Colombia - United States TPA (2006)
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Each Party shall ensure that any enterprise that it authorizes to operate a submarine cable system in its territory as a public telecommunications service accords reasonable and nondiscriminatory treatment with respect to access to that system (including landing facilities) to suppliers of public telecommunications services of another Party.

Article 14.6. Conditions for the Supply of Information Services

1. No Party may require an enterprise in its territory that it classifies as a supplier of information services (7) and that supplies those services over facilities that it does not own to:

(a) supply those services to the public generally;

(b) cost-justify its rates for those services;

(c) file a tariff for those services;

(d) connect with any particular customer for the supply of those services; or

(e) conform with any particular standard or technical regulation for connecting to any network, other than a public telecommunications network.

2. Notwithstanding paragraph 1, a Party may take the actions described in subparagraphs (a) through (e) to remedy a practice of a supplier of information services that the Party has found in a particular case to be anti-competitive under its law or regulations, or to otherwise promote competition or safeguard the interests of consumers.

(7) For purposes of applying this Article, each Party may classify which services in its territory are information services.

Article 14.7. Independent Regulatory Bodies and Government-owned Telecommunications Suppliers

1. Each Party shall ensure that its telecommunications regulatory body is separate from, and not accountable to, any supplier of public telecommunications services. To this end, each Party shall ensure that its telecommunications regulatory body does not hold a financial interest or maintain an operating role in any such supplier.

2. Each Party shall ensure that the decisions and procedures of its telecommunications regulatory body are impartial with respect to all interested persons. To this end, each Party shall ensure that any financial interest that it holds in a supplier of public telecommunications services does not influence the decisions and procedures of its telecommunications regulatory body.

3. No Party may accord more favorable treatment to a supplier of public telecommunications services or to a supplier of information services than that accorded to a like supplier of another Party on the basis that the supplier receiving more favorable treatment is owned, wholly or in part, by the central level of government of the Party.

Article 14.8. Universal Service

Each Party has the right to define the kind of universal service obligations it wishes to maintain and shall administer those obligations in a transparent, non-discriminatory, and competitively neutral manner and shall ensure that its universal service obligation is not more burdensome than necessary for the kind of universal service that it has defined.

Article 14.9. Licenses and other Authorizations

1. Where a Party requires a supplier of public telecommunications services to have a license, concession, permit, registration, or other type of authorization, the Party shall make publicly available:

(a) all applicable licensing or authorization criteria and procedures;

(b) the time it normally requires to reach a decision concerning an application for a license, concession, permit, registration, or other type of authorization; and

(c) the terms and conditions of all licenses or authorizations it has issued.

2. Each Party shall ensure that, on request, an applicant receives the reasons for the denial of a license, concession, permit, registration, or other type of authorization.

Article 14.10. Allocation and Use of Scarce Resources

1. Each Party shall administer its procedures for the allocation and use of scarce telecommunications resources, including frequencies, numbers, and rights-of-way, in an objective, timely, transparent, and non-discriminatory manner.

2. Each Party shall make publicly available the current state of allocated frequency bands but shall not be required to provide detailed identification of frequencies allocated for specific government uses.

3. A Party's measures allocating and assigning spectrum and managing frequencies are not measures that are per se inconsistent with Article 11.4 (Market Access), either as it applies to cross-border trade in services or, through the operation of Article 11.1.3 (Scope and Coverage), to a covered investment of another Party. Accordingly, each Party retains the right to establish and apply its spectrum and frequency management policies that may have the effect of limiting the number of suppliers of public telecommunications services, provided that it does so in a manner that is consistent with other provisions of this Agreement. This includes the ability to allocate frequency bands, taking into account current and future needs and spectrum availability.

4. When making a spectrum allocation for non-government telecommunications services, each Party shall endeavor to rely on an open and transparent public comment process that considers the overall public interest. Each Party shall endeavor to rely generally on market-based approaches in assigning spectrum for terrestrial non-government telecommunications services.

Article 14.11. Enforcement

Each Party shall provide its competent authority with the authority to enforce compliance with the Party's measures relating to the obligations set out in Articles 14.2 through 14.5. Such authority shall include the ability to impose effective sanctions, which may include financial penalties, injunctive relief (on an interim or final basis), or the modification, suspension, and revocation of licenses or other authorizations.

Article 14.12. Resolution of Telecommunications Disputes

Further to Articles 19.4 (Administrative Proceedings) and 19.5 (Review and Appeal), each Party shall ensure the following:

Recourse to Telecommunications Regulatory Bodies

(a) (i) Enterprises of another Party may seek review by a telecommunications regulatory body or other relevant body to resolve disputes regarding the Party's measures relating to a matter set out in Articles 14.2 through 14.5.

(ii) Suppliers of public telecommunications services of another Party that have requested interconnection with a major supplier in the Party's territory may seek review, within a reasonable and publicly specified period after the supplier requests interconnection, by a telecommunications regulatory body (8) to resolve disputes regarding the terms, conditions, and rates for interconnection with such major supplier.

Reconsideration

(b) Any enterprise that is aggrieved or whose interests are adversely affected by a determination or decision of the Party's telecommunications regulatory body may petition the body to reconsider (9) that determination or decision. No Party may permit such a petition to constitute grounds for non-compliance with the determination or decision of the telecommunications regulatory body unless an appropriate authority stays such determination or decision. (10)

Judicial Review

(c) Any enterprise that is aggrieved or whose interests are adversely affected by a determination or decision of the Party's telecommunications regulatory body may obtain judicial review of such determination or decision by an independent judicial authority. An application for judicial review shall not constitute grounds for non-compliance with such a determination or decision unless stayed by the relevant judicial body.

(8) The United States may comply with this obligation by providing for review by a regulatory authority at the regional level.
(9) With respect to the obligations of a Party other than the United States under this subparagraph, enterprises may not petition for reconsideration of rulings of general application, as defined in Article 19.6 (Definitions), unless provided for under its law and regulation.
(10) Notwithstanding this subparagraph, in Colombia, if a petition for reconsideration is filed, the determination or decision of the telecommunications regulatory body will not become effective pending the outcome of the reconsideration. Petitions for reconsideration shall be ruled upon promptly.

Article 14.13. Transparency

Further to Articles 19.2 (Publication) and 19.3 (Notification and Provision of Information), each Party shall ensure that:

(a) rulemakings, including the basis for such rulemakings, of its telecommunications regulatory body and end-user tariffs filed with its telecommunications regulatory body are promptly published or otherwise made publicly available;

(b) interested persons are provided, to the extent possible, with adequate advance public notice of, and the opportunity to comment on, any rulemaking that its telecommunications regulatory body proposes; and

(c) its measures relating to public telecommunications services are made publicly available, including measures relating to:

(i) tariffs and other terms and conditions of service;

(ii) procedures relating to judicial and other adjudicatory proceedings;

(iii) specifications of technical interfaces;

(iv) bodies responsible for preparing, amending, and adopting standards-related measures affecting access and use; (v) conditions for attaching terminal or other equipment to the public telecommunications network; and (vi) notification, permit, registration, or licensing requirements, if any.

Article 14.14. Flexibility In the Choice of Technologies

No Party may prevent suppliers of public telecommunications services from having the flexibility to choose the technologies that they use to supply their services, including commercial mobile wireless services, subject to requirements necessary to satisfy legitimate public policy interests.

Article 14.15. Forbearance

The Parties recognize the importance of relying on market forces to achieve wide choices in the supply of telecommunications services. To this end, each Party may forbear from applying a regulation to a service that the Party classifies as a public telecommunications service, if its telecommunications regulatory body determines that:

(a) enforcement of that regulation is not necessary to prevent unreasonable or discriminatory practices;

(b) enforcement of that regulation is not necessary for the protection of consumers; and

(c) forbearance is consistent with the public interest, including promoting and enhancing competition between suppliers of public telecommunications services.

Article 14.16. Relationship to other Chapters

In the event of any inconsistency between this Chapter and another Chapter, this Chapter shall prevail to the extent of the inconsistency.

Article 14.17. Definitions

For purposes of this Chapter:

co-location (physical) means physical access to and control over space in order to install, maintain, or repair equipment, at premises owned or controlled and used by a major supplier to supply public telecommunications services;

commercial mobile services means public telecommunications services supplied through mobile wireless means;

cost-oriented means based on cost, and may include a reasonable profit, and may involve different cost methodologies for different facilities or services;

dialing parity means the ability of an end-user to use an equal number of digits to access a particular public telecommunications service, regardless of the public telecommunications service supplier chosen by such end-user;

end-user means a final consumer of or subscriber to a public telecommunications service, including a service supplier other than a supplier of public telecommunications services;

enterprise means an "enterprise" as defined in Article 1.3 (Definitions of General Application) and includes a branch of an enterprise;

enterprise of another Party means both an enterprise constituted or organized under the law of another Party and an enterprise owned or controlled by a person of another Party;

essential facilities means facilities of a public telecommunications network or service that:

(a) are exclusively or predominantly provided by a single or limited number of suppliers, and

(b) cannot feasibly be economically or technically substituted in order to supply a service;

information service means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service;

interconnection means linking with suppliers providing public telecommunications services in order to allow the users of one supplier to communicate with users of another supplier and to access services provided by another supplier;

leased circuits means telecommunications facilities between two or more designated points that are set aside for the dedicated use of or availability to a particular customer or other users of the customer's choosing;

major supplier means a supplier of public telecommunications services that has the ability to materially affect the terms of participation (having regard to price and supply) in the relevant market for public telecommunications services as a result of:

(a) control over essential facilities or

(b) use of its position in the market;

network element means a facility or equipment used in supplying a public telecommunications service, including features, functions, and capabilities provided by means of such facility or equipment;

non-discriminatory means treatment no less favorable than that accorded to any other user of like public telecommunications services in like circumstances;

number portability means the ability of end-users of public telecommunications services to retain, at the same location, the same telephone numbers without impairment of quality, reliability, or convenience when switching between like suppliers of public telecommunications services;

private network means a telecommunications network that is used exclusively for intra-enterprise communications;

public telecommunications network means telecommunications infrastructure which a Party requires to provide public telecommunications services between defined network termination points;

public telecommunications service means any telecommunications service that a Party requires, explicitly or in effect, to be offered to the public generally. Such services may include, inter alia, telephone and data transmission typically involving customer-supplied information between two or more points without any end-to-end change in the form or content of the customer's information, but does not include information services;

reference interconnection offer means an interconnection offer extended by a major supplier and filed with or approved by a telecommunications regulatory body that is sufficiently detailed to enable a supplier of public telecommunications services that is willing to accept its rates, terms, and conditions to obtain interconnection without having to engage in negotiations with the major supplier;

telecommunications means the transmission and reception of signals by any electromagnetic means, including by photonic means;

telecommunications regulatory body means a national body responsible for the regulation of telecommunications; and

user means an end-user or a supplier of public telecommunications services.

Chapter Fifteen. Electronic Commerce

Article 15.1. General

1. The Parties recognize the economic growth and opportunity that electronic commerce provides, the importance of avoiding barriers to its use and development, and the applicability of the WTO Agreement to measures affecting electronic commerce.

2. For greater certainty, nothing in this Chapter shall be construed to prevent a Party from imposing internal taxes or other internal charges on the domestic sale of digital products, provided that such taxes or charges are imposed in a manner consistent with this Agreement.

Article 15.2. Electronic Supply of Services

For greater certainty, the Parties affirm that measures affecting the supply of a service delivered or performed electronically fall within the scope of the obligations contained in the relevant provisions of Chapters Ten (Investment), Eleven (Cross-Border Trade in Services), and Twelve (Financial Services), subject to any exceptions or non-conforming measures set out in this Agreement that are applicable to such obligations.

Article 15.3. Digital Products

1. No Party may apply customs duties, fees, or other charges on or in connection with the importation or exportation of digital products by electronic transmission.

2. For purposes of determining applicable customs duties, each Party shall determine the customs value of an imported carrier medium bearing a digital product based on the cost or value of the carrier medium alone, without regard to the cost or value of the digital product stored on the carrier medium.

3. No Party may accord less favorable treatment to some digital products than it accords to other like digital products:

(a) on the basis that

(i) the digital products receiving less favorable treatment are created, produced, published, stored, transmitted, contracted for, commissioned, or first made available on commercial terms outside its territory, or

(ii) the author, performer, producer, developer, or distributor of such digital products is a person of another Party or a non-Party, or

(b) so as otherwise to afford protection to other like digital products that are created, produced, published, stored, transmitted, contracted for, commissioned, or first made available on commercial terms in its territory.

4. (a) No Party may accord less favorable treatment to digital products created, produced, published, stored, transmitted, contracted for, commissioned, or first made available on commercial terms in the territory of another Party than it accords to like digital products created, produced, published, stored, transmitted, contracted for, commissioned, or first made available on commercial terms in the territory of a non-Party.

(b) No Party may accord less favorable treatment to digital products whose author, performer, producer, developer, or distributor is a person of another Party than it accords to like digital products whose author, performer, producer, developer, or distributor is a person of a non-Party.

5. Paragraphs 3 and 4 do not apply to measures adopted or maintained in accordance with Articles 10.13 (Non-Conforming Measures), 11.6 (Non-Conforming Measures), and 12.9 (Non-Conforming Measures).

Article 15.4. Transparency

Each Party shall publish or otherwise make publicly available its laws, regulations, and other measures of general application that pertain to electronic commerce.

Article 15.5. Consumer Protection

1. The Parties recognize the importance of maintaining and adopting transparent and effective measures to protect consumers from fraudulent and deceptive commercial practices when they engage in electronic commerce.

2. The Parties recognize the importance of cooperation between their respective national consumer protection agencies on activities related to cross-border electronic commerce in order to enhance consumer protection.

Article 15.6. Authentication

No Party may adopt or maintain legislation for electronic authentication that would:

(a) prohibit parties to an electronic transaction from mutually determining the appropriate authentication methods for that transaction; or

(b) prevent parties from having the opportunity to establish before judicial or administrative authorities that their electronic transaction complies with any legal requirements with respect to authentication.

Article 15.7. Paperless Trade Administration

1. Each Party shall endeavor to make all trade administration documents available to the public in electronic form.

2. Each Party shall endeavor to accept trade administration documents submitted electronically as the legal equivalent of the paper version of such documents.

Article 15.8. Definitions

For purposes of this Chapter:

authentication means the process or act of establishing the identity of a party to an electronic communication or transaction or ensuring the integrity of an electronic communication;

carrier medium means any physical object designed principally for use in storing a digital product by any method now known or later developed, and from which a digital product can be perceived, reproduced, or communicated, directly or indirectly, and includes, but is not limited to, an optical medium, a floppy disk, or a magnetic tape;

digital products means computer programs, text, video, images, sound recordings, and other products that are digitally encoded, regardless of whether they are fixed on a carrier medium or transmitted electronically; (1)

electronic transmission or transmitted electronically means the transfer of digital products using any electromagnetic or photonic means; and

trade administration documents means forms that a Party issues or controls that must be completed by or for an importer or exporter in connection with the import or export of goods.

(1) For greater certainty, digital products do not include digitized representations of financial instruments, including money.

Chapter Sixteen. Intellectual Property Rights

Article 16.1. General Provisions

1. Each Party shall, at a minimum, give effect to this Chapter.

International Agreements

2. Each Party shall ratify or accede to the following agreements by the date of entry into force of this Agreement:

(a) the Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite (1974);

(b) the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (1977), as amended in 1980;

(c) the WIPO Copyright Treaty (1996); and

(d) the WIPO Performances and Phonograms Treaty (1996).

3. Each Party shall ratify or accede to the following agreements by January 1, 2008, or the date of entry into force of this Agreement, whichever is later:

(a) the Patent Cooperation Treaty (1970), as amended in 1979;

(b) the Trademark Law Treaty (1994); and

(c) the International Convention for the Protection of New Varieties of Plants (1991) (UPOV Convention).

4. Except as otherwise provided in Annex 16.1, each Party shall make all reasonable efforts to ratify or accede to the following agreements:

(a) the Patent Law Treaty (2000);

(b) the Hague Agreement Concerning the International Registration of Industrial Designs (1999); and

(c) the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (1989).

5. Nothing in this Chapter shall be construed to prevent a Party from adopting measures necessary to prevent anticompetitive practices that may result from the abuse of the intellectual property rights set forth in this Chapter, provided that such measures are consistent with this Chapter.

6. Further to Article 1.2 (Relation to Other Agreements), the Parties affirm their existing rights and obligations under the TRIPS Agreement and intellectual property agreements concluded or administered under the auspices of the World Intellectual Property Organization (WIPO) to which they are party. More Extensive Protection and Enforcement

7. A Party may, but shall not be obliged to, implement in its domestic law more extensive protection and enforcement of intellectual property rights than is required under this Chapter, provided that such protection and enforcement do not contravene this Chapter.

National Treatment

8. In respect of all categories of intellectual property covered in this Chapter, each Party shall accord to nationals 1 of the other Parties treatment no less favorable than it accords to its own nationals with regard to the protection 2 and enjoyment of such intellectual property rights and any benefits derived from such rights.

9. A Party may derogate from paragraph 8 in relation to its judicial and administrative procedures, including requiring a national of the other Party to designate an address for service of process in its territory, or to appoint an agent in its territory, provided that such derogation is necessary to secure compliance with laws and regulations that are not inconsistent with this Chapter and is not applied in a manner that would constitute a disguised restriction on trade.

10. Paragraph 8 does not apply to procedures provided in multilateral agreements to which the Parties are party concluded under the auspices of the WIPO in relation to the acquisition or maintenance of intellectual property rights.

Application of this Agreement to Existing Subject Matter and Prior Acts

11. Except as it provides otherwise, including in Article 16.7.2, this Chapter gives rise to obligations in respect of all subject matter existing at the date of entry into force of this Agreement that is protected on that date in the territory of the Party where protection is claimed, or that meets or comes subsequently to meet the criteria for protection under this Chapter.

  • 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