Costa Rica - Ecuador FTA (2023)
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5. When a procuring entity receives a tender whose price is abnormally lower than the prices of the other tenders submitted, the entity may verify with the supplier whether the supplier complies with the conditions for participation and has the capacity to perform the contract.

6. A procuring entity may not cancel a procurement or terminate or modify a procurement contract that has been awarded for the purpose of evading this Chapter.

Article 17.15. Transparency of Procurement Information Information to Be Provided to Suppliers

1. A procuring entity shall promptly inform participating suppliers of its decision on the award of a procurement contract and, upon request, shall do so in writing. Subject to Article 17.16, a procuring entity shall, upon request, inform a supplier whose tender was not successful of the reasons for its decision and the relative advantages of the successful tender.

Publication of Award Information

2. As soon as practicable after an award, a procuring entity shall publish in an electronic medium readily accessible to the public, a notice that includes, at a minimum, the following information about the contract award:

(a) the name of contracting entity;

(b) a description of goods or services contracted;

(c) the date of the award;

(d) the name of the supplier to whom the contract was awarded; (e) the value of the contract; and

(f) where the procuring entity has not used open tendering, an indication of the circumstances that justified the use of such procedures in accordance with paragraph 2 of Article 17.12.

Record Keeping

3. A procuring entity shall maintain reports or records of procurement proceedings relating to covered procurement, including reports relating to covered procurement, including the reports referred to in paragraph 3 of Article 17.12, and shall maintain such reports or records for a period of at least three years after the date of award of a contract.

Article 17.16. Disclosure of Information Delivery of Information to the other Party

1. On request of a Party, the other Party shall provide in a timely manner information necessary to determine whether a procurement has been conducted fairly, impartially and accordance with this Chapter. Such information shall include information on the characteristics and relative advantages of the successful tender.

Non-Disclosure of Information

2. No Party, including its contracting entities, authorities or review bodies, may disclose information that the person who provided it has designated as confidential, in accordance with its national legislation, except with the authorization of that person.

3. Without prejudice to any other provision of this Chapter, no Party, including its procuring entities, shall provide any particular supplier with information that may prejudice fair competition between suppliers.

4. Nothing in this Chapter shall be construed to require Party, including its contracting entities, authorities and review bodies, to disclose confidential information under this Chapter, if such disclosure would:

(a) prevent compliance with the law;

(b) harm fair competition among suppliers;

(c) prejudice the legitimate commercial interests of private parties, including the protection of intellectual property; or

(d) otherwise be contrary to the public interest.

Article 17.17. National Review Procedures

1. Each Party shall ensure that its procuring entities give fair and timely consideration to any complaint by its suppliers regarding an allegation of non-compliance with this Chapter arising in the context of a covered procurement in which they have or have had an interest.

2. Each Party shall provide a timely, effective, transparent and non-discriminatory administrative or judicial review procedure, in accordance with the principle of due process, through which a supplier may file a complaint alleging a breach of this Chapter arising in the context of covered procurement in which the supplier has or has had an interest.

3. Each Party shall establish or designate at least one impartial administrative or judicial authority, independent of its procuring entities, to receive and review a challenge filed by a supplier in a covered procurement, and to issue appropriate determinations and recommendations.

4. Where a body other than the authority referred to in paragraph 3 initially reviews a challenge, the Party shall ensure that the supplier may appeal the initial decision to an administrative or judicial authority, which is independent of the procuring entity whose procurement is the subject of the challenge.

5. Each Party shall adopt or maintain procedures that it establishes:

(a) interim measures to preserve the supplier's ability to participate in the procurement, which are applied by the procuring entity or by the impartial authority referred to in paragraph 3. The procedures may provide that the prevailing adverse consequences for the interests concerned, including the public interest, may be taken into account in deciding whether such measures should be applied. The reason for not taking such measures shall be stated in writing; and

(b) where a review body has determined the existence of a non-compliance referred to in paragraph 2, corrective measures or a compensation for loss or damage suffered, accordance with the national legislation of each Party.

Article 17.18. Modification and Amendments to Coverage

1. When a Party modifies its procurement coverage under this Chapter, the Party:

(a) notify the other Party in writing; and

(b) shall include in the notification a proposal for appropriate compensatory adjustments to the other Party to maintain a level of coverage comparable to that existing prior to the modification.

2. Notwithstanding subparagraph 1b), a Party need not grant compensatory adjustments where:

(a) the modification in question is a minor amendment or a rectification of a purely formal nature; or

(b) the proposed modification covers an entity over which the Party has effectively eliminated control or influence.

3. If the other Party does not agree that:

(a) an adjustment under the scope of subparagraph 1 (b) is adequate to maintain a comparable level of mutually agreed coverage;

(b) the proposed modification is a minor amendment or rectification within the scope of subparagraph 2 (a); or

(c) the proposed modification covers a contracting entity over which the Party has effectively eliminated its control or influence under the scope of subparagraph 2(b).

must object in writing within 30 days of receipt of the notice referred to paragraph 1 or agreement on the proposed change or modification shall be deemed to have been reached even for the purposes of Chapter 24 (Dispute Settlement).

4. When the Parties agree on the proposed modification, rectification or amendment, including when a Party has not objected within 30 days under the scope of paragraph 3, the Parties shall give effect to the agreement by immediately modifying Annex 17.1 through the Commission.

Article 17.19. Integrity In Procurement Practices

Each Party shall establish or maintain procedures for declaring the ineligibility to participate in the Party's procurement, either indefinitely or for a prescribed period, of suppliers that the Party determines to have engaged in illegal or fraudulent activities relating to government procurement. Upon request of the other Party, the Party receiving the request shall identify the suppliers determined to be ineligible under these procedures and, where appropriate, exchange information with respect to these suppliers or the fraudulent or illegal activity.

Article 17.20. Additional Negotiations

At the request of a Party, the other Party may consider conducting additional negotiations for the purpose of expanding the scope and coverage of this Chapter. If as a result of these negotiations the Parties agree to modify the Annexes to this Chapter, the result shall be submitted to the Committee for implementation.

Article 17.21. Strategic Procurement

1. The Parties recognize the instrumental nature of public procurement for economic and social progress and general welfare. They also recognize the importance of consolidating public policies aimed at equitable social development and the economic promotion of vulnerable sectors, environmental protection and the promotion of innovation, among others.

2. The Parties recognize the importance of the participation of micro, small and medium- sized enterprises in government procurement and the importance of business alliances between suppliers of each Party, and in particular micro, small and medium-sized enterprises, including joint participation in bidding procedures.

3. In such a way that the commitments of this Chapter are not violated, the Parties may incorporate strategies to include preferential rules for MSMEs, as well as to promote the

participation of social groups in vulnerable conditions, environmental protection and the encouragement of innovation, among others.

Article 17.22. Cooperation

1. The Parties recognize the importance of cooperation as a way to achieve a better understanding of their respective government procurement systems, as well as better access to their respective markets, particularly for micro, small and medium-sized enterprises.

2. The Parties shall make their best efforts to cooperate on issues such as:

(a) exchange of experiences and information, including regulatory framework, best practices and statistics;

(b) development and use of electronic means of information in public procurement systems;

(c) training and technical assistance to suppliers on access to the public procurement market; and

(d) institutional strengthening for compliance with this Chapter, including the training of public officials.

Article 17.23. Public Procurement Committee

1. The Parties hereby establish a Procurement Committee (hereinafter referred to as "the Committee"), composed of:

(a) for Costa Rica by the Ministry of Foreign Trade and the Public Procurement Directorate, or their successors;

(b) for Ecuador by the Ministry of Production, Foreign Trade, Investment and Fishing and the National Public Procurement Service, or their successors.

2. The functions of the Committee shall include:

(a) monitor the implementation and administration of this Chapter, including its use, and recommend appropriate activities to the Commission,

(b) report to the Commission on the implementation and administration of this Chapter, as appropriate,

(c) evaluate and follow up on cooperation activities;

(d) consider conducting additional negotiations with the objective of expanding the coverage of this Chapter; and

(e) to deal with any other matter related to this Chapter.

3. Unless otherwise agreed by the Parties, the Committee shall meet every two years in ordinary session, on a date mutually agreed by the Parties. The Parties shall determine those cases in which extraordinary meetings may be held.

4. The meetings may be held in person or by any technological means. When they are face-to-face, they shall be held alternately in the territory of each Party, and the host Party shall be responsible for organizing and chairing the meeting, unless the Parties agree otherwise. The first meeting of the Committee shall be held no later than one year after the date of entry into force of this Agreement.

5. Unless otherwise agreed by the Parties, the Committee shall be of a permanent nature and shall develop its working rules.

Article 17.24. Definitions

For the purposes of this Chapter:

notice of intended procurement means a notice published by the procuring entity inviting interested suppliers to submit a request for participation, a bid, or both;

conditions for participation means any registration, qualification or other prerequisites for participation in a public procurement;

contracting entity means an entity listed in Annex 17.1;

written or in writing means any expression in words, numbers or other symbols, which can be read, reproduced and subsequently communicated. It may include information transmitted and stored electronically;

technical specification means a procurement requirement that:

(a) establishes the characteristics of the goods or services to be contracted, including quality, performance, safety and dimensions, or the processes and methods for their production or provision; or

(b) establish terminology, symbols, packaging, marking or labeling requirements as they apply to a good or services;

open bidding means a method of procurement in which all interested suppliers may submit a bid;

restricted tendering means a method of procurement by which a procuring entity contacts a supplier or suppliers of its choice;

commercial goods or services means goods or services of a type generally sold or offered for sale in the commercial market to, and normally purchased by, nongovernmental purchasers for nongovernmental purposes;

standard means a document approved by a recognized body, which provides, for common and repeated use, rules, guidelines or characteristics for goods, or services or related processes and methods of production, compliance with which is not mandatory. It may also include or refer exclusively to terminology, symbols, packaging, markings or labeling requirements as they apply to a product, service, process or production method;

supplier means a person who provides or could provide goods or services to a contracting entity;

services include construction services, unless otherwise specified;

construction service means a service the object of which is the performance by whatever means of civil or construction work, based on Division 51 of the provisional version of United Nations Central Product Classification (CPC); and.

electronic auction means an iterative process in which suppliers use electronic means to submit new prices or new values for quantifiable non-price bid elements, or both, that are linked to the evaluation criteria, and which results in a ranking or reclassification of bids.

Chapter 18. Micro, Small and Medium Enterprises

Article 18.1. General Principles

1. The Parties recognize that MSMEs contribute significantly to trade, economic and financial growth, employment, innovation and social stability.

2. The Parties shall endeavor to support the growth and development of MSMEs, increasing their capacity to participate in and benefit from the opportunities created by this Agreement.

3. The Parties recognize that, in addition to the provisions of this Chapter, there are other provisions in this Agreement that seek to enhance cooperation between the Parties on matters related to MSMEs or that may be particularly beneficial to MSMEs.

Article 18.2. Exchange of Information

1. Each Party shall establish or maintain its own publicly accessible website containing information with respect to this Agreement, including:

(a) the text of this Agreement;

(b) a summary of this Agreement; and

(c) information for MSMEs, containing:

(i) a description of the provisions of this Agreement that the Party considers relevant to MSMEs; and.

(ii) any additional information that the Party considers useful for MSMEs interested in benefiting from the opportunities granted by this Agreement.

2. Each Party shall include, on the site referred to in paragraph 1, links :

(a) the equivalent websites of the other Party; and

(b) the websites of its government agencies and other appropriate entities that provide information that the Party considers useful to any person interested in trading, investing or doing business in the territory of that Party.

3. Subject to the legislation of each Party, the information described in paragraph 2 (b) may include:

(a) customs regulations and procedures;

(b) regulations and procedures on intellectual property rights;

(c) technical regulations, standards, and sanitary and phytosanitary measures related to import and export;

(d) foreign investment regulations;

(e) business registration procedures;

(f) information on networking and innovation ecosystems in the sector;

(g) labor regulations; and

(h) tax information.

4. Each Party shall regularly review the information and links on the websites referred to in paragraphs 1 and 2 to ensure that such information and links are correct and up to date.

5. Each Party shall ensure that the information contained in this Article is presented in a clear and practical manner, with emphasis on facilitating access and use by MSMEs.

Article 18.3. Focal Points

1. The Parties establish the following focal points:

(a) in the case of Costa , the Ministry of Economy, Industry and Commerce, through the General Directorate for the Support of Small and Medium Enterprises (DIGEPYME), and the Ministry of Foreign Trade, through the General Directorate of Foreign Trade, for communications with the Commission and any other matter within its competence or its successors; and

(b) in the case of Ecuador, the Ministry of Production, Foreign Trade, Investment and Fisheries through the Undersecretariat of MSMEs and Handicrafts, or its successor.

2. The focal points shall:

(a) identify ways to assist MSMEs of the Parties to take advantage of the commercial opportunities under this Agreement;

(b) exchange and discuss the experiences and best practices of each Party supporting and assisting MSMEs;

(c) coordinate, if necessary, with other institutions when specific information, which does not fall within the functions of the focal points, is required regarding, among others:

(i) training programs;

(ii) trade, finance, market and innovation education;

(iii) trade financing;

(iv) fair trade and responsible consumption;

(v) identification of other commercial, technological and service partners;

(vi) market studies; and

(vii) the establishment of good trade practices;

(d) recommend additional information that a Party may include on the website referred to in Article 18.2;

(e) review and coordinate the work program with other focal points, committees, working groups or any other subsidiary bodies established under this Agreement, as well as those of other relevant international organizations, in order not to duplicate those work programs and to identify appropriate opportunities for cooperation to enhance the capacity of MSMEs to engage in the trade and investment provided by this Agreement;

(f) facilitate the development of programs to assist MSMEs to participate and integrate effectively in global value chains;

(g) exchange information to assist in monitoring the implementation of this Agreement;

(h) report findings and make recommendations to the Commission that may be included in future assistance programs and MSME programs, as appropriate; and

(i) consider any other matters related to MSMEs that the focal points may decide, including any issues raised by MSMEs regarding their ability to benefit from this Agreement.

3. The focal points shall meet as agreed by the Parties, in person or by any technological means, to consider any matter related to this Chapter.

Article 18.4. Dialogue on MSMEs

The Parties shall make every effort, through dialogue, consultation and cooperation, to reach consensus on any matter that may arise regarding the interpretation and application of this Chapter.

Article 18.5. Non-Application of Dispute Resolution

Neither Party may have recourse to the dispute settlement mechanism provided for in Chapter 24 (Dispute Settlement) with respect to any matter arising under this Chapter.

Chapter 19. Trade and Gender


Article 19.1. General Provisions

1. The Parties recognize the importance of incorporating a gender perspective in the promotion of inclusive economic growth, and the fundamental role that public policies for gender equality can play in achieving sustainable economic development, which aims, among other things, to distribute the benefits among the entire population, offering equal opportunities between men and women in access to and permanence in the labor market, business, trade and industry.

2. The Parties recognize their commitment to the United Nations 2030 Agenda for Sustainable Development, especially Goal 5 on achieving gender equality and empowering all women and girls.

3. The Parties undertake to promote policies and good practices for gender equality and to strengthen the capacity of the Parties in this area, including in non-governmental sectors, in order to promote equality of rights, treatment and opportunities between men and women and the elimination of all forms of discrimination and all types of violence against women.

4. The Parties recognize that international trade and investment are engines of economic growth, and that improving women's access to opportunities and removing barriers in their countries enhances their participation in both the national and international economy and contributes to sustainable economic development.

5. The Parties recognize that the increased participation of women in the labor market and their economic autonomy, as well as the facilitation of their access, use and control of economic resources, contribute to sustainable and inclusive economic growth, prosperity, competitiveness and the well-being of society as a whole.

  • 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