Costa Rica - Ecuador FTA (2023)
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Minister of Production, Foreign Trade and Investment and Fisheries, his delegate or successor.

Article Annex 23.1.4. Implementation of the Decisions Approved by the Administrative Commission

The Parties shall implement the decisions of the Administrative Commission referred to in article 23. 1.4, according to the following procedure:

(a) Costa Rica, the decisions of the Administrative Commission shall be equivalent to the instrument referred to in Article 121.4, third paragraph, (protocol of lower rank), of the Political Constitution of the Republic; and.

(b) for Ecuador, depending on the type of decisions of the Commission, by Executive Decree, Ministerial Agreement, Resolution of the Foreign Trade Committee, or its successor, or any other administrative act provided by its national legislation.

Annex 23.3. Agreement Coordinators

The Coordinators of the Agreement will be:

(a) for Costa Rica, the Director General of Foreign Trade of the Ministry Foreign Trade, his or her designee or successor; and

(b) for Ecuador, the unit designated by the Vice Ministry of Foreign Trade of the Ministry of Production, Foreign Trade, Investment and Fisheries, or its successor.

Chapter 24. Dispute Settlement

Article 24.1. General Provisions

1. This Chapter seeks to provide an effective, efficient and transparent dispute resolution process between the Parties with respect to the rights and obligations provided for in this Agreement.

2. The Parties shall at all times endeavor to reach agreement on the interpretation and application of this Agreement and shall make every effort, through cooperation, consultation or other means, to reach a mutually satisfactory resolution of any matter that might affect its operation.

3. All solutions of matters arising under the provisions of this Chapter shall be consistent with this Agreement and shall not nullify or impair the benefits resulting therefrom, nor shall they impede the attainment of its objectives.

Article 24.2. Scope of Application

Except as otherwise provided in this Agreement, the dispute settlement provisions of this Chapter shall apply to the prevention or settlement of all disputes between the Parties relating to the application or interpretation of this Agreement, or where a Party considers that:

(a) an existing or proposed measure of the other Party is or may be inconsistent with the obligations of this Agreement;

(b) the other Party has failed in any way to comply with the obligations of this Agreement; or

(c) an existing or proposed measure of the other Party causes or may cause nullification or impairment within the meaning of Annex 24.2.

Article 24.3. Election of the Forum

1. Disputes arising in respect of the same subject matter that is covered by this Agreement, the WTO Agreement and any other trade agreement to which the Parties are parties may be resolved in any of those fora, at the option of the complaining Party.

2. It shall be understood that two proceedings deal with the same matter when they refer to the same measure or to the same allegation of non-conformity or annulment or impairment.

3. Once the complaining Party has requested the establishment of a panel under this Chapter or under one of the treaties referred to paragraph 1, or has requested the establishment of a panel under the Understanding on Rules and Procedures Governing the Settlement of Disputes, which is part of the WTO Agreement, the forum selected shall be exclusive of the others.

4. Where there is more than one dispute concerning the same matter under this Agreement, they shall, to the extent possible, be heard by the same panel, if the Parties so agree.

5. Nothing in this Agreement shall be construed to prevent a Party from taking a measure consistent with the WTO Agreement, including a suspension of concessions and other obligations authorized by the WTO Dispute Settlement Body, or a measure authorized under a dispute settlement procedure of another trade agreement to which both Parties are parties.

Article 24.4. Consultations

1. A Party may request in writing to the other Party consultations with respect to any matter referred to in Article 24.2.

2. Pursuant to Article 24.2, the requesting Party shall deliver the written request to the other , in which it shall state the reasons for request, including identification of measure and an indication of the legal basis of the complaint.

3. The Party to which the request for consultations was addressed shall respond in writing within 10 days from the date of receipt of the request, unless the Parties agree otherwise.

4. The Parties shall hold the consultations within a maximum period of 30 days from the date of receipt of the request, unless the Parties agree on another period.

5. In cases of urgency, including those involving perishable goods or goods or services that rapidly lose their commercial value, such as certain seasonal goods or services, consultations shall begin within 15 days from the date of receipt of the request by the other Party.

6. The consulting Party may request the other Party to make available the personnel of its governmental institutions or other regulatory agencies having technical knowledge of the subject matter of the consultations. The Parties shall make every effort to provide cach other with the information requested during the consultations.

7. The Parties shall make every effort to arrive at a mutually satisfactory solution of any matter through consultations, in accordance with the provisions of this Article. For these purposes, each Party:

(a) provide sufficient information to permit a full review of the measure that could affect the operation and implementation of this Agreement, in accordance with Article 24.2; and

(b) shall treat confidential or proprietary information received during consultations in the same manner as that accorded to it by the Party that provided it.

8. Consultations shall be confidential and without prejudice to the rights of the Parties in proceedings under this Chapter.

9. Consultations may be held in person or by any technological means, unless the Parties agree otherwise. When the Parties decide that the consultations shall be face-to-face, they shall be held in the capital of the consulted Party.

10. Unless otherwise agreed by the Parties, the consultation period shall at 60 days from the date of receipt of the request for consultations.

Article 24.5. Good Offices, Conciliation and Mediation

1. The Parties may agree at any time to use methods such as good offices, conciliation or mediation. Such procedures may be commenced at any time and may be suspended or terminated at any time by either Party.

2. The procedures established pursuant to this Article shall be conducted in accordance with the procedures agreed upon by the Parties.

3. Proceedings involving good offices, conciliation and mediation shall be confidential and without prejudice to the rights of the Parties in any other proceedings.

Article 24.6. Establishment of a Panel

1. Unless the Parties agree otherwise and without prejudice to paragraph 5, the Party that requested consultations under Article 24.4. may request the establishment of a panel:

(a) if the Party consulted does not respond to the request within the time limit established in paragraph 3 of Article 24.4;

(b) if the Parties fail to consult within the time limits set forth in paragraphs 4 and 5 of Article 24.4, respectively;

(c) if the Parties have not resolved the matter that is the subject of the consultations within the time limit set forth in paragraph 10 of Article 24.4; or

(d) in any other term agreed upon by the Parties.

2. The complaining Party shall deliver to the other Party a written request for the establishment of a panel, in which it shall state the reason for the request and indicate:

(a) the specific measures or other matter complained of, in accordance with Article 24.2;

(b) the legal basis of the complaint, including the provisions of this Agreement that are possibly being violated and any other relevant provisions; and

(c) the factual basis of the claim and with sufficient information to present the problem clearly.

3. With the submission of the application, the panel will be deemed to have been established.

4. Unless otherwise agreed by the Parties, the panel shall be composed and perform its functions in accordance with the provisions of this Chapter.

5. A panel may not be established to review a draft measure.

Article 24.7. Qualifications of Panelists

1. All panelists shall:

(a) have at least 10 years of specialized knowledge and demonstrable experience in law, international trade, and other matters related to this Agreement in the resolution of disputes arising from international trade agreements;

(b) be selected strictly on the basis of their objectivity, impartiality, reliability and sound judgment;

(c) be independent, not be related to, and not receive instructions from, any of the Parties; and

(d) comply with the Code of Conduct established by the Commission, in accordance with Article 23.1 (The Administrative Commission).

2. The chairman of the panel, in addition to meeting the requirements set forth in paragraph 1, shall be a jurist.

3. Persons who have been involved in any of the proceedings referred to in Article 24.5 may not serve as panel members in the same dispute.

4. Panel members, upon accepting their appointment, shall undertake in writing to act in accordance with the provisions of this Chapter, the Rules of Procedure, the Code of Conduct and this Agreement.

Article 24.8. Selection of the Panel

The Parties shall apply the following procedures in the selection of panel members:

(a) the panel will be composed of three members;

(b) each Party shall, within 15 days after the date of receipt of the request for the establishment of the panel, propose up to four candidates who are not nationals of the Parties for the position of chairperson of the panel and notify other Party in writing;

(c) the Parties shall make every effort to appoint by mutual agreement the chairperson of the panel, from among the candidates proposed by the Parties, within 20 days after the expiration of the period provided for in subparagraph (b). If within that time the Parties are unable to agree on the appointment of the chairman, the chairman shall be selected by lot from among the candidates that have been proposed. The drawing of lots shall be carried out in accordance with the provisions of the Rules of Procedure, and take place within seven days after the expiration of the 20-day period;

(d) within 15 days after the election of the chairperson, each Party shall select a panelist;

(e) if a Party fails to appoint a panelist within the stipulated time limit, the panelist shall be selected by the other Party within five days thereafter from among the candidates who have been proposed for the chairmanship;

(f) In the event of the death, disqualification, incapacity or resignation of a panellist appointed by a Party, that Party shall appoint a new panellist within 15 days; otherwise, the appointment of the new panellist shall be made in accordance with subparagraph (e). In the event of the death, disqualification, inability or resignation of the chairperson of the panel, the parties shall agree on the appointment of a replacement within 15 days, failing which the replacement shall be appointed in accordance with subparagraph (c). If there are no further candidates, each Party shall propose up to three additional candidates within a further 20 days and the panellist or chair shall be selected by lot drawn up in accordance with the Rules of Procedure within the following seven days from among the proposed candidates;

(g) in either case, any term shall be suspended from the date on which the panelist or chairperson is unable to serve, and the suspension shall terminate on the date of selection of the replacement. The successor shall assume the duties and responsibilities of the original panelist;

(h) any Party may challenge a panelist or a candidate in accordance with the provisions of the Rules of Procedure and the Code of Conduct,

(i) the members of the panel, upon accepting their appointment, shall undertake in writing to act in accordance with the Rules of Procedure, the Code of Conduct and the provisions of this Chapter, and

(j) the date of formation of the panel shall be the date on which the last panelist has accepted his or her appointment.

Article 24.9. Role of the Panel

1. The function of the panel is to make an objective evaluation of the dispute submitted to it, including a review of the facts of the case, the applicability and compliance with this Agreement. It shall also make findings, determinations and recommendations for the resolution of the dispute submitted to it.

2. The panel shall consult regularly with the Parties and give them adequate opportunity to reach a mutually satisfactory solution.

3. The panel shall make its findings, determinations and recommendations based on the provisions of this Agreement, its analysis of the facts of the case, the arguments and evidence presented by the Parties, the provisions of international law applicable to the matter, and in accordance with the rules of treaty interpretation as reflected Articles 31 and 32 of the Vienna Convention on the Law of Treaties 1969. With respect to any provision of the WTO Agreement that has been incorporated into this Agreement, the panel may also consider the relevant interpretations contained in the WTO panel and Appellate Body reports adopted by the WTO Dispute Settlement Body.

Article 24.10. Rules of Procedure

1. The Commission shall establish the Rules of Procedure, in accordance with Article 23.1 (The Administrative Commission).

2. Any panel established under this Chapter shall follow the Rules of Procedure. A panel may establish, in consultation with the Parties, supplementary rules of procedure that do not conflict with the provisions of this Agreement and the Rules of Procedure.

3. Unless otherwise agreed by the Parties, the Rules of Procedure shall ensure:

(a) that the procedures shall guarantee the right to at least one hearing before the panel, as well as the opportunity to present pleadings and rebuttals;

(b) that the hearings before the panel, the deliberations, as well as all written submissions and communications made in the proceeding, shall be confidential;

(c) that all submissions and comments made by a Party to the panel shall be made available to the other Party;

(d) that the panel shall consider requests from non-governmental entities from the territories of the disputing Parties to provide written opinions related to the dispute that may assist the panel in evaluating the submissions and arguments of the disputing Parties;

(e) the protection of information that cither Party designates as confidential information; and

(f) the possibility of using technological means to carry out the procedures, provided that the means used does not diminish the right of a Party to participate in the procedures and that its authenticity can be guaranteed.

4. Unless otherwise agreed by the Parties within 15 days of the establishment of the panel, the terms of reference of the panel shall be:

"To examine, in an objective manner and in the light of the relevant provisions of this Agreement, the matter referred to in the request for the establishment of the panel and to make findings, determinations and recommendations as provided in Article 24.11."

5. If the complaining Party alleges in the request for the establishment of the panel that a matter has caused nullification or impairment of benefits within the meaning of subparagraph (c) of Article 24.2, the terms of reference shall so state.

6. If a Party wishes the panel to make findings on the level of adverse trade effects on a Party as a result of any measure found to be inconsistent with the obligations of this Agreement, the terms of reference should so state.

7. At the request of a Party or on its own initiative, the panel may seck information and technical advice from such experts as it deems necessary, provided that the Parties so agree, and upon such terms and conditions as the Parties may agree, in accordance with the Rules of Procedure.

8. The panel shall delegate to the chairperson the authority to make administrative and procedural decisions.

9. The panel may, in consultation with the Parties, modify any time limit for its proceedings and make such other administrative or procedural adjustments as may be required for the transparency and efficiency of the proceeding.

10. The panel shall seek to adopt its report by consensus. If this is not possible, it may adopt them by majority vote, in accordance with the provisions of article 24.12.

11. Panelists may submit separate opinions on matters on which a unanimous decision was not reached. The panel may not disclose the identity of the panelists who have expressed a majority or minority opinion.

12. Unless otherwise agreed by the Parties, the expenses of the panel, including the remuneration of its members, shall be borne equally, in accordance with the Rules of Procedure.

Article 24.11. Preliminary Report

1. The panel shall base its preliminary report on the relevant provisions of this Agreement, the written submissions and arguments of the Parties, or any information received by the panel pursuant to Article 24.10.

2. Unless otherwise agreed by the Parties, the panel shall submit the preliminary report to the Parties within 90 days, or 60 days in urgent cases, of the acceptance of the last panelist.

3. Only in exceptional cases, if the panel considers that it cannot issue its preliminary report within the time limits referred to in paragraph 2, it shall inform the Parties in writing of the reasons justifying the delay, together with an estimate of the time within which it will issue its preliminary report. Any delay shall not exceed an additional 30 days, unless the Parties agree otherwise.

4. The preliminary report will contain:

(a) a summary of the Parties! briefs and oral arguments;

(b) conclusions, with factual and legal grounds;

(c) determinations as to whether or not a Party has complied with its obligations under this Agreement and any other determinations requested in the mandate; and

(d) its recommendations for the implementation of the decision, when requested by any of the Parties.

5. The panel shall not disclose confidential information in any of its preliminary reports, but may state conclusions derived from such information.

Article 24.12. Final Report

1. A Party to the dispute may submit written comments or requests for clarification in writing on the preliminary report to the panel within 15 days of the submission of the preliminary report, or within any other period of time established by the panel. After considering such comments and requests, the panel shall endeavor to respond to such comments and requests and, to the extent it deems appropriate, shall develop additional analysis. For this purpose, the panel may, on its own motion or at the request of a Party:

(a) request comments from any Party;

(b) conduct any due diligence it deems appropriate; or (c) reconsider the preliminary report.

2. The panel shall submit the final report to the Parties within 30 days of the submission of the preliminary report, unless the Parties agree on a different deadline.

3. The final report of the panel shall be final, unappealable and binding on the Parties upon receipt of the respective notification. It shall be adopted in accordance with paragraph 10 of Article 24.10, shall be reasoned, and shall be signed by the chair of the panel and by the other panelists.

Article 24.13. Emergency Cases

In cases of urgency, the time limits established in this Chapter shall be reduced by half, unless otherwise provided herein.

Article 24.14. Compliance with the Report

1. The final report shall be binding on the disputing Parties under the terms and within the time limits ordered by it, which shall not exceed six months from its notification, unless the Parties agree otherwise.

2. Where the final report of the panel finds that the measure is inconsistent with this Agreement, the Party complained against shall refrain from implementing the measure or shall repeal it.

3. Where the final report of the panel finds that the measure causes nullification or impairment within the meaning of Article 24.2, it shall determine the level nullification or impairment and may suggest, if the Parties so request, such adjustments as it considers mutually satisfactory to the Parties.

4. The Parties may agree on a mutually satisfactory Action Plan for compliance with the final report, which shall conform to the findings and recommendations of the panel, if any.

5. If the Parties have agreed on an Action Plan and this has not been complied with, the complaining Party may have recourse to Article 24.15 or Article 24.16, as the case may be.

Article 24.15. Non-compliance - Suspension of Benefits

1. The complaining Party may, upon notification to the Party complained against, suspend benefits of equivalent effect to such Party complained against in the following cases:

(a) when, in the absence of an action plan, six months have elapsed since the notification of the final report, in which the measure has been declared incompatible and the Party complained against has not yet refrained from implementing the measure or has not repealed it;

(b) where a plan of action for the settlement of the dispute has been agreed upon in accordance with Article 2414.4 and the Party complained against has not complied with it;

(c) when, after the time limit established in paragraph 1 of Article 24.14, the Party complained against has not complied with the adjustments recommended by the panel in the final report, if the panel determined that the measure is a cause of nullification or impairment.

2. In the notification, the complaining Party shall specify:

(a) the date on which the suspension will begin;

(b) the level of benefits or other obligations it proposes to suspend; and

(c) the limits within which the suspension shall apply, including which benefits and obligations provided for in this Agreement shall be suspended.

3. In considering the benefits to be suspended pursuant to paragraph 1:

(a) the complaining Party shall first seck to suspend benefits within the same sector or sectors that are affected by the measure or other matter that the panel has found to be inconsistent with the obligations under this Agreement or to have caused nullification or impairment within the meaning of paragraph (c) of article 24.2; and

(b) a complaining Party that considers it impracticable or ineffective to suspend benefits within the same sector or sectors may suspend benefits in other sectors.

4. The suspension of benefits shall be of a temporary nature and shall only be applied by the complaining Party until:

(a) the measure found to be inconsistent with the obligations of this Agreement is brought into conformity with this Agreement or the required adjustments are made the case of nullification or impairment of benefits within the meaning of paragraph (c) of Article 24.2;

(b) the time at which the Parties reach an agreement on the settlement of the dispute; or

(c) that the panel described in Article 24.8 concludes in its report that the Party complained against has complied.

5. The suspension of benefits will take effect no sooner than five days after such notification.

Article 24.16. Compliance Review and Suspension of Benefits

1. A Party may, by written notice to the other Party, request that the panel constituted under Article 24.8 be reconvened to make a determination:

(a) whether the level of suspension of benefits applied by the complaining Party in accordance with paragraph 1 of Article 24.15 is manifestly excessive;

(b) on any disagreement as to the existence of measures taken to comply with the report of the originally formed panel or as to the compatibility of such measures with this Agreement.

2. In the written communication, the Party shall indicate the specific measures or issues in dispute and provide a brief summary of the legal basis of the complaint sufficient to present the problem clearly.

3. If the original panel or any of its members cannot be reconvened, the provisions of Article 24.8 shall apply mutatis mutandis.

4. The provisions of Articles 24.9, 24.10, 24.11 and 24.12 apply mutatis mutandis to procedures adopted and reports issued by a panel that is reconstituted under the terms of this Article.

5. A panel reconvened under subparagraph 1(b) shall determine whether it is appropriate to terminate any suspension of benefits. If the panel is under subparagraph 1(a) and determines that the level of suspended benefits is manifestly excessive, it shall set the level of benefits it considers to be of equivalent effect.

Article 24.17. Suspension and Termination of Proceedings

  • 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