Costa Rica - Ecuador FTA (2023)
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1. The Parties establish a Committee on Rules of Origin (hereinafter "the Committee"), composed of representatives of each Party.

2. The functions of the Committee shall include:

(a) monitor the implementation and administration of this Chapter;

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

(c) to cooperate in the effective, uniform and consistent administration of this Chapter, and to encourage cooperation in this regard,

(d) review and recommend to the Commission any modifications to Annex 3.1, including when amendments are made to the Harmonized System;

(e) propose to the Parties, through the Commission, modifications to this Chapter. The proposed modifications shall be submitted at the request of one or both Parties, who shall submit the proposals with the corresponding technical support and studies; and

(f) 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 they 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 3.34. Definitions

For the purposes of this Chapter:

aquaculture means the cultivation or farming of aquatic species, including, among others, fish, mollusks, crustaceans, other invertebrates and plants, covering their complete or partial life cycle, from seed such as eggs, fish, shellfish, shellfish, crustaceans, and other invertebrates, and plants, covering their complete or partial life cycle, from seed such as eggs, fish, crustaceans, crustaceans, other invertebrates, and plants, immature fish, fry (3) and larvae. It is carried out in a selected and controlled environment, in natural or artificial water environments, in marine, fresh or brackish waters. It includes stocking or seeding, restocking or replanting, cultivation, as well as research activities and the processing of the products derived from this activity;

(3) Fry means young fish in the post-larval stage, e.g., minnows, smolts and glass eels.

CIF means the value of the imported merchandise including insurance and freight costs to the port or place of introduction in the country of importation by whatever means of transport;

shipping containers and packing materials means goods used to protect merchandise during transportation and does not include containers and materials in which merchandise is packaged for retail sale;

authorized entity means:

(a) for Costa Rica, the Promotora de Comercio Exterior de Costa Rica (PROCOMER), or its successor; and.

(b) for Ecuador, the Ministry of Production, Foreign Trade, Investment and Fisheries or its successor, which is the competent authority for the issuance of Certificates of Origin, granting the authorization of authorized exporter and other powers contained in this Chapter. In turn, it may delegate the issuance of Certificates of to authorized entities, in accordance with its national legislation;

exporter means a person located in the territory of a Party from which the good is exported;

FOB means the value of the goods free on board, including the cost of transportation to the final port or place of shipment, regardless of the means of transport;

importer means a person located in the territory of a Party into which the good is imported;

material means a good that is used in the production of another good, including any component, ingredient, raw material, part or piece;

intermediate material means an originating material that is produced by the producer of a good and used in the production of that good;

fungible goods or materials means goods or materials that are interchangeable for commercial purposes and whose properties are essentially identical and which cannot be distinguished from one another by simple visual examination;

identical goods means identical goods as defined in the WTO Customs Valuation Agreement;

non-originating good or non-originating material means a good or material that does not qualify as originating under this Chapter, including materials or goods of unknown origin;

Generally Accepted Accounting Principles means recognized consensus or substantial support authorized and adopted in the territory of a Party with respect to the recording of revenues, expenses, costs, assets and liabilities, the disclosure of information and the preparation of financial statements. Generally Accepted Accounting Principles may encompass broad guidelines of general application, as well as those detailed standards, practices and procedures;

production means the cultivation, extraction, harvesting, fishing, breeding, trapping, hunting, hunting, manufacturing, processing, or assembling of a commodity;

producer means a person who engages in the production of a good in the territory of a Party; and

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

Chapter 4. Trade Facilitation and Customs Procedures

Article 4.1. General Provisions

1. The Parties reiterate their commitment to implement the Trade Facilitation Agreement, set out in Annex 1A of the WTO Agreement, by ensuring that their import, export and transit operations of goods are applied in a predictable, uniform and transparent manner.

2. Each Party shall employ information technology, to the extent possible, to make its controls more efficient and facilitate legitimate trade.

Article 4.2. Publication

1. Each Party shall publish, including on the Internet, its laws, regulations, and procedures for the import, export, and transit of goods; as well as the forms, required documents, the schedule of personnel operating at ports, airports, land border posts, and other points of entry; the duties and taxes and any other payments applicable to the import, export, and transit of goods, as well as the procedures for appeal or review and penalties.

2. Each Party shall designate or maintain one or more consultation points to address inquiries from interested persons on customs matters, and shall make available on the Internet information regarding the procedures to be followed in making such inquiries.

3. To the extent possible, each Party shall publish in advance any regulations of general application on customs matters that it proposes to adopt, and shall provide interested persons with an opportunity to comment prior to their adoption.

4. Each Party shall ensure that its customs laws, regulations and procedures are transparent and non-discriminatory.

5. Information on fees and charges related to the supply of foreign trade services provided by a Party shall be published, including on the Internet.

Article 4.3. Dispatch of Goods

1. In order to facilitate trade between the Parties, each Party shall adopt or maintain simplified customs procedures for the efficient clearance of goods.

2. Pursuant to paragraph 1, each Party shall adopt or maintain procedures that:

(a) provide for the release of goods within a period no longer than that required to ensure compliance with their customs legislation and, to the extent possible, within 48 hours of arrival;

(b) allow goods to be cleared at the point of arrival, without compulsory transfer to warchouses or other premises, except when the customs authority needs to exercise additional controls, for reasons of infrastructure, acts of God or force majeure; and

(c) allow importers, in accordance with their national legislation, to withdraw the goods from their customs, before and without prejudice to the final determination the customs authority of the applicable customs duties, taxes and charges, for which a guarantee may be required for release prior to payment, provided that this guarantee does not exceed the amount of the final payment and is released after the payment of the obligations has been satisfied.

3. Each Party shall ensure, to the extent possible, that its competent authorities in the control of export and import of goods coordinate, inter alia, the requirements for information and documents, establishing a single place and time for physical verification, without prejudice to the controls that may apply in the case of post-clearance audits.

4. With a view to preventing loss or deterioration of perishable goods, provided that all regulatory requirements have been complied with, each Party shall arrange for the release of perishable goods:

(a) in normal circumstances, as soon as possible after the arrival of the goods and the submission of information required for the release of the goods; and

(b) in exceptional circumstances where it would be appropriate to do so, outside the working hours of your customs authority.

5. Each Party shall give due priority to perishable goods when scheduling any revisions that may be necessary.

6. Each Party shall allow, to the extent possible, the electronic submission of any entry process documents, including licenses, permits, authorizations and other required documents.

Article 4.4. Automation

1. Each Party shall endeavor to use information technology that makes the procedures for the import, export and transit of goods expeditious and efficient. To this end, each Party shall:

(a) will strive to use internationally recognized norms, standards and practices;

(b) will make electronic systems accessible to its customs users;

(c) shall allow the electronic transmission and processing of information and data prior to the arrival of the goods, in order to allow their clearance in accordance with the provisions of article 4.3;

(d) use electronic or automated systems for risk analysis and management, except in duly justified cases;

(e) work on the development of compatible electronic systems between the Parties! customs authorities to facilitate the exchange of international trade data between them;

(f) work to develop the set of common data elements and processes in accordance with the World Customs Organization (hereinafter "WCO") Data Model and related WCO recommendations and guidelines; and

(g) provide for the possibility of adopting procedures that allow the option of electronic payment of duties, taxes, fees and charges for the import, export or transit of goods.

2. Each Party shall adopt or maintain procedures to enable expeditious control of means of transport of goods leaving or entering its territory.

Article 4.5. Risk Administration or Risk Management

1. Each Party shall endeavor to adopt or maintain risk management systems that enable its customs authority to focus its inspection activities on high-risk goods, and that simplify the clearance and movement of low-risk goods, while respecting the confidential nature of information obtained through such activities.

2. In implementing risk management, each Party shall inspect imported goods based on appropriate selectivity criteria, avoiding physical inspection of all goods entering its territory, and to the extent possible, with the aid of non-intrusive inspection instruments.

Article 4.6. Transit of Goods

Each Party shall grant free transit to goods of the other , in accordance with Article V of the GATT 1994, including its interpretative notes.

Article 4.7. Expedited Delivery Shipments

1. Each Party shall adopt or maintain special customs procedures for fast delivery shipments, while maintaining appropriate control and selection systems in accordance with their nature.

2. The procedures referred to in paragraph 1 shall:

(a) provide for separate and expedited customs procedures for fast delivery shipments;

(b) provide for the presentation of the cargo manifest for the clearance of a fast delivery shipment, prior to the arrival of the shipment;

(c) to allow the presentation of a single cargo manifest covering all the goods contained in a shipment transported by an express delivery service, through electronic means;

(d) provide for the clearance of quick delivery shipments of lower risk and/or value with a minimum of documentation required for their release;

(e) under normal circumstances, to the extent possible, provide for the clearance of expedited shipments within 6 hours of presentation of the necessary customs documents, provided the shipment has arrived;

(f) under normal circumstances, to provide that no tariffs shall be fixed for the expedited delivery of correspondence, documents, newspapers and periodicals for non- commercial purposes; and

(g) under normal circumstances, provide that no customs duties shall be levied on expedited in respect of a de minimis value, fixed by each Party in its national legislation. Formal entry documents shall be simplified in accordance with the national legislation of each Party.

Article 4.8. Authorized Economic Operator

1. The Parties shall promote the implementation and strengthening of Authorized Economic Operator (AEO) programs in accordance with the WCO Framework of Standards to Secure and Facilitate Global Trade (SAFE Framework of Standards), in order to facilitate the clearance of their goods. Their obligations, requirements and formalities shall be established in accordance with the national legislation of each Party.

2. The customs authorities of the Parties shall move forward, in accordance with their respective legal systems, in the subscription and effective implementation of Mutual Recognition Agreements between them.

Article 4.9. Foreign Trade Single Window

The Parties shall promote the creation of a Foreign Trade Single Window to expedite and facilitate trade. The Parties shall seek interoperability between their Single Windows.

Article 4.10. Review and Appeal

Each Party shall ensure, with respect to administrative acts concerning the import, export and transit of goods, that persons subject to such acts have access to:

(a) a level of administrative review that is independent of the official or office that issued the act; or

(b) at least one level of judicial review.

Article 4.11. Sanctions

Each Party shall adopt or maintain measures that allow for the imposition of administrative sanctions and, where appropriate, criminal sanctions, for the violation of national legislation on customs matters.

Article 4.12. Advance Rulings

1. Each Party shall issue in writing an advance ruling prior to the importation of a good into its territory, when an importer in its territory, or an exporter or producer in the territory of the other Party has so requested in writing, with respect to:

(a) tariff classification;

(b) the application of customs valuation criteria for a particular case, in accordance with the application of the provisions contained in the WTO Customs Valuation Agreement;

(c) whether a good is originating under Chapter 3 (Rules of Origin and Origin Procedures) of this Agreement;

(d) such other matters as the Parties may agree.

2. Each Party shall issue the advance ruling within 60 calendar days of the filing of the request, provided that the applicant has submitted all information to the satisfaction of the customs authority, including, if requested, a sample of the good for which the applicant is requesting the advance ruling. In issuing the advance ruling, the Party shall take into account the facts and circumstances submitted by the applicant.

3. Each Party shall provide that advance rulings shall take effect from the date of their issuance, or such other date specified in the ruling provided that the facts or circumstances on which the ruling is based have not changed.

4. Each Party shall endeavor to make its advance rulings publicly available, including on the Internet, subject to confidentiality requirements under its national law.

5. The advance rulings issued and in force may be annulled, modified or revoked by the same authorities that issued them, ex officio or at the request of the applicant, when one of the following situations arises:

(a) the competent authority has knowledge that the resolution was issued based on information provided by the applicant in a false, incorrect or inaccurate manner or omits circumstances or facts relevant to the decision making process. In such cases, the effects of the annulment shall be applicable as of the date on which the advance tuling was issued and the appropriate civil, criminal and administrative penalties may be applied in accordance with the national legislation of each Party;

(b) the competent authority considers it appropriate to apply different criteria on the same facts and circumstances that were the object of the initial advance ruling. In this event, the modification or revocation shall be applied as from the date of the change and in no case may it be opposed to situations presented while the resolution was in force; or

(c) when the decision must be modified due to changes introduced in the rules that served as basis, it shall apply only as of the date on which the changes in the rules were generated and in no case may it be opposed to situations presented while the decision was in force.

With respect to subparagraph (a), the Competent Authority shall notify the applicant of the respective resolution. In the cases provided for in subparagraphs (b) and (c), the Competent Authority shall make the revised information available to the interested persons sufficiently in advance of the date on which the amendments become effective.

Article 4.13. Committee on Trade Facilitation and Customs Procedures

1. The Parties establish a Committee on Trade Facilitation and Customs Procedures (hereinafter "the Committee"), composed of representatives of each Party.

2. The functions of the Committee shall include:

(a) monitor the implementation and administration of this Chapter;

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

(c) promptly deal with matters proposed by a Party with respect to the development, adoption, application or implementation of the provisions of this Chapter;

(d) to promote the joint cooperation of the Parties in the development, application, implementation, execution and improvement of all matters pertaining to this Chapter, as well as to serve as a forum for consultation and discussion on such matters;

(e) at the request of a Party, resolve consultations on any matter arising under this Chapter within 30 days,

(f) propose solutions to the Commission on issues related to:

(i) interpretation and application of this Chapter;

(ii) customs tariff classification matters; and

(iii) other matters relating to practices or procedures adopted by the Parties under this Chapter; and

(g) 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 they 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 4.14. Cooperation

1. In order to facilitate the effective operation of this Chapter, each Party shall endeavor to give prior notice to the other Party of any significant changes in its customs legislation that may affect the implementation of this Chapter.

2. The Parties shall cooperate to achieve compliance with their respective legislation with respect to:

(a) the implementation and operation of the provisions of this Chapter in matters imports or exports, transit of goods;

(b) the implementation and operation of the WTO Customs Valuation Agreement;

(c) restrictions or prohibitions on imports or exports;

(d) training of staff and users; and

(e) such other customs matters as the Parties may agree.

3. In order to facilitate trade between the Parties, each Party shall endeavor to provide the other with technical advice and assistance for the purpose of improving risk assessment and risk management techniques, simplifying and expediting customs procedures for the timely and efficient clearance of goods, improving the technical skills of personnel, and increasing the use of technologies that may lead to better compliance with a Party's customs legislation.

4. The Parties shall make efforts to cooperate in:

(a) strengthen each Party's ability to enforce customs legislation;

(b) improve coordination in matters related customs issues;

(c) facilitate the exchange of information between the Parties regarding their experiences in the implementation and strengthening of the Foreign Trade Single Windows; and

(d) exchange experiences in the national committees on trade facilitation, their functions, and their work to facilitate internal coordination and implementation of commitments under the WTO Trade Facilitation Agreement.

5. The Parties agree to enter into an Agreement on Cooperation and Mutual Assistance in Customs Matters.

6. Each Party shall designate and notify a focal point for matters arising under this article. The Parties shall notify without delay of any changes important in contact information. They may also establish and maintain other channels of communication in order to facilitate the secure and rapid exchange of information.

Chapter 5. Good Regulatory Practices

Article 5.1. Definitions

For the purposes of this Chapter:

(a) Regulatory impact analysis is the systematic process of analyzing and determining the impact of regulatory measures based on the definition of a problem. This analysis is a fundamental public policy tool for evidence-based decision making, allowing to present alternatives so that the regulatory authority can choose the option it deems appropriate to solve the problem and maximize social welfare;

(b) good regulatory practices refers to the use of tools in the process of planning, drafting, adopting, implementing, reviewing and monitoring regulatory measures;

(c) public consultation is the participatory mechanism, of a consultative and non- binding nature, by means of which the State, during a reasonable period of time, collects data and opinions from society in relation to a draft regulatory measure; and

(d) regulatory measures refer to measures of general application determined in accordance with Article 5.3, related to any matter covered by this Agreement, adopted by the regulatory authorities, and the observance of which is mandatory.

Article 5.2. General Objective

The general objective of this Chapter is to reinforce and encourage the adoption of good regulatory practices, in order to promote the establishment of a transparent regulatory environment with predictable procedures and stages, both for citizens and economic operators.

Article 5.3. Scope of Application

Each Party shall, in accordance with its domestic legislation and planning, determine and make publicly available the regulatory measures to which the provisions of this Chapter shall apply.

Article 5.4. General Provisions

1. The Parties reaffirm their commitment to adopt good regulatory practices in order to facilitate trade in goods and services, as well as the flow of investment between them.

2. The provisions of this Chapter shall not affect the right of the Parties to:

  • 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