Costa Rica - Ecuador FTA (2023)
Next page

Title

TRADE PARTNERSHIP AGREEMENT BETWEEN THE REPUBLIC OF ECUADOR AND THE REPUBLIC OF COSTA RICA

Preamble

PREAMBLE

The Government of the Republic of Ecuador, on the one hand, and the Government of the Republic of Costa Rica, on the other hand, determined to:

STRENGTHEN the special ties of friendship and cooperation between them and promote regional economic integration;

EXPAND trade through greater international cooperation and strengthening of relations between their peoples for mutual benefit;

PURPOSE the creation of a larger and more secure market for goods and services produced in their respective territories and a stable and predictable environment for investment, thereby improving the competitiveness of their firms in global markets;

PROMOTE comprehensive economic development to reduce poverty;

PROMOTE the creation of new employment opportunities, and improve working conditions and living standards in their respective territories;

RECOGNIZE the importance of inclusive trade and small and medium-sized enterprises in international trade;

ESTABLISH clear and mutually beneficial rules governing their commercial exchange; CREATE a common framework of principles and rules for their bilateral trade in government procurement, with a view to its expansion under transparent conditions and as a means of promoting economic growth;

ENSURE a predictable legal and commercial framework for business and investment; RECOGNIZE that the promotion and protection of investments of one Party in the territory of the other Party will contribute to an increase in the flow of investments and stimulate mutually beneficial business activity;

FACILITATE contacts between the companies and private sectors of the Parties;

AVOID distortions in their reciprocal trade;

STRENGTHEN the competitiveness of its companies in global markets and seek greater insertion in global and regional value chains.

FACILITATE trade by promoting efficient and transparent customs procedures that ensure predictability for importers and exporters;

STIMULATE creativity and innovation and promote trade in the innovative sectors of their economies;

PROMOTE the protection and preservation of the environment and the contribution of trade to sustainable development

PROMOTE transparency in international trade and investment;

PRESERVE its ability to safeguard the public welfare;

REAFFIRM the objective of eliminating unnecessary barriers to trade, in order to generate greater dynamism in the flow of trade in goods and services and investment between the Parties and;

EXERCISE their respective rights and obligations under the Marrakesh Agreement establishing the World Trade Organization, as well as other bilateral, regional and multilateral international integration and cooperation instruments to which they are party;

HAVE AGREED to enter into this Trade Partnership Agreement in accordance with the following:

Body

Chapter 1. Initial Provisions and General Definitions

Section A. Initial Provisions

Article 1.1. Establishment of the Free Trade Zone

The Parties to this Agreement, in accordance with Article XXIV of the WTO General Agreement on Tariffs and Trade 1994 and Article V of the WTO General Agreement on Trade in Services, establish a free trade area.

Article 1.2. Objectives

1. The objectives of this Agreement are as follows:

(a) stimulate the expansion and diversification of trade between the Parties;

(b) eliminate unnecessary barriers to trade and facilitate the cross-border movement of goods and services between the Parties;

(c) facilitate trade in goods through, in particular, the implementation of agreed customs and trade facilitation provisions, standards, technical regulations and conformity assessment procedures, and sanitary and phytosanitary measures;

(d) promote conditions of free competition in the free trade zone;

(e) support the deepening of relations between productive sectors, taking into account the special needs of MSMEs, in order to achieve inclusive trade;

(f) increase investment opportunities in the territories of the Parties;

(g) adequately and effectively protect and enforce intellectual property rights in the territory of each Party, taking into consideration the balance of rights and obligations arising therefrom;

(h) create effective procedures for the implementation and enforcement of this Agreement, for its joint administration, and for preventing and resolving disputes; and

(i) promote the effective and reciprocal opening of the Parties' government procurement markets.

Article 1.3. Relationship to other International Agreements

1. The Parties confirm the rights and obligations existing between them pursuant to the WTO Agreement and other agreements to which the Parties are parties.

2. Unless otherwise provided in this Agreement, if a Party considers that a provision of this Agreement is inconsistent with a provision of another agreement to which the Parties are parties, such Party shall request consultations (1) with a view to reaching a mutually satisfactory solution. This paragraph is without prejudice to the rights and obligations of the Parties under Chapter 24 (Dispute Settlement).

(1) For greater certainty, the consultations provided for in this paragraph do not constitute a stage of the dispute settlement set forth in Chapter 24 (Dispute Settlement).

Article 1.4. Interpretation of the Agreement

The Parties shall perform and interpret this Agreement in good faith and in accordance with customary rules of interpretation of public international law, including the Vienna Convention on the Law of Treaties.

Article 1.5. Scope of Obligations

Each Party shall ensure the adoption of all necessary measures to give effect to the provisions of this Agreement in its territory and at all levels of government.

Section B. General Definitions

Article 1.6. Definitions of General Application

For the purposes of this Agreement, unless otherwise specified:

WTO TRIPS Agreement means the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (2), which is part of the WTO Agreement}

(2) For greater certainty, WTO TRIPS Agreement includes any waiver in force between the Parties of any provision of the WTO TRIPS Agreement granted by WTO Members pursuant to the WTO Agreement.

WTO Antidumping Agreement means the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 of the WTO, which forms part of the WTO Agreement,

WTO Customs Valuation Agreement means the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 of the WTO, which forms part of the WTO Agreement;

WTO GATS means the WTO General Agreement on Trade in Services, which is part of the WTO Agreement;

WTO SPS Agreement means the WTO Agreement on the Application of Sanitary and Phytosanitary Measures, which is par. WTO Agreement;

WTO TBT Agreement means the WTO Agreement on Technical Barriers to Trade, which is part of the WTO Agreement;

WTO Agreement means the Marrakesh Agreement Establishing the World Trade Organization, dated April 15, 1994;

WTO Agreement on Safeguards means the WTO Agreement on Safeguards. of the WTO, which is part of the WTO Agreement,

WTO Subsidies Agreement means the WIO Agreement on Subsidies and Countervailing Measures, which forms part of the WTO Agreement;

customs duty means any import tax or duty and charge of any kind levied in connection with the importation of goods, including any form of surcharge or additional charge on imports, except any:

(a) charge equivalent to an internal tax established in accordance with Article III.2 of GAIT 1994;

(b) anti-dumping duty or countervailing measure that is applied in accordance with a Party's domestic law and in conformity with Article VI of the GATT 1994, the WTO Agreement on Subsidies and Countervailing Measures and the WTO Agreement on Implementation of Article VI of the GATT 1994; or

(c) duty or other charge related to the importation, proportional to the cost of the services rendered;

customs authority means the authority which, in accordance with the respective laws of each Party, is responsible for administering and enforcing the customs laws and regulations, as appropriate:

(a) for Costa Rica, to the National Customs Service, or its successor; and

(b) for Ecuador, to the National Customs Service of Ecuador, or its successor; Chapter means the first two digits of the Harmonized System tariff classification code;

Commission means the Administrative Commission established pursuant to Chapter 23 (Administration of the Agreement);

procurement means the process by which a government acquires the use of or acquires goods or services, or any combination thereof, for governmental purposes and not with a view to commercial sale or resale or with a view to use in the production or supply of goods or services for commercial sale or resale;

days means calendar days;

corporation means any entity organized or organized under applicable law, whether or not for profit, or whether privately or governmentally owned, including corporations, trusts, partnerships, sole proprietorships, joint ventures, and other forms of associations;

existing means in effect on the date of entry into force of this Agreement;

GATT 1994 means the General Agreement on Tariffs and Trade 1994 of the WTO, which is part of the WTO Agreement;

measure includes any law, regulation, procedure, requirement or practice; merchandise means any product, article or material;

good of a Party means domestic products as understood in the GATT 1994 or such goods as the Parties may agree, and includes goods originating in that Party. A good of a Party may incorporate materials from a non-Party;

originating good means that it qualifies under the rules of origin set out in Chapter 3 (Rules of Origin and Origin Procedures);

MSMEs stands for Micro, Small and Medium-Sized Enterprises (3),

(3) For greater certainty, in the case of Ecuador, MSMEs include the actors of the Popular and Solidarity Economy "AEPYS", a figure contemplated in the Constitution of the Republic of Ecuador and the Organic Law of Popular and Solidarity Economy, provided that such actors meet the criteria required to be considered as MSMEs. AEPYS means "the actors of the popular and solidarity economy" which are the economic organizations, where their members, individually or collectively, organize and develop processes of production, exchange, commercialization, financing and consumption of goods and services, in order to satisfy the needs of their members.

national means a natural person who has the nationality of a Party in accordance with Annex 1.1 or a permanent resident of a Party;

WTO means the World Trade Organization,

Party means the Republic of Costa Rica, on the one hand, and the Republic of Ecuador, on the other hand, jointly referred to as the Parties;

heading means the first four digits of the Harmonized System tariff classification code; person means a natural person or a company;

Harmonized System (HS) means the Harmonized Commodity Description and Coding System, including its General Rules of Interpretation, Section Notes and Chapter Notes, as adopted and applied by the Parties in their respective legislation;

subheading means the first six digits of the tariff classification code under the Harmonized System;

territory means, for a Party, the territory of that Party as set forth in Annex 1.1; and

preferential tariff treatment means the tariff applicable under this Agreement to an originating good.

The company's activities are based on relationships of solidarity, cooperation and reciprocity, privileging work and the human being as the subject and purpose of its activity, oriented towards good living, in harmony with nature, over appropriation, profit and capital accumulation.

Annex 1.1. Country-Specific Definitions

For the purposes of this Agreement, unless otherwise specified herein:

government at the central level means:

(a) for Costa Rica, the national level of government; and

(b) for Ecuador, the central level of government;

government at the local level means:

(a) for Costa Rica, the municipalities; and

(b) for Ecuador, the decentralized autonomous governments;

natural person who has the nationality of a Party means:

(a) for Costa Rica, a Costa Rican as defined in Articles 13 and 14 of the Political Constitution of the Republic of Costa Rica; and

(b) for Ecuador, an Ecuadorian as defined in Articles 7 and 8 of the Constitution of the Republic of Ecuador;

Territory (4) means:

(a) for Costa Rica, the national territory including air and maritime space, where the State exercises complete and exclusive sovereignty or special jurisdiction in accordance with Articles 5 and 6 of the Political Constitution of the Republic of Costa Rica and International Law; and

(b) for Ecuador, the continental and maritime space, the adjacent islands, the territorial sea, the Galapagos Archipelago, the soil, the submarine platform, the subsoil and the overlying continental, insular and maritime space, and the respective air spaces, over which it exercises sovereignty and jurisdiction in accordance with international law and its internal legislation.

(4) For greater certainty, the definition of and references to "territory" contained in this Agreement apply exclusively for purposes of determining the geographic scope of application of this Agreement.

Chapter 2. National Treatment and Market Access for Commodities

Article 2.1. Scope of Application

Except as otherwise provided in this Agreement, this Chapter applies to trade in goods between the Parties.

Section A. National Treatment

Article 2.2. National Treatment

1. Each Party shall accord national treatment to goods of the other Party in accordance with Article III of the GATT 1994, including its interpretative notes, and to this , Article III of the GATT 1994 and its interpretative notes are incorporated into and made an integral part of this Agreement, mutatis mutandis.

2. Paragraph 1 shall not apply to measures listed Annex 2.2.

Section B. Tariff Elimination

Article 2.3. Tariff Elimination

1. Except as otherwise provided in this Agreement, neither Party may increase any existing customs duty, or adopt any new customs duty, on a good originating in the other Party.

2. Except as otherwise provided in this Agreement, each Party shall eliminate its customs duties on originating goods of the other in accordance with Annex 2.3.

3. The tariff elimination program provided for in this Chapter shall not apply to used goods, including goods that are identified as such in headings or subheadings of the Harmonized System. Used goods also include goods that have been rebuilt, remanufactured, remanufactured or any other similar appellation given to goods that after having been used have undergone some process to restore them to their original characteristics or specifications, or to restore them to the functionality they had when new.

4. At the request of any Party, consultations shall be held to consider the improvement of tariff conditions for market access in accordance with Annex 2.3.

5. Notwithstanding Article 23.1 (The Administrative Commission), an agreement between the Parties to improve the tariff conditions for market access for a good shall prevail over any customs duty or category defined in Annex 2.3 for such good, when approved by the Parties in accordance with their applicable legal procedures.

6. For greater certainty, a Party may:

(a) increase a customs duty to the level set out in Annex 2.3, following a unilateral reduction; or

(b) maintain or increase a customs tariff when authorized by the WTO Dispute Settlement Body.

Section C. Special Regimes

Article 2.4. Exemption from Customs Duties

1. No Party may adopt a new exemption from customs duties, or extend the application of an existing exemption from customs duties with respect to existing beneficiaries, or extend it to new beneficiaries, where the exemption is conditioned, explicitly or implicitly, on compliance with a performance requirement.

2. No Party may condition, explicitly or implicitly, the continuation of any existing customs duty exemption on compliance with a performance requirement.

Article 2.5. Temporary Admission of Goods

1. Each Party shall authorize temporary admission free of customs duties for the following goods, irrespective of their origin:

(a) professional equipment, including equipment for scientific research, medical activities, press or television, computer software, and broadcasting and cinematographic equipment necessary for the exercise of the business, trade or profession of a person who qualifies for temporary entry under the national legislation of the importing Party;

(b) goods intended for display or demonstration at exhibitions, fairs, meetings or similar events;

(c) commercial samples, films and advertising recordings; and

(d) goods admitted for sporting purposes.

2. Goods entered under the temporary admission regime shall be subject to compliance with the terms established in the national legislation of each of the Parties.

3. No Party may condition the temporary duty-free admission of a good referred to in paragraph 1 on conditions other than that the good:

(a) is used solely by or under the personal supervision of a national or resident of the other Party in the exercise of that person's business, trade, professional or sporting activity;

(b) is not subject to sale or lease while it remains in its territory;

(c) is accompanied by a bond or guarantee in an amount not exceeding the charges that would otherwise be due for entry or final importation, refundable at the time of departure of the merchandise;

(d) is susceptible to identification when exported;

(e) is exported upon the departure of the person referred to in subparagraph (a), or within a period corresponding to the purpose of the temporary admission that the Party may establish, or within one year;

(f) is admitted in quantities no greater than is reasonable in accordance with its intended use; and

(g) otherwise admissible in the territory of the Party in accordance with its national legislation.

4. If any of the conditions imposed by a Party under paragraph 3 have not been met, the Party may apply the customs duty and any other charges that would normally be due on the good, plus any other charges or penalties established accordance with its national legislation.

5. Each Party shall adopt and maintain procedures to facilitate the expeditious release of goods admitted under this Article. To the extent possible, such procedures shall provide that when such merchandise accompanies a national or resident of the other Party who is requesting temporary entry, the merchandise shall be cleared simultaneously with the entry of that national or resident.

6. Each Party shall allow a good temporarily admitted under this Article to be exported through a customs port other than the port through which it was admitted.

7. In accordance with its national legislation, each Party shall provide that the importer or other person responsible for a good admitted in accordance with this Article shall not be responsible for the impossibility of exporting the good, upon presenting satisfactory evidence to the importing Party that the good has been destroyed within the original time limit set for temporary admission.

8. Subject to Chapter 10 (Cross-Border Trade in Services) and Chapter 15 (Investment), no Party may:

(a) prevent a vehicle or container used in international transportation that has entered its territory from the other Party from leaving its territory by any route that has a reasonable relation to the prompt and economic departure of such vehicle or container;

(b) The port of entry of the vehicle or container is different from the port of departure, and no bond shall be required and no penalty or charge shall be imposed solely on the grounds that the port of entry of the vehicle or container is different from the port of departure;

(c) condition the release of any obligation, including any bond, which it has applied to the entry of a vehicle or container into its territory, to its departure through a particular port; and

(d) require that the vehicle or carrier bringing a container into its territory from the territory of the other Party be the same vehicle or carrier that brings it into the territory of the other Party.

9. For the purposes of paragraph 8, vehicle means a truck, tractor-trailer, tractor, trailer or trailer unit, locomotive or wagon or other railway equipment.

Article 2.6. Goods Reimported after Repair or Alteration

Page 1 Next page
  • Chapter   1 Initial Provisions and General Definitions 1
  • Section   A Initial Provisions 1
  • Article   1.1 Establishment of the Free Trade Zone 1
  • Article   1.2 Objectives 1
  • Article   1.3 Relationship to other International Agreements 1
  • Article   1.4 Interpretation of the Agreement 1
  • Article   1.5 Scope of Obligations 1
  • Section   B General Definitions 1
  • Article   1.6 Definitions of General Application 1
  • Annex 1.1  Country-Specific Definitions 1
  • Chapter   2 National Treatment and Market Access for Commodities 1
  • Article   2.1 Scope of Application 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 Exemption from Customs Duties 1
  • Article   2.5 Temporary Admission of Goods 1
  • Article   2.6 Goods Reimported after Repair or Alteration 2
  • Section   D Non-Tariff Measures 2
  • Article   2.7 Import and Export Restrictions 2
  • Article   2.8 Import and Export Licensing 2
  • Article   2.9 Administrative Burdens and Formalities 2
  • Section   E Other Measures 2
  • Article   2.10 State Trading Enterprises 2
  • Article   2.11 Customs Valuation 2
  • Section   F Agriculture 2
  • Article   2.12 Scope and Coverage 2
  • Article   2.13 Agricultural Export Subsidies 2
  • Section   G Institutional Arrangements 2
  • Article   2.14 Committee on Trade In Goods 2
  • Section   H Definitions 2
  • Article   2.15 Definitions 2
  • Chapter   3 Rules of Origin and Origin Procedures 2
  • Section   A Rules of Origin 2
  • Article   3.1 Originating Goods 2
  • Article   3.2 Wholly Obtained or Wholly Produced Goods 2
  • Article   3.3 Regional Content Value 2
  • Article   3.4 Minimum Operations or Processes 2
  • Article   3.5 Intermediate Material 2
  • Article   3.6 Accumulation 2
  • Article   3.7 De Minimis 2
  • Article   3.8 Goods and Fungible Materials 2
  • Article   3.9 Accessories, Spare Parts and Tools 2
  • Article   3.10 Sets or Assortments of Goods 2
  • Article   3.11 Retail Containers and Packaging Materials 2
  • Article   3.12 Containers and Packing Materials for Shipment 3
  • Article   3.13 Indirect Materials 3
  • Article   3.14 Direct Transport 3
  • Section   B Origin Procedures 3
  • Article   3.15 Proofs of Origin 3
  • Article   3.16 Certificate of Origin 3
  • Article   3.17 Invoice Statement 3
  • Article   3.18 Approved Exporter 3
  • Article   3.19 Notifications 3
  • Article   3.20 Electronic Certificate of Origin 3
  • Article   3.21 Obligations Relating to Imports 3
  • Article   3.22 Refund of Customs Duties 3
  • Article   3.23 Supporting Documents 3
  • Article   3.24 Preservation of Proofs of Origin and Supporting Documents 3
  • Article   3.25 Exceptions to the Proof of Origin Requirement 3
  • Article   3.26 Verification Process 3
  • Article   3.27 Measures to Guarantee the Fiscal Interest 3
  • Article   3.28 Sanctions 3
  • Article   3.29 Review and Appeal Appeals 3
  • Article   3.30 Confidentiality 3
  • Article   3.31 Invoicing by a Person other Than the Exporter or Producer 3
  • Article   3.32 Uniform Regulations 3
  • Article   3.33 Rules of Origin Committee 4
  • Article   3.34 Definitions 4
  • Chapter   4 Trade Facilitation and Customs Procedures 4
  • Article   4.1 General Provisions 4
  • Article   4.2 Publication 4
  • Article   4.3 Dispatch of Goods 4
  • Article   4.4 Automation 4
  • Article   4.5 Risk Administration or Risk Management 4
  • Article   4.6 Transit of Goods 4
  • Article   4.7 Expedited Delivery Shipments 4
  • Article   4.8 Authorized Economic Operator 4
  • Article   4.9 Foreign Trade Single Window 4
  • Article   4.10 Review and Appeal 4
  • Article   4.11 Sanctions 4
  • Article   4.12 Advance Rulings 4
  • Article   4.13 Committee on Trade Facilitation and Customs Procedures 4
  • Article   4.14 Cooperation 4
  • Chapter   5 Good Regulatory Practices 4
  • Article   5.1 Definitions 4
  • Article   5.2 General Objective 4
  • Article   5.3 Scope of Application 4
  • Article   5.4 General Provisions 4
  • Article   5.5 Establishment of Coordination Processes or Mechanisms 5
  • Article   5.6 Implementation of Good Regulatory Practices 5
  • Article   5.7 Cooperation 5
  • Article   5.8 Chapter Administration 5
  • Article   5.9 Relationship with other Chapters 5
  • Article   5.10 Non-Application of Dispute Resolution 5
  • Chapter   6 Sanitary and Phytosanitary Measures 5
  • Article   6.1 Scope of Application 5
  • Article   6.2 Objectives 5
  • Article   6.3 Reaffirmation of the WTO SPS Agreement 5
  • Article   6.4 Rights and Obligations of the Parties 5
  • Article   6.5 Equivalence 5
  • Article   6.6 Risk Assessment and Determination of the Appropriate Level of SPS Protection 5
  • Article   6.7 Adaptation to Regional Conditions with Inclusion of Pest- or Disease-Free Areas and Areas of Low Pest or Disease Prevalence 5
  • Article   6.8 Inspection, Control and Approval 5
  • Article   6.9 Transparency 5
  • Article   6.10 Cooperation and Technical Assistance 5
  • Article   6.11 Committee on Sanitary and Phytosanitary Measures 5
  • Article   6.12 Settlement of Disputes 5
  • Article   6.13 Definitions 5
  • Article   6.14 Focal Points and Competent Authorities 5
  • Chapter   7 Technical Barriers to Trade 5
  • Article   7.1 Scope of Application 5
  • Article   7.2 Objectives 5
  • Article   7.3 Reaffirmation of the WTO TBT Agreement 5
  • Article   7.4 Trade Facilitation 5
  • Article   7.5 Use of International Standards 5
  • Article   7.6 Technical Regulations 5
  • Article   7.7 Conformity Assessment 5
  • Article   7.8 Transparency 6
  • Article   7.9 Technical Cooperation 6
  • Article   7.10 Committee on Technical Barriers to Trade 6
  • Article   7.11 Exchange of Information 6
  • Article   7.12 Definitions 6
  • Chapter   8 Trade Remedies 6
  • Article   8.1 Competent Investigating Authorities 6
  • Section   A Bilateral Safeguard Measures 6
  • Article   8.2 Imposition of a Bilateral Safeguard Measure 6
  • Article   8.3 Standards for a Bilateral Safeguard Measure 6
  • Article   8.4 Investigation Procedures and Transparency Requirements 6
  • Article   8.5 Provisional Bilateral Safeguard Measures 6
  • Article   8.6 Notification and Consultation 6
  • Article   8.7 Compensation 6
  • Article   8.8 Definitions 6
  • Section   B Global Safeguarding Measures 6
  • Article   8.9 Global Safeguarding Measures 6
  • Section   C Antidumping and Countervailing Duties 6
  • Article   8.10 Antidumping and Countervailing Duties 6
  • Section   D Cooperation 6
  • Article   8.11 Cooperation 6
  • Chapter   9 Competition Policy 6
  • Article   9.1 Objectives and Principles 6
  • Article   9.2 Legislation and Competent Authorities 6
  • Article   9.3 Implementation 6
  • Article   9.4 Cooperation 6
  • Article   9.5 Notifications 6
  • Article   9.6 Exchange of Information 6
  • Article   9.7 Consultations 6
  • Article   9.8 Technical Assistance 7
  • Article   9.9 State-Owned Enterprises and Designated Monopolies 7
  • Article   9.10 Settlement of Disputes 7
  • Article   9.11 Definitions 7
  • Chapter   10 Cross-Border Trade In Services 7
  • Article   10.1 Scope of Application 7
  • Article   10.2 National Treatment 7
  • Article   10.3 Most-Favored-Nation Treatment 7
  • Article   10.4 Market Access 7
  • Article   10.5 Local Presence 7
  • Article   10.6 Nonconforming Measures 7
  • Article   10.7 Transparency In the Development and Application of Regulations (6) 7
  • Article   10.8 National Regulation 7
  • Article   10.9 Mutual Recognition 7
  • Article   10.10 Transfers and Payments 7
  • Article   10.11 Denial of Benefits 7
  • Article   10.12 Investment and Cross Border Services Trade Committee 7
  • Article   10.13 Professional Services 7
  • Article   10.14 Definitions 7
  • Annex 10.12  Committee on Cross-Border Trade and Investment in Services 8
  • Annex 10.13  Professional Services 8
  • Chapter   11 Financial Services 8
  • Article   11.1 Definitions 8
  • Article   11.2 Scope of Application 8
  • Article   11.3 National Treatment 8
  • Article   11.4 Most-Favored-Nation Treatment 8
  • Article   11.5 Market Access for Financial Institutions 8
  • Article   11.6 Cross-border Trade 8
  • Article   11.7 New Financial Services (2) 8
  • Article   11.8 Treatment of Certain Information 8
  • Article   11.9 Senior Management and Boards of Directors 8
  • Article   11.10 Nonconforming Measures 8
  • Article   11.11 Exceptions 8
  • Article   11.12 Transparency and Administration of Certain Measures 8
  • Article   11.13 Domestic Regulation 9
  • Article   11.14 Self-Regulatory Entities 9
  • Article   11.15 Payment and Clearing Systems 9
  • Article   11.16 Recognition 9
  • Article   11.17 Financial Services Committee 9
  • Article   11.18 Consultations 9
  • Article   11.19 Settlement of Disputes 9
  • Annex 11.6  Cross-Border Trade 9
  • Annex 11.17  Financial Services Committee 9
  • Chapter   12 Telecommunications Services 9
  • Article   12.1 Definitions 9
  • Article   12.2 Scope (2) 9
  • Article   12.3 Access to and Use of Public Telecommunications Networks and Services (4) 9
  • Article   12.4 Interconnection 9
  • Article   12.5 Competitive Safeguards 10
  • Article   12.6 Submarine Cable Systems 10
  • Article   12.7 Independent Regulatory Bodies 10
  • Article   12.8 Universal Service 10
  • Article   12.9 Qualifying Titles 10
  • Article   12.10 Allocation and Use of Scarce Resources 10
  • Article   12.11 Compliance 10
  • Article   12.12 Settlement of Internal Telecommunications Disputes between Suppliers 10
  • Article   12.13 Transparency 10
  • Article   12.14 Flexibility In Choice of Technologies 10
  • Article   12.15 Relationship with other Chapters 10
  • Chapter   13 Electronic Commerce 10
  • Article   13.1 Definitions 10
  • Article   13.2 General Provisions 10
  • Article   13.3 Electronic Provision of Services 10
  • Article   13.4 Customs Duties 10
  • Article   13.5 Non-Discriminatory Treatment of Digital Products 10
  • Article   13.6 Electronic Signature (3) 10
  • Article   13.7 Consumer Protection 10
  • Article   13.8 Personal Data Protection 10
  • Article   13.9 Paperless Trading 10
  • Article   13.10 Transparency 10
  • Article   13.11 Open Government Data 10
  • Article   13.12 Unsolicited Commercial Electronic Messages 10
  • Article   13.13 Cooperation 10
  • Article   13.14 Cooperation In the Field of Cybersecurity 10
  • Article   13.15 MSMEs 10
  • Article   13.16 Data Innovation (4) 10
  • Article   13.17 Review 11
  • Article   13.18 Relationship with other Chapters 11
  • Chapter   14 Temporary Entry of Business Persons 11
  • Article   14.1 General Principles 11
  • Article   14.2 General Obligations 11
  • Article   14.3 Temporary Entry Authorization 11
  • Article   14.4 Exchange of Information 11
  • Article   14.5 Working Group on Temporary Entry of Business Persons 11
  • Article   14.6 Cooperation 11
  • Article   14.7 Settlement of Disputes 11
  • Article   14.8 Relationship to other Chapters 11
  • Article   14.9 Definitions 11
  • Annex 14.3.1  Business Person Categories 11
  • Section   A Business Visitors 11
  • Section   B Business Persons and Investors 11
  • Section   C Transfers of Personnel Within an Enterprise 11
  • Appendix 14.3.1  Business Visitors 11
  • Annex 14.3.2  Migratory Measures in Force 11
  • Chapter   15 Investment 11
  • Section   A Substantive Obligations 11
  • Article   15.1 Scope and Coverage (1) 11
  • Article   15.2 Right to Regulate 11
  • Article   15.3 National Treatment 11
  • Article   15.4 Most-Favored-Nation Treatment 11
  • Article   15.5 Minimum Level of Treatment (2) 12
  • Article   15.6 Senior Management and Boards of Directors 12
  • Article   15.7 Performance Requirements 12
  • Article   15.8 Nonconforming Measures 12
  • Article   15.9 Measures Relating to the Environment, Health, Human Rights and Fundamental Freedoms Labor and other Regulatory Objectives 12
  • Article   15.10 Treatment In Case of Dispute 12
  • Article   15.11 Expropriation and Compensation (10) 12
  • Article   15.12 Transfers 12
  • Article   15.13 Denial of Benefits 12
  • Article   15.14 Special Formalities and Information Requirements 12
  • Article   15.15 Subrogation 12
  • Article   15.16 Responsible Business Conduct 12
  • Article   15.17 Investment Promotion 12
  • Section   B Definitions 12
  • Article   15.18 Definitions 12
  • Annex 15.5  Customary International Law 13
  • Annex 15.1  Expropriation 13
  • Chapter   16 Intellectual Property 13
  • Article   16.1 Basic Principles 13
  • Article   16.2 General Provisions 13
  • Article   16.3 Exhaustion of Rights 13
  • Article   16.4 Marks 13
  • Article   16.5 Country Brand 13
  • Article   16.6 Exceptions to the Rights Conferred by a Trademark 13
  • Article   16.7 Geographical Indications 13
  • Article   16.8 Grounds for Opposition and Termination of Protection 13
  • Article   16.9 Measures Related to the Protection of Biodiversity and Traditional Knowledge 13
  • Article   16.10 Copyright and Related Rights 13
  • Article   16.11 Collective Management 13
  • Article   16.12 Enforcement 13
  • Article   16.13 Cooperation and Science and Technology 13
  • Chapter   17 Public Procurement 13
  • Article   17.1 Scope of Application 13
  • Article   17.2 Safety and General Exceptions 14
  • Article   17.3 General Principles 14
  • Article   17.4 Use of Electronic Means In Public Contracting 14
  • Article   17.5 Publication of Procurement Information 14
  • Article   17.6 Publication of Notices 14
  • Article   17.7 Conditions for Participation 14
  • Article   17.8 Procurement Documents 14
  • Article   17.9 Technical Specifications 14
  • Article   17.10 Modifications 14
  • Article   17.11 Deadlines 14
  • Article   17.12 Contracting Procedures 14
  • Article   17.13 Electronic Auctions 14
  • Article   17.14 Treatment of Bids and Award of Contracts Treatment of Offers 14
  • Article   17.15 Transparency of Procurement Information Information to Be Provided to Suppliers 15
  • Article   17.16 Disclosure of Information Delivery of Information to the other Party 15
  • Article   17.17 National Review Procedures 15
  • Article   17.18 Modification and Amendments to Coverage 15
  • Article   17.19 Integrity In Procurement Practices 15
  • Article   17.20 Additional Negotiations 15
  • Article   17.21 Strategic Procurement 15
  • Article   17.22 Cooperation 15
  • Article   17.23 Public Procurement Committee 15
  • Article   17.24 Definitions 15
  • Chapter   18 Micro, Small and Medium Enterprises 15
  • Article   18.1 General Principles 15
  • Article   18.2 Exchange of Information 15
  • Article   18.3 Focal Points 15
  • Article   18.4 Dialogue on MSMEs 15
  • Article   18.5 Non-Application of Dispute Resolution 15
  • Chapter   19 Trade and Gender 15
  • Article   19.1 General Provisions 15
  • Article   19.2 Shared Commitments 16
  • Article   19.3 International Agreements 16
  • Article   19.4 Cooperative Activities 16
  • Article   19.5 Focal Points 16
  • Article   19.6 Trade and Gender Consultations 16
  • Article   19.7 Non-Application of Dispute Resolution 16
  • Chapter   20 Environment 16
  • Article   20.1 Context and Objectives 16
  • Article   20.2 Scope 16
  • Article   20.3 General Principles 16
  • Article   20.4 Specific Commitments 16
  • Article   20.5 Application of Legislation 16
  • Article   20.6 Multilateral Environmental Agreements 16
  • Article   20.7 Procedural Guarantee 16
  • Article   20.8 Environmental Committee 16
  • Article   20.9 Focal Points 16
  • Article   20.10 Indigenous Peoples and Local Communities 16
  • Article   20.11 Public Participation 16
  • Article   20.12 Trade and Biodiversity 16
  • Article   20.13 Trade and Climate Change 16
  • Article   20.14 Environmental Consultations 16
  • Article   20.15 Cooperation 16
  • Article   20.16 Non-Application of Dispute Resolution 16
  • Chapter   21 Labor 16
  • Article   21.1 Context and Objectives 16
  • Article   21.2 General Principles and Commitments 17
  • Article   21.3 Procedural Safeguards and Public Awareness 17
  • Article   21.4 Focal Points 17
  • Article   21.5 Labor Committee 17
  • Article   21.6 Public Participation 17
  • Article   21.7 Forced or Compulsory Labor 17
  • Article   21.8 Consultations 17
  • Article   21.9 Cooperation 17
  • Article   21.10 Non-Application of Dispute Resolution 17
  • Chapter   22 Transparency 17
  • Article   22.1 Points of Contact 17
  • Article   22.2 Publication 17
  • Article   22.3 Notification and Provision of Information 17
  • Article   22.4 Administrative Procedures 17
  • Article   22.5 Review and Challenge 17
  • Article   22.6 Specific Standards 17
  • Article   22.7 Definitions 17
  • Annex 22.1  Points of Contact 17
  • Chapter   23 Administration of the Agreement 17
  • Article   23.1 The Administrative Commission 17
  • Article   23.2 Agreement Coordinators 17
  • Article   23.3 Administration of Dispute Settlement Procedures 17
  • Annex 23.1  The Administrative Commission 17
  • Article   Annex 23.1.4 Implementation of the Decisions Approved by the Administrative Commission 18
  • Annex 23.3  Agreement Coordinators 18
  • Chapter   24 Dispute Settlement 18
  • Article   24.1 General Provisions 18
  • Article   24.2 Scope of Application 18
  • Article   24.3 Election of the Forum 18
  • Article   24.4 Consultations 18
  • Article   24.5 Good Offices, Conciliation and Mediation 18
  • Article   24.6 Establishment of a Panel 18
  • Article   24.7 Qualifications of Panelists 18
  • Article   24.8 Selection of the Panel 18
  • Article   24.9 Role of the Panel 18
  • Article   24.10 Rules of Procedure 18
  • Article   24.11 Preliminary Report 18
  • Article   24.12 Final Report 18
  • Article   24.13 Emergency Cases 18
  • Article   24.14 Compliance with the Report 18
  • Article   24.15 Non-compliance - Suspension of Benefits 18
  • Article   24.16 Compliance Review and Suspension of Benefits 18
  • Article   24.17 Suspension and Termination of Proceedings 19
  • Annex 24.2  Nullification and Impairment 19
  • Chapter   25 Exceptions 19
  • Article   25.1 General Exceptions 19
  • Article   25.2 Essential Safety 19
  • Article   25.3 Taxation 19
  • Article   25.4 Disclosure of Information 19
  • Article   25.5 Balance of Payments Safeguard Measures 19
  • Chapter   26 Final Provisions 19
  • Article   26.1 Annexes, Appendices and Footnotes 19
  • Article   26.2 Amendments 19
  • Article   26.3 Amendments to the WTO Agreement 19
  • Article   26.4 Reservations and Interpretative Statements 19
  • Article   26.5 Entry Into Force 19
  • Article   26.6 Denunciation 19