The objectives of this Chapter are to:
(a) facilitate and increase trade in goods by preventing and eliminating unnecessary barriers to trade between the Parties, which may arise as a result of the preparation, adoption and application of technical regulations, standards and conformity assessment procedures;
(b) strengthen cooperation between the Parties, with a view to promoting and facilitating the bilateral trade through the establishment of a mechanism of information exchange and enhancing mutual understanding of each Party's regulatory system;
(c) effectively solve the relevant problems arising from bilateral trade; and (d) improve the implementation of the TBT Agreement.

Article 69. Scope

This Chapter applies to all technical regulations, standards and conformity assessment procedures of a Party that may, directly or indirectly, affect trade in goods between the Parties, except SPS measures which are covered by Chapter 6 (Sanitary and Phytosanitary Measures), or purchasing specifications prepared by governmental bodies for production or consumption requirements of governmental bodies.

Article 70. Definitions

The definitions contained in Annex 1 of the TBT Agreement shall apply to this Chapter.

Article 71. Reaffirmation of Rights and Obligations

The Parties reaffirm their existing rights and obligations under the TBT Agreement. Nothing in this Chapter shall prevent a Party from adopting or maintaining technical regulations, standards and conformity assessment procedures in accordance with its rights and obligations under the TBT Agreement.

Article 72. Technical Regulations

1. The Parties agree to use relevant international standards as a basis for technical regulations, except when such international standards would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives pursued.
2. Each Party shall give positive consideration to accepting as equivalent technical regulations of the other Party, even if these regulations differ from their own, provided that they are satisfied that these regulations adequately fulfil the objectives of their own regulations.
3. The Parties recognize the importance of applying good regulatory practice under the TBT Agreement, taking into consideration the decisions and recommendations adopted by the WTO Committee on Technical Barriers to Trade (hereinafter "WTO/TBT Committee").

Article 73. Standards

1. The Parties reaffirm their obligations to ensure that their central government standardizing bodies accept and comply with the Code of Good Practice for the Preparation, Adoption and Application of Standards in Annex 3 to the TBT Agreement.
2. The Parties agree to coordinate and, whenever possible, support each other in international standardization activities.
3. The Parties commit to strengthen cooperation between standardization bodies of each Party, including but not limited to exchange of information and experience.
4. The Parties shall ensure the application of the principles set out in the Decisions of the Committee on Principles for the Development of International Standards, Guides and Recommendations with relation to Articles 2, 5 and Annex 3 of the Agreement, adopted by WTO/TBT Committee, since 1st January 1995 (G/TBT/1/Rev. 9, 8 September 2008).

Article 74. Conformity Assessment Procedures

1. The Parties recognize that a broad range of mechanisms exists to facilitate the acceptance of conformity assessment procedures and the results thereof.
2. The Parties agree to exchange information on conformity assessment procedures, including testing, inspection, certification, accreditation and metrology, with a view to negotiating cooperation agreements in the field of conformity assessment procedures in a manner consistent with the provisions of the TBT Agreement and the relevant domestic legislation of the Parties.
3. When cooperating in conformity assessment, the Parties shall take into consideration their participation in the International Laboratory Accreditation Cooperation (ILAC), the International Bureau of Weights and Measures (BIPM), the International Organization of Legal Metrology (OIML) and other relevant international organizations.
4. In case that a compulsory conformity assessment procedure is required, upon request of one Party, the other Party undertakes to provide in English the list of products which are subject to these procedures.
5. The Parties agree to encourage their conformity assessment bodies to work closer with a view to facilitating the acceptance of conformity assessment results between both Parties.

Article 75. Transparency

1. The Parties shall notify each other electronically through their respective WTO/TBT Enquiry Points of their proposed TBT measures at the same time as they submit notifications to the WTO Secretariat in accordance with the TBT Agreement. Each Party shall allow at least 60 days for the other Party to present comments on any notifications except where risks to health, safety and the environment arising or threatening to arise warrant urgent actions. Each Party shall provide, upon request, the full text of its notified TBT measures to the other Party within 5 working days after receiving the written request. This comment period is encouraged to be extended when the WTO/TBT Committee recommends a longer period.
2. Each Party should take the comments of the other Party into due consideration, and upon request of the other Party, provide additional information during the comments period, with a view to clarifying the draft measure.
3. The Parties agree to strengthen information exchange cooperation between their WTO/TBT Enquiry Points, including sharing available translated English versions of the full texts of the TBT measures notified as well as relevant information, within 5 working days after the request.
4. The Parties shall ensure that all adopted technical regulations and conformity assessment procedures are published and available to the other Party upon request and at no cost.

Article 76. Technical Cooperation

1. The Parties agree that collaboration between the competent authorities responsible for TBT matters is important to facilitate bilateral trade. The Parties undertake to cooperate in the following fields:
(a) to increase the mutual understanding of their respective systems by intensifying communication and collaboration between the competent authorities in respect of technical regulations, standards, conformity assessment procedures and good regulatory practice of each other;
(b) to strengthen cooperation, communication and, whenever possible, coordinate positions in the activities of the relevant international organizations and the WTO/TBT Committee;
(c) to exchange information and experiences on port inspection and market surveillance;
(d) to notify the exporting Party in a timely manner of any possibly emerging problems of products imported from the exporting Party, the measure to be taken and its justifications, through the contact points established in Annex 6 (Contact Points for Technical Barriers to Trade); and
(e) to take measures to prevent and correct risk situations in bilateral trade of products, including encouraging their competent authorities to enhance cooperation and sign cooperative agreements if needed.
2. Both Parties agree to encourage their WTO/TBT Enquiry Points to work in the following areas:
(a) providing assistance in English translation;
(b) providing information for specific products; and (c) providing information on relevant regulations and documents.

Article 77. Committee on Technical Barriers to Trade

1. The Parties hereby establish a Committee on Technical Barriers to Trade (hereinafter "TBT Committee") in order to achieve the objectives set in this Chapter, comprising representatives of each Party.
2. The TBT Committee shall convene its first meeting not later than 1 year after the date of entry into force of this Agreement and meet once every 2 years or at any time agreed by the Parties, in presence or through teleconference, videoconference, or any other means agreed by the Parties.
3. At its first meeting, the TBT Committee shall establish rules of procedures to guide its operation.
4. The TBT Committee shall have the following functions:
(a) to facilitate and monitor the implementation and administration of this Chapter;
(b) to address important issues that a Party raises related to the development, adoption, application of technical regulations and conformity assessment procedures;
(c) to facilitate the exchange of information on technical regulations, standards and conformity assessment procedures and strengthen cooperation in these fields;
(d) to explore ways for trade facilitation between the Parties;
(e) to review this Chapter in light of developments of the TBT Agreement; and
(f) other functions mutually agreed by the Parties.
5. The TBT Committee shall be coordinated by:
(a) in the case of China, the Department of International Cooperation of the General Administration of Quality Supervision, Inspection and Quarantine, or its successor; and
(b) in the case of Costa Rica, the Directorate for the Application of International Trade Agreements of the Ministry of Foreign Trade (Dirección de Aplicación de Acuerdos Comerciales Internacionales del Ministerio de Comercio Exterior), or its successor.
6. In order to facilitate daily communication, the Parties designate contact points in the competent authorities. For detailed information, see Annex 6 (Contact Points for Technical Barriers to Trade).

Chapter 8. Trade Remedies

Article 78. Global Safeguard Measures

1. Each Party maintains its rights and obligations under Article XIX of GATT 1994 and the Safeguards Agreement.
2. Neither Party may apply, with respect to the same product, at the same time:
(a) a bilateral safeguard measure; and
(b) a measure under Article XIX of GATT 1994 and the Safeguards Agreement. Bilateral Safeguard Measures

Article 79. Imposition of a Bilateral Safeguard Measure

1. If, as a result of the reduction or elimination of a duty provided for in this Agreement, an originating product benefiting from preferential tariff treatment under this Agreement is being imported into the territory of a Party in such increased quantities, in absolute terms or relative to domestic production and under such conditions as to constitute a substantial cause of serious injury or threat thereof, to a domestic industry producing a like or directly competitive product, the importing Party may impose a safeguard measure described in paragraph 2, during the transition period only.
2. If the conditions in paragraph 1 are met, a Party may to the extent necessary to prevent or remedy serious injury, or threat thereof, and to facilitate adjustment:
(a) suspend the further reduction of any rate of duty provided for under this Agreement on the product; or (b) increase the rate of duty on the product to a level not to exceed the lesser of:
(i) the most-favoured-nation (hereinafter "MFN") applied rate of duty in effect at the time the measure is applied; or
(ii) the MFN applied rate of duty in effect on the date of entry into force of this Agreement. (4)
3. If an originating product is imported into the territory of a Party in such increased quantities, in absolute terms or relative to domestic production and under such conditions as to cause material retardation of the establishment of a domestic industry producing a like or directly competitive product, the importing Party may impose a safeguard measure that may consist in an increase of the rate of duty on the product to a level not to exceed the MFN applied rate of duty in effect at the time the measure is applied. (5)

Article 80. Standards for a Definitive Bilateral Safeguard Measure

1. Neither Party may maintain a safeguard measure:
(a) except to the extent and for such time as may be necessary to prevent or remedy serious injury or threat thereof or material retardation, and to facilitate adjustment or establishment, as the case may be;
(b) for a period exceeding 1 year; except that the period may be extended up to 3 years if the competent authorities determine, in conformity with the procedures set out in Article 81 (Investigation Procedures and Transparency Requirements), that the safeguard measure continues to be necessary to prevent or remedy serious injury or threat thereof or material retardation and to facilitate adjustment or establishment, and that there is evidence that the industry is adjusting or establishing, as the case may be.
2. In order to facilitate adjustment or establishment in a situation where the expected duration of a safeguard measure is over 1 year, the Party applying the measure shall progressively liberalize it at regular intervals during the period of application.
3. Regardless of its duration, such measure shall terminate at the end of the transition period or at the end of the period defined in footnote 5 of Article 79 (Imposition of a Bilateral Safeguard Measure), as the case may be.
4. No safeguard measure shall be applied to the import of a product that has previously been subject to such a measure, unless a period of time equal to half of that during which the safeguard measure was applied for the immediately preceding period has elapsed. 5. On the termination of a safeguard measure, the rate of duty shall be the duty set out in the Party's Schedule attached to Annex 2 (Tariff Elimination) of this Agreement as if the safeguard measure has never been applied. 5 This provision is only applicable for a period of 7 years from the date of entry into force of this Agreement.

Article 81. Investigation Procedures and Transparency Requirements

1. A Party shall apply a safeguard measure only following an investigation by the Party's competent authority in accordance with Articles 3 and 4.2(c) of the Safeguards Agreement; to this end, Articles 3 and 4.2(c) of the Safeguards Agreement are incorporated into and made part of this Agreement, mutatis mutandis.
2. In determining whether increased imports of an originating product of the other Party have caused serious injury or are threatening to cause serious injury to a domestic industry, the competent authority of the importing Party shall follow the rules in Article 4.2(a) and Article 4.2(b) of the Safeguards Agreement; to this end, Article 4.2(a) and Article 4.2(b) of the Safeguards Agreement are incorporated into and made part of this Agreement, mutatis mutandis.

Article 82. Provisional Bilateral Safeguard Measures

1. In critical circumstances where delay would cause damage which it would be difficult to repair, a Party may apply a provisional safeguard measure pursuant to a preliminary determination that there is clear evidence that the increased imports have caused or are threatening to cause serious injury or material retardation to a domestic industry.
2. The duration of the provisional safeguard measure shall not exceed 200 days. Such a measure should take any of the forms set out in Article 79.2(b) (Imposition of a Bilateral Safeguard Measure) or 79.3 of this Section during which period the pertinent requirements of Article 79 (Imposition of a Bilateral Safeguard Measure) and Article 81 (Investigation Procedures and Transparency Requirements) shall be met. The guarantees or the received funds arising from the imposition of a provisional safeguard measure shall be promptly released or refunded, as it corresponds, when the investigation does not determine that increased imports have caused or threaten to cause serious injury or material retardation to a domestic industry. The duration of any such provisional safeguard measure shall be counted as a part of the initial period and any extension of a definitive safeguard measure.

Article 83. Notification and Consultation

1. A Party shall promptly notify the other Party, in writing, when:
(a) initiating an investigation under this Section;
(b) applying a provisional measure;
(c) making a finding of serious injury or threat thereof, or material retardation caused by increased imports; (d) taking a decision to impose or extend a definitive safeguard measure; and
(e) taking a decision to modify a measure previously imposed.
2. In making the notifications referred to in subparagraphs (d) and (e) of paragraph 1, the Party applying the measure shall provide the other Party a copy of the public version of the finding and all pertinent information, such as a precise description of the product involved, the proposed measure, the grounds for introducing such a measure, the proposed date of introduction and its expected duration. The notifying Party shall provide a courtesy non-official English translation of the notification.
3. On request of a Party whose product is subject to a safeguard proceeding under this Section, the Party conducting that proceeding shall enter into consultations with the other Party to review a notification under paragraph 1 or any public notice or report that the competent authority has issued in connection with the proceeding.
4. Consultations may be held in person or by any technological means available to the Parties.

Article 84. Compensation and Suspension of Concessions

1. A Party applying a safeguard measure shall, in consultation with the other Party, provide to the other Party mutually-agreed trade liberalizing compensation in the form of concessions having substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the measure. The Party applying the safeguard measure shall provide opportunity for such consultations no later than 30 days after the application of the measure.
2. If the Parties are unable to reach agreement on compensation within 30 days after the commencement of consultations, the exporting Party may suspend the application of substantially equivalent concessions to the trade of the Party applying the safeguard measure.
3. A Party shall notify the other Party in writing at least 30 days before suspending concessions under paragraph 2.
4. The obligation to provide compensation under paragraph 1 and the right to suspend substantially equivalent concessions under paragraph 2 shall terminate on the date of the termination of the safeguard measure.

Article 85. Definitions

For purposes of this Section: competent authority means:
(a) in the case of China, the Ministry of Commerce, or its successor; and
(b) in the case of Costa Rica, the Trade Remedies Department of the Ministry of Economy, Industry and Commerce (Departamento de Defensa Comercial del Ministerio de Economía, Industria y Comercio), or its successor;
directly competitive product refers to the product which, having different physical characteristics and composition to those of the imported product, fulfils the same functions of the latter, satisfies the same needs, and is commercially substitutable;
domestic industry means, with respect to an imported product, the producers as a whole of the like or directly competitive product or those producers whose collective production of the like or directly competitive product constitutes a major proportion of the total domestic production of such product;
like product refers to the identical product, that is, the product that is the same in all aspects as the imported product, or in the absence of such a product, to another product which, in spite of not being the same in all aspects, has characteristics closely resembling to those of the imported product;
safeguard measure means a safeguard measure described in paragraph 2 and 3 of Article 79 (Imposition of a Bilateral Safeguard Measure);
serious injury means a significant overall impairment in the position of a domestic industry;
substantial cause means a cause which is important and not less than any other cause;
threat of serious injury means serious injury that, on the basis of facts and not merely on allegation, conjecture, or remote possibility, is clearly imminent; and
transition period, means the 7 year period beginning on the date of entry into force of this Agreement, except in the case of a product where the liberalization process lasts 7 or more years, the transition period shall be equal to the tariff elimination period according to the schedules attached to Annex 2 (Tariff Elimination) of this Agreement. Antidumping and Countervailing Measures

Article 86. Antidumping and Countervailing Measures

1. Except as otherwise provided in this Section, the Parties agree to abide fully by the provisions of the WTO Agreement on Implementation of Article VI of the GATT 1994 and the WTO Agreement on Subsidies and Countervailing Measures.
2. The Parties agree to observe the following practices in anti-dumping cases between them:
(a) immediately following the receipt of a properly documented application from an industry in one Party for the initiation of an anti-dumping duty investigation in respect of products from the other Party, the Party that has received the properly documented application shall immediately notify the other Party of the receipt of the application;
(b) during any anti-dumping investigation involving the Parties, the Parties agree to include a courtesy non-official translation to the English language of all notification letters between the Parties;
(c) a Party's investigating authority shall take due account of any difficulties experienced by one or more exporters of the other Party in supplying information requested and provide any assistance practicable; on request of an exporter of the other Party, a Party's investigating authority shall make available the timeframes, procedures and any documents necessary for the offering of an undertaking.
3. For purposes of this Section, investigating authority is:
(a) for China, Ministry of Commerce, or its successor; and
(b) for Costa Rica, the Trade Remedies Department of the Ministry of Economy, Industry and Commerce (Departamento de Defensa Comercial del Ministerio de Economía, Industria y Comercio), or its successor. Dispute Settlement

Article 87. Dispute Settlement

The actions taken in accordance with Article XIX of the GATT 1994, the Safeguards Agreement, the WTO Agreement on Implementation of Article VI of the GATT 1994 and the WTO Agreement on Subsidies and Countervailing Measures shall not be subject to the provisions of Chapter 14 (Dispute Settlement) of this Agreement. Cooperation

Article 88. Cooperation

The Parties may establish a cooperation mechanism between the investigation authorities of each Party to ensure that they have a clear understanding of the practices adopted by the other Party in trade remedies investigations.

Chapter 9. Investment, Trade In Services and Temporary Entry of Business Persons

Article 89. Investment

The Parties reaffirm their commitments under the Agreement between the Government of the People's Republic of China and the Government of the Republic of Costa Rica on the Promotion and Protection of Investments, signed in Beijing, on 24th October 2007. 

Section B. Trade In Services (6) 

Article 90. Definitions

For purposes of this Section:
1. trade in services means the supply of a service:
(a) from the territory of a Party into the territory of the other Party;
(b) in the territory of a Party to a service consumer of the other Party;
(c) by a service supplier of a Party, through commercial presence in the territory of the other Party; or
(d) by a service supplier of a Party, through presence of natural persons of a Party in the territory of the other Party;
2. juridical person means a legal entity constituted or organized under applicable law, whether or not for profit, and whether privately or governmentally owned, including a corporation, trust, partnership, sole proprietorship, joint venture or association;
3. juridical person is:
(a) "owned" by persons of a Party if more than 50 percent of the equity in it is beneficially owned by persons of that Party;
(b) "controlled" by persons of a Party if such persons have the power to name a majority of its directors or otherwise to legally direct its actions; 6 Nothing in this Section shall be subject to the investor-State dispute settlement procedure established in the Agreement between the Government of the People's Republic of China and the Government of the Republic of Costa Rica on the Promotion and Protection of Investments. 4. service supplier of a Party means any person that supplies a service; (7)
5. measure means any measure by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative action, or any other form;
6. supply of a service includes the production, distribution, marketing, sale and delivery of a service;
7. commercial presence means any type of business or professional establishment, including through:
(a) the constitution, acquisition or maintenance of a juridical person, or
(b) the creation or maintenance of a branch or a representative office, within the territory of a Party for the purpose of supplying a service.

Article 91. Scope and Coverage

1. This Section applies to measures adopted or maintained by a Party affecting trade in services. Such measures include measures affecting: (a) the purchase or use of, or payment for, a service; (b) the access to and use of, in connection with the supply of a service, services which are required by the Parties to be offered to the public generally; or (c) the presence, including commercial presence, of persons of a Party for the supply of a service in the territory of the other Party.
2. For purposes of this Section, measures adopted or maintained by a Party means measures adopted or maintained by:
(a) central, regional or local governments and authorities; and
(b) non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities.
3. This Section does not apply to:
(a) government procurement; 
(b) air services, 8 including domestic and international air transportation services, whether scheduled or non-scheduled, and related services in support of air services, other than:
(i) aircraft repair and maintenance services;
(ii) the selling and marketing of air transport services; and
(iii) computer reservation system (CRS) services;
(c) subsidies or grants provided by a Party, including government supported loans, guarantees and insurance;
(d) national maritime cabotage and internal waterways cabotage; and
(e) financial services.
4. This Section does not impose any obligation on a Party with respect to a natural person of the other Party seeking access to its employment market, or employed on a permanent basis in its territory, and does not confer any right on that natural person with respect to that access or employment.
5. This Section does not apply to services supplied in the exercise of governmental authority in a Party's territory. A service supplied in the exercise of governmental authority means any service which is supplied neither on a commercial basis, nor in competition with one or more service suppliers.
6. Nothing in this Section shall prevent a Party from applying measures to regulate the entry of natural persons of the other Party into, or their temporary stay in, its territory, including those measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across its borders, provided that such measures are not applied in such a manner as to nullify or impair the benefits accruing to the other Party under the terms of this Section.(9)

Article 92. National Treatment

1. In the sectors inscribed in its Schedule of Specific Commitments, and subject to any conditions and qualifications set out therein, each Party shall accord to services and service suppliers of the other Party, in respect of all measures affecting the supply of services, treatment no less favourable than that it accords to its own like services and service suppliers. (10)

2. A Party may meet the requirement of paragraph 1 by according to services and service suppliers of the other Party, either formally identical treatment or formally different treatment to that it accords to its own like services and service suppliers.

3. Formally identical or formally different treatment shall be considered to be less favourable if it modifies the conditions of competition in favour of services or service suppliers of the Party compared to like services or service suppliers of the other Party.

Article 93. Market Access

1. With respect to market access through the modes of supply identified in paragraph 1 of Article 90 (Definitions), each Party shall accord to services and service suppliers of the other Party treatment no less favourable than that provided for under the terms, limitations and conditions agreed and specified in its Schedule of Specific Commitments. (11)
2. In sectors where market access commitments are undertaken, the measures which a Party shall not maintain or adopt either on the basis of a regional subdivision or on the basis of its entire territory, unless otherwise specified in its Schedule of Specific Commitments, are defined as:
(a) limitations on the number of service suppliers whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirements of an economic needs test;
(b) limitations on the total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test;
(c) limitations on the total number of service operations or on the total quantity of service output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test; (12)
(d) limitations on the total number of natural persons that may be employed in a particular service sector or that a service supplier may employ and who are necessary for, and directly related to, the supply of a specific service in the form of numerical quotas or the requirement of an economic needs test;
(e) measures which restrict or require specific types of legal entity or joint venture through which a service supplier may supply a service; or
(f) limitations on the participation of foreign capital in terms of maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.

Article 94. Additional Commitments

The Parties may negotiate commitments with respect to measures affecting trade in services not subject to scheduling under Article 92 (National Treatment) or Article 93 (Market Access), including those regarding qualifications, standards or licensing matters. Such commitments shall be inscribed in a Party's Schedule of Specific Commitments.

Article 95. Schedule of Specific Commitments

1. Each Party shall set out in a schedule the specific commitments it undertakes under Article 92 (National Treatment), Article 93 (Market Access), and Article 94 (Additional Commitments). With respect to sectors where such commitments are undertaken, each schedule shall specify:
(a) terms, limitations and conditions on market access;
(b) conditions and qualifications on national treatment;
(c) undertakings relating to additional commitments referred to in Article 94 (Additional Commitments); and (d) where appropriate, the time-frame for implementation of such commitments and the date of entry into force of such commitments.
2. Measures inconsistent with both Article 92 (National Treatment) and Article 93 (Market Access) shall be inscribed in the column relating to Article 93 (Market Access). In this case, the inscription will be considered to provide a condition or qualification to Article 92 (National Treatment) as well.
3. The Parties' schedules of specific commitments are set out in Annex 7 (Schedules of Specific Commitments). The Annex 7 (Schedules of Specific Commitments) attached to this Agreement forms an integral part of this Section.

Article 96. Domestic Regulation

1. In sectors where specific commitments are undertaken, each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.
2. Each Party shall maintain or institute as soon as practicable judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected service supplier of the other Party, for the prompt review of, and where justified, appropriate remedies for, administrative decisions affecting trade in services. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Party shall ensure that the procedures in fact provide for an objective and impartial review.
3. Where authorization is required for the supply of a service on which a specific commitment has been made, the competent authorities of a Party shall, within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application. At the request of the applicant, the competent authorities of the Party shall provide, without undue delay, information concerning the status of the application.
4. With a view to ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements do not constitute unnecessary barriers to trade in services, each Party shall aim to ensure that such measures are:
(a) based on objective and transparent criteria, such as competence and the ability to supply the service;
(b) not more burdensome than necessary to ensure the quality of the service; and
(c) in the case of licensing procedures, not in themselves a restriction on the supply of the service.
5. If the results of the negotiations related to Article VI.4 of GATS (or the results of any similar negotiations undertaken in other multilateral fora in which both Parties participate) enter into effect, this Article shall be amended, as appropriate, after consultations between the Parties, to bring those results into effect under this Agreement. The Parties agree to coordinate on such negotiations, as appropriate.

Article 97. Recognition

1. For purposes of the fulfilment, in whole or in part, of its standards or criteria for the authorization, licensing or certification of services suppliers, and subject to the requirements of paragraph 3, a Party may recognize the education or experience obtained, requirements met, or licenses or certifications granted in the other Party or a non-Party. Such recognition, which may be achieved through harmonization or otherwise, may be based upon an agreement or arrangement with the other Party or a non-Party concerned or may be accorded autonomously.
2. A Party that is a party to an agreement or arrangement of the type referred to in paragraph 1, whether existing or future, shall afford adequate opportunity for the other Party, if the other Party is interested, to negotiate its accession to such an agreement or arrangement or to negotiate comparable ones with it. Where a Party accords recognition autonomously, it shall afford adequate opportunity for the other Party to demonstrate that education, experience, licences or certifications obtained or requirements met in that other Party's territory should be recognised.
3. A Party shall not accord recognition in a manner which would constitute a means of discrimination between countries in the application of its standards or criteria for the authorization, licensing or certification of services suppliers, or a disguised restriction on trade in services.
4. Each Party should encourage the relevant bodies in its respective territory to develop mutually acceptable standards and criteria for licensing, temporary licensing and certification of professional services suppliers through future negotiations.

Article 98. Transfers and Payments

1. Each Party shall permit transfers and payments for current transactions relating to its specific commitments to be made freely and without delay into and out of its territory.
2. Each Party shall permit such transfers and payments relating to the supply of services to be made in a freely usable currency at the market rate of exchange prevailing on the date of transfer.
3. Notwithstanding paragraphs 1 and 2, a Party may prevent or delay a transfer or payment through the equitable, non-discriminatory and good faith application of its laws relating to:
(a) bankruptcy, insolvency or the protection of the rights of creditors;
(b) issuing, trading or dealing in securities, futures, options, or derivatives;
(c) financial reporting or record keeping of transfers when necessary to assist law enforcement or financial regulatory authorities;
(d) criminal or penal offences; or
(e) ensuring compliance with orders or judgments in judicial or administrative proceedings.
4. Nothing in this Section shall affect the rights and obligations of the members of the International Monetary Fund under the Articles of Agreement of the Fund, including the use of exchange actions which are in conformity with the Articles of Agreement, provided that a Member shall not impose restrictions on any capital transactions inconsistently with its specific commitments under this Section regarding such transactions, except under Article 163 (Restrictions to Safeguard the Balance of Payments) or at the request of the Fund.

Article 99. Denial of Benefits

1. A Party may deny the benefits of this Section to:
(a) service suppliers of the other Party where the service is being supplied by a juridical person that is owned or controlled by persons of a non-Party and the juridical person has no substantive business operations in the territory of the other Party; or
(b) service suppliers of the other Party where the service is being supplied by a juridical person that is owned or controlled by persons of the denying Party and the juridical person has no substantive business operations in the territory of the other Party.
2. Upon a written request of the other Party, the denying Party shall inform in writing and consult with the other Party on the specific case of denial as referred to in paragraph 1 of this Article.

Article 100. Transparency

Further to Chapter 12 (Transparency):
(a) each Party shall maintain or establish appropriate mechanisms for responding to inquiries from interested persons of a Party regarding its laws and regulations relating to the subject matter of this Section; (b) at the time it adopts final laws and regulations relating to the subject matter of this Section, each Party shall, to the extent possible, including upon request, take into consideration substantive comments received from interested persons of a Party with respect to the proposed laws and regulations; and
(c) to the extent possible, each Party shall allow a reasonable period of time between publication of final laws and regulations and their effective date.

Article 101. Implementation and Review

The Parties shall consult annually, or as otherwise agreed, to review the implementation of this Section and consider other matters of mutual interest affecting trade in services.

Section C. Temporary Entry of Business Persons （13）

Article 102. General Principles

1. This Section reflects the preferential trading relationship between the Parties, the mutual objective to facilitate temporary entry of business persons in accordance with their domestic laws and regulations and Annex 7 (Schedules of Specific Commitments), the need to establish transparent criteria and procedures for temporary entry and the need to ensure border security and to protect the domestic labour force and permanent employment in their respective territories.
2. Nothing in this Section shall be construed to prevent a Party from applying measures to regulate the entry of natural persons of the other Party into, or their temporary stay in its territory, including those measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across its borders, provided that such measures are not applied in such a manner as to nullify or impair the benefits accruing to the other Party under the terms of a specific commitment (14) or investment activities.
3. This Section shall not apply to measures affecting natural persons seeking access to the employment market of a Party, nor shall it apply to measures regarding citizenship, nationality, permanent residence, or employment on a permanent basis.

Article 103. Grant of Temporary Entry

Each Party shall grant temporary entry to business persons who comply with immigration measures applicable to temporary entry and other related measures, such as those relating to public health and safety and national security, in accordance with this Chapter.

Article 104. Transparency

1. Each Party shall:
(a) no later than 6 months after the date of entry into force of this Agreement, make available explanatory material regarding the requirements for temporary entry under this Section in such a manner as to enable business persons of the other Party to become acquainted with them; and 
(b) establish or maintain appropriate mechanisms to respond to inquiries from interested persons regarding its laws and regulations relating to the temporary entry of business persons covered by this Section.
2. Each Party shall endeavour to, within a reasonable period in accordance with its domestic laws and regulations, after an application requesting temporary entry is considered complete under its domestic laws and regulations, inform the applicant of the decision concerning the application. 

Article 105. Working Group

1. The Parties hereby establish a Working Group on Temporary Entry of Business Persons, comprising the representatives of each Party set out in Annex 8 (Working Group on Temporary Entry of Business Persons), which shall meet at least once every 3 years, unless otherwise agreed by the Parties, to consider any matter arising under this Section.
2. The Working Group's functions shall include:
(a) to review the application of this Section;
(b) to consider the development of measures to further facilitate temporary entry of business persons between the Parties;
(c) to enhance cooperation under Article 106 (Cooperation); and
(d) to address other related issues of mutual interest.

Article 106. Cooperation

Taking into account the principles set out in Article 102 (General Principles), the Parties shall:
(a) exchange information and experiences on regulations and implementation of programs and technology in the framework of migratory issues, including those related to the use of biometric technology, advanced passenger information systems, frequent passenger programs and security of travel documents;
(b) endeavour to coordinate actively in multilateral fora, in order to promote the facilitation of temporary entry of business persons;
(c) encourage capacity building and promote technical assistance among migratory authorities; and (d) endeavour to take measures to facilitate the temporary entry of business persons of the other Party in accordance with its domestic laws and regulations.

Article 107. Dispute Settlement

1. Chapter 14 (Dispute Settlement) shall not apply to this Section, except for Article 144 (Good Offices, Conciliation and Mediation), provided that:
(a) the matter involves a pattern of practice; and (b) the business person has exhausted, in accordance with the applicable domestic laws and regulations, the available administrative remedies regarding the particular matter.
2. The remedies referred to in subparagraph 1(b) shall be deemed exhausted if a final determination in the matter has not been issued by the competent authority within 1 year of the institution of an administrative proceeding, and the failure to issue a determination is not attributable to delay caused by the business person.

Article 108. Definitions

For purposes of this Chapter:
1. business person means a national of a Party who is engaged in trade in goods, trade in services or investment activities;
2. temporary entry means entry into the territory of a Party by a business person of the other Party without the intent of establishing permanent residence;
3. business visitor or business agent means a natural person of a Party who is:
(a) for China:
(i) a service seller who is a sales representative of a service supplier of that Party and is seeking temporary entry to the other Party for the purpose of negotiating the sale of services for that service supplier, where such representative will not be engaged in making direct sales to the general public or in supplying services directly;
(ii) an investor of a Party or a duly authorized representative of an investor of a Party, who is seeking temporary entry into the territory of the other Party to establish, develop, administer, expand, monitor, or dispose an investment of that investor; or
(iii) a goods seller who is seeking temporary entry to the territory of the other Party to negotiate the sale of goods where such negotiations do not involve direct sales to the general public;
(iv) temporary entry for business persons shall be granted for a period of stay up to a maximum of 6 months; (b) for Costa Rica: a business agent, travel agent or commercial delegate who is seeking temporary entry into the territory of Costa Rica to address matters related with the activities of the enterprises or juridical persons that they represent, provided that they do not receive any kind of remuneration and do not require residence to perform such activities, in the territory of Costa Rica;
4. intra-corporate transferee means a manager, an executive, or a specialist, who is a senior employee of a service supplier of a Party with a commercial presence in the territory of the other Party, as defined in Article 90 (Definitions) of Section B (Trade in Services);
5. executive means a natural person within an organization who primarily directs the management of the organization, exercises wide latitude in decision-making, and receives only general supervision or direction from higher level executives, the board of directors and/or stockholders of the business. An executive would not directly perform tasks related to the actual provision of the service nor the operation of an investment;
6. immigration measure means any law, regulation or procedure affecting the entry and sojourn of foreign nationals;
7. manager means a natural person within an organization who primarily directs the organization or a department or sub-division of the organization, supervises and controls the work of other supervisory, professional or managerial employees, has the authority to hire and fire or take other personnel actions (such as promotion or leave authorization), and exercises discretionary authority over day-to-day operations; 8. specialist means an employee within an organization who possesses knowledge at an advanced level of technical expertise, and who possesses proprietary knowledge of the organization's service, research equipment, techniques or management.

Chapter 10. Intellectual Property

Article 109. Principles

1. The Parties recognize the importance of intellectual property rights in promoting economic and social development, particularly in the globalization of technological innovation, science and trade, as well as the transfer and dissemination of knowledge and technology to the mutual advantage of technology producers and users, and agree to encourage the development of socio-economic welfare and trade.
2. The Parties recognize the need to achieve a balance between the rights of right holders of intellectual property rights and the legitimate interests of users and society with regard to protected subject matter.

Article 110. General Provisions

1. Each Party reaffirms its commitments established in existing international agreements in the field of intellectual property rights, to which both are parties, including the TRIPS Agreement.
2. Each Party shall establish and maintain transparent intellectual property rights regimes and systems that provide certainty over the protection and enforcement of intellectual property rights; and facilitate international trade through the dissemination of ideas, technology, science and creative works.
3. The Parties will prevent practices which constitute an abuse of intellectual property rights by right holders, or unreasonably restrain competition, or that may unreasonably impede or limit technology transfer.

Article 111. Genetic Resources, Traditional Knowledge and Folklore

1. The Parties recognize the contribution made by genetic resources, traditional knowledge and folklore to scientific, cultural and economic development.
2. The Parties acknowledge and reaffirm the principles and provisions established in the Convention on Biological Diversity adopted on 5th June 1992 and encourage the effort to establish a mutually supportive relationship between the TRIPS Agreement and the Convention on Biological Diversity, regarding genetic resources and the protection of traditional knowledge and folklore.
3. Subject to each Party's international obligations and domestic laws, the Parties may adopt or maintain measures to promote the conservation of biological diversity, share equitably benefits arising from the use of traditional knowledge, innovations and practices relevant to the conservation of biological diversity and the sustainable use of its components in conformity with what is established in the Convention on Biological Diversity.
4. Subject to future developments of domestic laws and the outcome of negotiations in multilateral fora, the Parties agree to further discuss the disclosure of origin or source of genetic resources; and/or prior informed consent obligations in patent applications; and the grant of a patent for an invention that involves or relies on genetic resources, when such resources were acquired or exploited without complying the relevant domestic laws or regulations.

Article 112. Intellectual Property and Public Health

1. The Parties recognise the principles established in the Doha Declaration on the TRIPS Agreement and Public Health adopted on 14th November 2001 by the Ministerial Conference of the WTO. In interpreting and implementing the rights and obligations under this Chapter, the Parties shall ensure consistency with this Declaration.
2. The Parties shall contribute to the implementation and respect the Decision of the WTO General Council of 30th August 2003 on the Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health, as well as the Protocol Amending the TRIPS Agreement, done at Geneva on 6th December 2005.

Article 113. Technical Innovation and Transfer of Technology

1. The Parties recognize the importance of technology and knowledge transfer as a tool to promote innovation and creative works in order to achieve economic growth.
2. The protection and enforcement of intellectual property rights in each Party should contribute to the promotion of technological innovation and the transfer and dissemination of technology. Subject to domestic laws and regulations, the Parties may further discuss the possibility of providing incentives to enterprises and institutions in their territories for the purpose of promoting and encouraging technology transfer to the other Party.

Article 114. Border Measures

1. Each Party shall provide that any right holder initiating procedures for suspension by the customs administrations of the release of suspected counterfeit trademark or pirated copyright goods (15) into free circulation is required to provide adequate evidence to satisfy the competent authorities that, under the laws of the country of importation, there is prima facie an infringement of the right holder's intellectual property right and to supply sufficient information to make the suspected goods readily recognizable to the customs administrations. The sufficient information required shall not unreasonably deter recourse to these procedures.
2. The competent authorities shall have the authority to require an applicant to provide a reasonable security or equivalent assurance sufficient to protect the defendant and the competent authorities and to prevent abuse. Such security or equivalent assurance shall not unreasonably deter recourse to these procedures.
3. Where the competent authorities have made a determination that the goods are counterfeit or pirated, a Party shall grant the competent authorities the authority to inform the right holder of the names and addresses of the consignor, the importer and the consignee, and of the quantity of the goods in question.
4. Each Party shall provide that competent authorities are permitted to initiate border measures ex officio without the need of a formal complaint from the right holder. Such measures shall apply when there is reason to believe or suspect that the goods being imported, or destined for export are counterfeited or pirated, subject to domestic law that is in compliance with each Party's international obligations.

Article 115. Contact Points

1. Each Party shall designate a contact point or points to facilitate communications between the Parties on any matter covered by this Chapter, and provide the details of such contact points to the other Party. The Parties shall notify each other promptly of any amendments to the details of their contact points.
2. By agreement between the Parties or at a Party's request, the designated contact point will exchange information relevant to the other Party on any issues included in this Chapter. The communications carried out through the designated contact points shall comply with the provisions established in Article 130 (Notification and Provision of Information) of Chapter 12 (Transparency).

Article 116. Geographical Indications

1. The names listed in the Annex 9 (Geographical Indications as Referred to in Article 116.1) are geographical indications in China, within the meaning of paragraph 1 of Article 22 of the TRIPS Agreement. Subject to domestic laws and regulations in a manner that is consistent with the TRIPS Agreement, such names will be protected as geographical indications in the territory of Costa Rica.
2. The names listed in Annex 10 (Geographical Indications as Referred to in Article 116.2) are geographical indications in Costa Rica, within the meaning of paragraph 1 of Article 22 of the TRIPS Agreement. Subject to domestic laws and regulations in a manner that is consistent with the TRIPS Agreement, such names will be protected as geographical indications in the territory of China.
3. Subject to consultations and by mutual consent, the Parties may extend the accorded protection for geographical indications listed in Annexes 9 (Geographical Indications as Referred to in Article 116.1) and 10 (Geographical Indications as Referred to in Article 116.2) to other geographical indications of the Parties. （16）

Article 117. Cooperation

1. The Parties shall cooperate, on mutually agreed terms and subject to the availability of appropriate funds, in the following activities:
(a) education and dissemination projects on the use of intellectual property as a research and innovation tool;
(b) training and specialization courses for public servants on intellectual property rights and other mechanisms;
(c) exchange of information regarding conservation and sustainable use of biological diversity;
(d) exchange of information regarding actions to prevent the illegal access to genetic resources, traditional knowledge, innovation and practices;
(e) exchange of information regarding internal procedures for sharing equitable benefits arising from the use of genetic resources, traditional knowledge, innovations and practices;
(f) exchange of information regarding policy dialogues related to intellectual property in multilateral and regional fora;
(g) projects that enhance knowledge of electronic systems used for the management of intellectual property; (h) sharing experiences and coordination between the relevant customs administrations in the field of border measures; 
(i) collaboration in the registration and promotion of geographical indications of the Parties through the exchange of information and experiences on the technical mechanisms and registration procedures available in each Party;
(j) information exchange regarding the protection and enforcement of intellectual property rights;
(k) enhancing public awareness of intellectual property rights; and
(l) other activities and initiatives as may be mutually determined by the Parties.

Chapter 11. Cooperation, Promotion and Enhancement of Trade Relations

Article 118. General Objective

1. The objective of this Chapter is to establish a framework and mechanisms for present and future development of cooperative relations between the Parties.
2. Without prejudice to the possibility of extending the cooperation efforts to other areas, the Parties shall closely cooperate in areas aimed inter alia at: (a) promoting economic and social development; (b) strengthening the capabilities and competitiveness of the Parties in order to maximize the opportunities and benefits derived from this Agreement; (c) increasing the level and depth of cooperative activities and good practices among the Parties in areas of mutual interest, with special attention to economic, trade, financial, technological, educational and cultural aspects; (d) encouraging the presence of the Parties and their goods and services in their respective markets in Asia, the Pacific and Latin America; (e) stimulating productive synergies, creating new opportunities for trade and investment, and promoting competitiveness and innovation; (f) accomplishing a greater impact in scientific and technological knowledge transfer, research and development, innovation, and entrepreneurship; (g) increasing the export capabilities of the small and medium enterprises (hereinafter "SMEs"); (h) generating a greater and deeper level of supply chain linkages; and (i) promoting competition practices through cooperation mechanisms and technical assistance, in order to facilitate the prevention and/or elimination of anticompetitive practices. 3. No Party shall have recourse to Chapter 14 (Dispute Settlement) regarding any issue arising from or relating to this Chapter.

Article 119. Small and Medium Enterprises

1. Through the cooperation activities established in paragraph 2, the Parties shall support the enhancement of the competitiveness of SMEs and their insertion in international markets with the aim of strengthening their productive capabilities. 2. Cooperation shall include, among others, activities to: (a) design and execute mechanisms to encourage partnerships and development of productive linkages processes; (b) develop human resources and management skills to increase the knowledge of the Costa Rican and Chinese markets; (c) define and develop methods and strategies for the advancement of clusters; (d) increase access to information regarding promotion policies and financial support for SMEs; (e) promote research and development, transfer of technology and innovation; (f) support exporting SMEs through different mechanisms; (g) encourage partnerships and information exchanges between financial agents (credits, banks, guarantee organizations, angel networks and venture capital firms) in order to support SMEs; (h) strengthen institutional frameworks in order to create and operate SMEs; (i) support the participation of SMEs in fairs, commercial and trade missions and other mechanisms of promotion; and (j) strengthen business management capabilities for SMEs and entrepreneurs.

Article 120. Promotion of Innovation, Science and Technology

1. The Parties recognize the importance of promoting and facilitating cooperation activities in innovation, science and technology aimed at achieving a greater social and economic development, including different stakeholders.
2. Cooperation shall include, among others, activities to:
(a) support the participation of public, private and social organizations, including universities, research and development institutions and non-governmental organizations, in the execution of activities related with the areas mentioned in paragraph 1;
(b) promote the exchange of specialists, researchers and professors with the aim of disseminating technical and scientific know-how and offering services in certain fields of science, technology and innovation;
(c) implement joint or coordinated research and/or technological development activities;
(d) exchange information on scientific and technological research;
(e) develop joint cooperation activities in third countries, as may be agreed by the Parties;
(f) exchange or share equipment and materials;
(g) train scientists and technical experts;
(h) organize seminars, workshops and conferences;
(i) promote public/private sector partnerships in order to support the development of innovative products and services, the study of joint efforts to enter new markets, and the transfer of scientific and technological results into national productive systems;
(j) facilitate the cooperation on academic networks; and
(k) promote mutual assistance and exchange information and experiences in the field of information and communication technologies (ICTs) where mutual and complementary interests exist.

Article 121. Export Promotion and Attraction of Investments

1. With the aim of obtaining greater benefits from this Agreement, the Parties recognize the importance of supporting the existing programs related to export and investment promotion, and to launch new ones, as well as to enhance both Parties´ investment climates.
2. Cooperation shall include, among others, activities to:
(a) strengthen the export capabilities, through training and technical assistance programs;
(b) establish and develop mechanisms related to market research, including exchange of information and access to international data bases, among others;
(c) create exchange programs for exporters aiming to provide knowledge of the Chinese or Costa Rican market;
(d) link national producers to international markets, through the promotion of productive linkages to the export activity;
(e) promote greater participation of SMEs in exports;
(f) support the export and investment promotion activities between the Parties;
(g) strengthen the export and investment logistics;
(h) support entrepreneurship activities as an instrument to strengthen the export capabilities and promote investment;
(i) promote the implementation of research and development and technological and innovation programs, with the objective of increasing the export supply and encouraging investment;
(j) promote joint venture mechanisms; and
(k) promote simplified administrative procedures.

Article 122. Culture, Sports and Recreation Activities

1. The Parties recognize the importance and significance of culture, sports and recreation as a way of consolidating and promoting friendship among the Parties. In this framework, the Parties shall undertake cooperation in the following areas with the purpose of enhancing mutual understanding, fostering balanced exchanges and activities between individuals, institutions and organizations representing civil society.
2. Cooperation shall include, among others, activities to:
(a) promote cultural and information exchanges;
(b) encourage cultural, recreational and sports events;
(c) establish cooperation between sports, cultural and recreational agencies, institutions and associations of both Parties;
(d) promote the dissemination of cultural, sports and recreational activities;
(e) promote the exchange of goods and services related to cultural, sports and recreational activities;
(f) provide a platform for athletes to travel to, train and compete in the territory of the other Party;
(g) support activities that raise awareness of artistic works;
(h) promote the exchange of experiences with respect to conservation and restoration of national heritage, protection of archaeological monuments and cultural heritage;
(i) encourage the exchange and training of professionals and technicians, including coaches, players, sports medicine personnel and special needs sports personnel;
(j) exchange visits in order to review sports, cultural and recreational facilities and share experiences in the implementation, development, maintenance and operation of these facilities;
(k) exchange of experiences on management of different sports disciplines; and
(l) promote cooperation in the audiovisual and media sectors, through joint initiatives in training programs, as well as audiovisual development, production and distribution activities, including the educational and cultural fields.

Article 123. Agricultural Cooperation

1. The Parties recognize that agriculture constitutes a core activity for both Parties, and that enhancing this economic field will improve quality of life and social and economic development in their territories.
2. In order to accomplish these objectives, and in accordance with their domestic laws, regulations and relevant procedures, the Parties shall cooperate, among others, in activities to:
(a) strengthen institutional capabilities of government agencies, research institutions, universities and businesses, in the areas of scientific investigation and transfer and validation of technologies including, among others, soil management and nutrition, irrigation and drainage, animal nutrition, horticulture under protected environments, traceability and safety, and bio fuels;
(b) manage joint research projects in areas of mutual and complementary interests, as well as academic and business networks in the areas of agriculture and livestock;
(c) develop and validate technologies for agriculture and livestock production of higher quality and lower environmental impact;
(d) promote effective risk management in the agribusiness chains aiming to incorporate measures for adaptation and mitigation of climate change and variability;
(e) transfer knowledge, technology, technical assistance and information services for sustainable land management and risk management for hydro meteorological phenomena;
(f) create incentives and provide the information required in order to allow the exploitation of the markets by producers of agricultural, livestock and aquaculture goods produced through cleaner processes along the agricultural chains;
(g) promote partnerships between public, private and academic sectors with the aim of supporting the development of innovative products and services, especially those related to the enhancement of productivity, competitiveness and the establishment of alliances to take advantage of trade opportunities in different agricultural and livestock production chains;
(h) encourage capacity building, technology transfer, and research and development of agricultural and livestock biotechnology and bio-safety;
(i) strengthen capabilities in plant genetic resources;
(j) support, through market access, the production of non-traditional crops with a high level of biodiversity components;
(k) strengthen seed technology capabilities;
(l) strengthen public, private and academic capabilities for sustainable management of fisheries and aquaculture systems;
(m) strengthen bilateral cooperation on sanitary and phytosanitary issues between each Party's relevant institutions with a view to facilitating access to each other's markets;
(n) promote and manage services for the commercialization, logistics and marketing of agricultural products, livestock, aquaculture and processing products of agricultural origin;
(o) promote the management and use of communication and information technologies for the modernization of agricultural and livestock public and private organizations; and
(p) encourage strategies to promote undergraduate and graduate degrees, specialized training, research and training visits and the exchange of experiences between scientists, researchers and technical experts, among others.

Article 124. Management of Natural Disasters

Cooperation in the area of management of natural disasters shall include, among others, activities for:
(a) monitoring, including methodology, vulnerability and risk indicators, early-warning, prevention, mitigation, response and rehabilitation and reconstruction capabilities of natural disasters;
(b) responding to natural disasters and emergencies;
(c) disseminating best practices, exchanging experiences and conducting training in the management of natural disasters; and
(d) improving disaster risk reduction in all domestic policies, including post-disaster rehabilitation and reconstruction.

Article 125. Private Dispute Resolution （17）

The Parties recognize the importance of private dispute resolution as valuable mechanisms that enhance and promote predictability and certainty in trade relations among private parties. With this view and to the extent possible, cooperation shall include, among others, activities to:
(a) encourage the use of private dispute resolution means, such as arbitration, for the settlement of international commercial disputes between private parties arising in the free trade area;
(b) promote the subscription of cooperation agreements between institutions dedicated to the analysis of private dispute resolution mechanisms or the administration of these procedures; and
(c) strengthen capacity building for the management of private cases of dispute settlement, including exchange of better practices, training, internships, consultancies, technical cooperation projects, among others.

Article 126. Competition

Cooperation in competition shall include, among others, activities to:
(a) promote the implementation of enforcement mechanisms, including the notification, consultation and exchange of information between the authorities in charge of competition. In particular, to prevent or proscribe anticompetitive practices or economic concentration that discourages competition; 
(b) promote capacity building in the field of competition; and
(c) promote the exchange of experiences, technical assistance and training of human resources, in order to strengthen and effectively enforce the competition laws in areas such as antitrust, merger and subsidies, competition advocacy, intellectual property, market access, jurisprudence, among others.

Article 127. Other Areas

The Parties may agree to cooperate in other areas of mutual interest other than the ones set out in this Agreement. Such areas may include, among others, education, health, traditional medicine and infrastructure. Cooperation in these areas shall be carried out through the relevant authorities of each Party and upon agreement.

Article 128. Mechanisms of Cooperation

1. In order to administrate this Chapter and to facilitate the management of cooperation activities, the Parties hereby establish a Committee on Cooperation (hereinafter, "the Committee").
2. The Committee shall comprise representatives of the Ministry of Foreign Trade of Costa Rica (Ministerio de Comercio Exterior), the Ministry of National Planning and Economic Policy of Costa Rica (Ministerio de Planificación Nacional y Política Económica); and representatives of the Ministry of Commerce and relevant authorities of the People's Republic of China; or their successors.
3. This Committee shall meet at least once every 3 years, unless otherwise agreed by the Parties. When special circumstances arise, the Committee shall meet at any time upon request of either Party or the Commission.
4. This Committee shall have the following functions:
(a) oversee the implementation of this Chapter;
(b) encourage the Parties to undertake cooperation activities under the cooperation framework established in this Chapter;
(c) make recommendations on the cooperation modalities and activities under this Chapter, in accordance with the strategic priorities of the Parties; and
(d) review the operation of this Chapter and the application and fulfilment of its objectives between the relevant authorities, including but not limited to the relevant government agencies, research institutes, and universities in order to foster closer cooperation in thematic areas; the review may be carried out through periodic reports from the Parties.
5. In order to implement cooperation activities, and in accordance with each Party's capabilities, the Committee may suggest to conduct cooperation through the following means:
(a) technical assistance, exchange of experiences between experts, scientists, researchers, among others;
(b) exchange of information, contact points and good practices in areas of mutual interest;
(c) mutual access to academic, industrial and business networks;
(d) implementation and identification of joint research projects with universities and research centres;
(e) promotion of associations and companies of public and/or private sectors, for supporting the development of innovative products and services;
(f) technology transfer in the areas of mutual interest;
(g) design of models of technologic innovation based on public and/or private cooperation; and
(h) seek resources to conduct the implementation of the objectives set out in this Chapter.

Chapter 12. Transparency

Article 129. Publication

1. Each Party shall ensure that its laws, regulations, procedures, and administrative rulings of general application respecting any matter covered by this Agreement, as well as their respective international agreements regarding trade that may affect the operation of this Agreement, are promptly published or otherwise made publically available in such a manner as to enable interested persons of the other Party and the other Party to become acquainted with them.
2. To the extent possible, each Party shall:
(a) publish any law regarding any matter covered by this Agreement that it proposes to adopt; and
(b) provide the other Party a reasonable opportunity to comment on such proposed laws.

Article 130. Notification and Provision of Information

1. To the extent possible, each Party shall notify the other Party of any measure that the Party considers might materially affect the operation of this Agreement or otherwise substantially affect that Party's interests under this Agreement. Notwithstanding paragraph 4, the information referred to under this paragraph shall be considered to have been provided when it has been made available by appropriate notification to the WTO.
2. On request of the other Party, a Party shall at no cost and as promptly as possible, provide information and respond to questions pertaining to any actual or proposed measure, whether or not that other Party has been previously notified of that measure.
3. Any notification or information provided under this Article shall be without prejudice as to whether the measure is consistent with this Agreement.
4. Any information, request or notification provided under this Chapter shall be provided to the other Party through the contact point, unless otherwise established in this Agreement or subsequently agreed by the Parties.

Article 131. Administrative Proceedings

With a view to administering in a consistent, impartial, and reasonable manner all measures of general application affecting matters covered by this Agreement, each Party shall ensure that in its administrative proceedings applying measures referred to in Article 129.1 (Publication) to particular persons, goods, or services of the other Party in specific cases, that:
(a) wherever possible, persons of the other Party that are directly affected by a proceeding are provided reasonable notice, in accordance with domestic procedures, when a proceeding is initiated; such notice shall include a description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated, and a general description of any issues in controversy;
(b) such persons are afforded a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action, when time, the nature of the proceeding, and the public interest permit; and
(c) its procedures are in accordance with domestic law.