.13 Committee on Trade In Goods 2
  • Section   G Agriculture 2
  • Article   2.14 Scope and Coverage 2
  • Article   2.15 Administration and Implementation of Tariff-rate Quotas 2
  • Article   2.16 Agricultural Export Subsidies 2
  • Article   2.17 Export State Trading Enterprises 2
  • Article   2.18 Agricultural Safeguard Measures 2
  • Article   2.19 Sugar Compensation Mechanism 2
  • Article   2.20 Consultations on Trade In Chicken 2
  • Article   2.21 Committee on Agricultural Trade 2
  • Section   H Definitions 2
  • Article   2.22 Definitions 2
  • Chapter   Three Textiles and Apparel  (1) 2
  • Article   3.1 Textile Safeguard Measures 2
  • Article   3.2 Customs Cooperation and Verification of Origin 2
  • Article   3.3 Rules of Origin, Origin Procedures, and Related Matters 3
  • Article   3.4 Committee on Textile and Apparel Trade Matters 3
  • Article   3.5 Definitions 3
  • Chapter   Four Rules of Origin and Origin Procedures 3
  • Section   A Rules of Origin 3
  • Article   4.1 Originating Goods 3
  • Article   4.2 Regional Value Content 3
  • Article   4.3 Value of Materials 3
  • Article   4.4 Further Adjustments to the Value of Materials 3
  • Article   4.5 Accumulation 3
  • Article   4.6 De Minimis 3
  • Article   4.7 Fungible Goods and Materials 3
  • Article   4.8 Accessories, Spare Parts, and Tools 3
  • Article   4.9 Sets of Goods 3
  • Article   4.10 Packaging Materials and Containers for Retail Sale 3
  • Article   4.11 Packing Materials and Containers for Shipment 3
  • Article   4.12 Indirect Materials Used In Production 4
  • Article   4.13 Transit and Transshipment 4
  • Article   4.14 Consultation and Modifications 4
  • Section   B Origin Procedures 4
  • Article   4.15 Claims for Preferential Treatment 4
  • Article   4.16 Exceptions 4
  • Article   4.17 Record Keeping Requirements 4
  • Article   4.18 Verification 4
  • Article   4.19 Obligations Relating to Importations 4
  • Article   4.20 Obligations Relating to Exportations 4
  • Article   4.21 Common Guidelines 4
  • Article   4.22 Implementation 4
  • Article   4.23 Definitions 4
  • Chapter   Five Customs Administration and Trade Facilitation 5
  • Article   5.1 Publication 5
  • Article   5.2 Release of Goods 5
  • Article   5.3 Automation 5
  • Article   5.4 Risk Management 5
  • Article   5.5 Cooperation 5
  • Article   5.6 Confidentiality 5
  • Article   5.7 Express Shipments 5
  • Article   5.8 Review and Appeal 5
  • Article   5.9 Penalties 5
  • Article   5.10 Advance Rulings 5
  • Article   5.11 Implementation 5
  • Chapter   Six Sanitary and Phytosanitary Measures 5
  • Article   6.1 Scope and Coverage 5
  • Article   6.2 General Provisions 5
  • Article   6.3 Standing Committee on Sanitary and Phytosanitary Matters 5
  • Chapter   Seven Technical Barriers to Trade 5
  • Article   7.1 Affirmation of the Tbt Agreement 5
  • Article   7.2 Scope and Coverage 5
  • Article   7.3 Trade Facilitation 5
  • Article   7.4 Conformity Assessment 5
  • Article   7.5 Technical Regulations 5
  • Article   7.6 Transparency 5
  • Article   7.7 Committee on Technical Barriers to Trade 5
  • Article   7.8 Information Exchange 6
  • Article   7.9 Definitions 6
  • Chapter   Eight Trade Remedies 6
  • Section   A Safeguard Measures 6
  • Article   8.1 Imposition of a Safeguard Measure 6
  • Article   8.2 Standards for a Safeguard Measure 6
  • Article   8.3 Investigation Procedures and Transparency Requirements 6
  • Article   8.4 Notification and Consultation 6
  • Article   8.5 Compensation 6
  • Article   8.6 Global Safeguard Measures 6
  • Article   8.7 Definitions 6
  • Section   B Antidumping and Countervailing Measures 6
  • Article   8.8 Antidumping and Countervailing Measures 6
  • Chapter   Nine Government Procurement 6
  • Article   9.1 Scope and Coverage 6
  • Article   9.2 General Principles 6
  • Article   9.3 Publication of Procurement Information 6
  • Article   9.4 Publication of Notices 6
  • Article   9.5 Time Limits 6
  • Article   9.6 Information on Intended Procurements 7
  • Article   9.7 Conditions for Participation 7
  • Article   9.8 Limited Tendering 7
  • Article   9.9 Treatment of Tenders and Awarding of Contracts 7
  • Article   9.10 Ensuring Integrity In Procurement Practices 7
  • Article   9.11 Domestic Review of Supplier Challenges 7
  • Article   9.12 Modifications and Rectifications to Coverage 7
  • Article   9.13 Disclosure of Information 7
  • Article   9.14 Exceptions 7
  • Article   9.15 Committee on Procurement 7
  • Article   9.16 Definitions 7
  • Chapter   Ten Investment 8
  • Section   A Investment 8
  • Article   10.1 Scope and Coverage  (1) 8
  • Article   10.2 Relation to other Chapters 8
  • Article   10.3 National Treatment 8
  • Article   10.4 Most-favored-nation Treatment 8
  • Article   10.5 Minimum Standard of Treatment  (3) 8
  • Article   10.6 Treatment In Case of Strife 8
  • Article   10.7 Expropriation and Compensation  (4) 8
  • Article   10.8 Transfers 8
  • Article   10.9 Performance Requirements 8
  • Article   10.10 Senior Management and Boards of Directors 8
  • Article   10.11 Investment and Environment 8
  • Article   10.12 Denial of Benefits 8
  • Article   10.13 Non-conforming Measures 8
  • Article   10.14 Special Formalities and Information Requirements 8
  • Section   B Investor-State Dispute Settlement 8
  • Article   10.15 Consultation and Negotiation 8
  • Article   10.16 Submission of a Claim to Arbitration 8
  • Article   10.17 Consent of Each Party to Arbitration 9
  • Article   10.18 Conditions and Limitations on Consent of Each Party 9
  • Article   10.19 Selection of Arbitrators 9
  • Article   10.20 Conduct of the Arbitration 9
  • Article   10.21 Transparency of Arbitral Proceedings 9
  • Article   10.22 Governing Law 9
  • Article   10.23 Interpretation of Annexes 9
  • Article   10.24 Expert Reports 9
  • Article   10.25 Consolidation 9
  • Article   10.26 Awards 9
  • Article   10.27 Service of Documents 9
  • Article   10.28 Definitions 9
  • Chapter   Eleven Cross-border Trade In Services 10
  • Section   CHAPTER ELEVEN 10
  • Article   11.1 Scope and Coverage 10
  • Article   11.2 National Treatment 10
  • Article   11.3 Most-favored-nation Treatment 10
  • Article   11.4 Market Access 10
  • Article   11.5 Local Presence 10
  • Article   11.6 Non-conforming Measures 10
  • Article   11.7 Domestic Regulation 10
  • Article   11.8 Transparency In Developing and Applying Regulations  (3) 10
  • Article   11.9 Recognition 10
  • Article   11.10 Transfers and Payments 10
  • Article   11.11 Denial of Benefits 10
  • Article   11.12 Specific Commitments 10
  • Article   11.13 Implementation 10
  • Article   11.14 Definitions 10
  • Chapter   Twelve Financial Services 10
  • Article   12.1 Scope and Coverage 10
  • Article   12.2 National Treatment 11
  • Article   12.3 Most-favored-nation Treatment 11
  • Article   12.4 Market Access for Financial Institutions 11
  • Article   12.5 Cross-border Trade 11
  • Article   12.6 New Financial Services  (2) 11
  • Article   12.7 Treatment of Certain Information 11
  • Article   12.8 Senior Management and Boards of Directors 11
  • Article   12.9 Non-conforming Measures 11
  • Article   12.10 Exceptions 11
  • Article   12.11 Transparency and Administration of Certain Measures 11
  • Article   12.12 Self-regulatory Organizations 11
  • Article   12.13 Payment and Clearing Systems 11
  • Article   12.14 Expedited Availability of Insurance Services 11
  • Article   12.15 Specific Commitments 11
  • Article   12.16 Financial Services Committee 11
  • Article   12.17 Consultations 11
  • Article   12.18 Dispute Settlement 11
  • Article   12.19 Investment Disputes In Financial Services 11
  • Article   12.20 Definitions 11
  • Chapter   Thirteen Competition Policy, Designated Monopolies, and State Enterprises 12
  • Article   13.1 Objectives 12
  • Article   13.2 Competition Law and Anticompetitive Business Conduct 12
  • Article   13.3 Cooperation 12
  • Article   13.4 Working Group 12
  • Article   13.5 Designated Monopolies 12
  • Article   13.6 State Enterprises 12
  • Article   13.7 Differences In Pricing 12
  • Article   13.8 Transparency and Information Requests 12
  • Article   13.9 Consultations 12
  • Article   13.10 Dispute Settlement 12
  • Article   13.11 Definitions 12
  • Chapter   Fourteen Telecommunications 12
  • Article   14.1 Scope and Coverage 12
  • Article   14.2 Access to and Use of Public Telecommunications Services  (1) 12
  • Article   14.3 Obligations Relating to Suppliers of Public Telecommunications Services  (2) 12
  • Article   14.4 Additional Obligations Relating to Major Suppliers of Public Telecommunications Services 12
  • Article   14.5 Submarine Cable Systems 13
  • Article   14.6 Conditions for the Supply of Information Services 13
  • Article   14.7 Independent Regulatory Bodies and Government-owned Telecommunications Suppliers 13
  • Article   14.8 Universal Service 13
  • Article   14.9 Licenses and other Authorizations 13
  • Article   14.10 Allocation and Use of Scarce Resources 13
  • Article   14.11 Enforcement 13
  • Article   14.12 Resolution of Telecommunications Disputes 13
  • Article   14.13 Transparency 13
  • Article   14.14 Flexibility In the Choice of Technologies 13
  • Article   14.15 Forbearance 13
  • Article   14.16 Relationship to other Chapters 13
  • Article   14.17 Definitions 13
  • Chapter   Fifteen Electronic Commerce 13
  • Article   15.1 General 13
  • Article   15.2 Electronic Supply of Services 13
  • Article   15.3 Digital Products 13
  • Article   15.4 Transparency 13
  • Article   15.5 Consumer Protection 13
  • Article   15.6 Authentication 13
  • Article   15.7 Paperless Trade Administration 13
  • Article   15.8 Definitions 13
  • Chapter   Sixteen Intellectual Property Rights 13
  • Article   16.1 General Provisions 13
  • Article   162 Trademarks 14
  • Article   16.3 Geographical Indications 14
  • Article   16.4 Domain Names on the Internet 14
  • Article   16.5 Copyrights 14
  • Article   16.6 Related Rights 14
  • Article   16.7 Obligations Common to Copyright and Related Rights 14
  • Article   16.8 Protection of Encrypted Program-carrying Satellite Signals 14
  • Article   16.9 Patents 14
  • Article   16.10 Measures Related to Certain Regulated Products  (17) 14
  • Article   16.11 Enforcement of Intellectual Property Rights 15
  • Article   16.12 Promotion of Innovation and Technological Development 15
  • Article   16.13 Understandings Regarding Certain Public Health Measures 15
  • Article   16.14 Final Provisions 15
  • Chapter   Seventeen Labor 15
  • Article   17.1 Statement of Shared Commitments 15
  • Article   17.2 Fundamental Labor Rights 15
  • Article   17.3 Enforcement of Labor Laws 16
  • Article   17.4 Procedural Guarantees and Public Awareness 16
  • Article   17.5 Institutional Arrangements 16
  • Article   17.6 Labor Cooperation and Capacity Building Mechanism 16
  • Article   17.7 Cooperative Labor Consultations 16
  • Article   17.8 Definitions 16
  • Annex 17.6  Labor Cooperation and Capacity Building Mechanism 16
  • Chapter   Eighteen Environment 16
  • Article   18.1 Levels of Protection 16
  • Article   18.2 Environmental Agreements  (1) 16
  • Article   18.3 Enforcement of Environmental Laws 16
  • Article   18.4 Procedural Matters 16
  • Article   18.5 Mechanisms to Enhance Environmental Performance 16
  • Article   18.6 Environmental Affairs Council 17
  • Article   18.7 Opportunities for Public Participation 17
  • Article   18.8 Submissions on Enforcement Matters 17
  • Article   18.9 Factual Records and Related Cooperation 17
  • Article   18.10 Environmental Cooperation 17
  • Article   18.11 Biological Diversity 17
  • Article   18.12 Environmental Consultations and Panel Procedure 17
  • Article   18.13 Relationship to Environmental Agreements 17
  • Article   18.14 Definitions 17
  • Annex 18.2  Covered Agreements 17
  • Chapter   Nineteen Transparency 17
  • Section   A Transparency 17
  • Article   19.1 Contact Points 17
  • Article   19.2 Publication 17
  • Article   19.3 Notification and Provision of Information 17
  • Article   19.4 Administrative Proceedings 17
  • Article   19.5 Review and Appeal 17
  • Article   19.6 Definitions 17
  • Section   B Anti-Corruption 18
  • Article   19.7 Statement of Principle 18
  • Article   19.8 Cooperation In International Fora 18
  • Article   19.9 Anti-corruption Measures 18
  • Article   19.10 Definitions 18
  • Chapter   Twenty Administration of the Agreement and Trade Capacity Building 18
  • Section   A Administration of the Agreement 18
  • Article   20.1 The Free Trade Commission 18
  • Article   20.2 Free Trade Agreement Coordinators 18
  • Article   20.3 Administration of Dispute Settlement Proceedings 18
  • Section   B Trade Capacity Building 18
  • Article   20.4 Committee on Trade Capacity Building 18
  • Annex 20.1  The Free Trade Commission 18
  • Chapter   Twenty-One Dispute Settlement 18
  • Section   A Dispute Settlement 18
  • Article   21.1 Cooperation 18
  • Article   21.2 Scope of Application 18
  • Article   21.3 Choice of Forum 18
  • Article   21.4 Consultations 18
  • Article   21.5 Intervention of the Commission 18
  • Article   21.6 Request for an Arbitral Panel 18
  • Article   21.7 Indicative Roster 18
  • Article   21.8 Qualifications of Panelists 18
  • Article   219 Panel Selection 18
  • Article   21.10 Rules of Procedure 18
  • Article   21.11 Third Party Participation 19
  • Article   21.12 Role of Experts 19
  • Article   21.13 Initial Report 19
  • Article   21.14 Final Report 19
  • Article   21.15 Implementation of Final Report 19
  • Article   21.16 Non-implementation − Suspension of Benefits 19
  • Article   21.17 Compliance Review 19
  • Article   21.18 Five-year Review 19
  • Section   B Domestic Proceedings and Private Commercial Dispute Settlement 19
  • Article   21.19 Referral of Matters from Judicial or Administrative Proceedings 19
  • Article   21.20 Private Rights 19
  • Article   21.21 Alternative Dispute Resolution 19
  • Chapter   Twenty-Two Exceptions 19
  • Article   22.1 General Exceptions 19
  • Article   22.2 Essential Security 19
  • Article   22.3 Taxation 19
  • Article   22.4 Disclosure of Information 19
  • Article   22.5 Definitions 19
  • Annex 22.3  Competent Authorities 19
  • Chapter   Twenty-Three Final Provisions 19
  • Article   23.1 Annexes, Appendices, and Footnotes 19
  • Article   23.2 Amendments 19
  • Article   23.3 Amendment of the Wto Agreement 19
  • Article   23.4 Entry Into Force and Termination 19
  • Article   23.5 Accession 19
  • Article   23.6 Authentic Texts 19
  • Annex I  Non-Conforming Measures for Services and Investment 19
  • Annex I  Explanatory Notes 19
  • Annex I  Schedule of the United States 19
  • Annex I  Schedule of Colombia 20
  • Annex II  Non-Conforming Measures for Services and Investment 22
  • Annex II  Explanatory Notes 22
  • Annex II  Schedule of the United States 22
  • Annex II  Schedule of Colombia 22