Costa Rica - Ecuador FTA (2023)
Previous page Next page

For the purposes of Article 10.12, the Committee on Investment and Cross-Border Trade in Services shall be composed as follows:

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

(b) for Ecuador by representatives of the Ministry of Production, Foreign Trade, Investment and Fisheries, or their successors.

Annex 10.13. Professional Services

Development of Professional Services Standards

1. Each Party shall encourage the relevant bodies in its respective territory to develop generally acceptable standards and criteria for the licensing and qualification of professional service suppliers, and to submit to the Commission recommendations on their recognition.

2. The rules and criteria to in 1 may be drawn up in relation to the following aspects:

(a) education: accreditation of educational institutions or academic programs;

(b) examinations: licensing qualification examinations, including alternative methods of evaluation, such as oral examinations and interviews;

(c) experience: the extent and nature of the experience required to obtain a license;

(d) conduct and ethics: rules of professional conduct and the nature of disciplinary actions in case of contravention of these rules;

(e) professional development and renewal of certification: continuing education and the corresponding requirements to obtain the professional certificate;

(f) scope of action: scope or limits of authorized activities; and

(g) local knowledge: requirements on knowledge of aspects such as laws, regulations, language, geography or local climate.

3. Upon receipt of a recommendation referred to paragraph 1, the Commission shall review it within a reasonable period of time to decide whether it is consistent with this Agreement. Based on the Commission's review, cach Party shall encourage its respective competent authorities to implement that recommendation, where appropriate, within a mutually agreed period of time.

Temporary Licenses

4. For mutually agreed individual professional services, each Party shall encourage the competent bodies in its territory to develop procedures for the granting of temporary licenses to professional service suppliers of the other Party.

Professional Services Working Group

5. The Parties, by mutual agreement, may form a Working Group on Professional Services, including representatives of relevant professional bodies of each Party, to facilitate the activities set out in paragraphs 1 and 4.

6. The Working Group below may consider, for individual professional services, the following matters:

(a) procedures to encourage the development of mutual recognition agreements or conventions between their relevant professional bodies;

(b) develop workable procedures on standards licensing and certification of pre- professional service providers;

(c) identify those professional services that are a priority for its work; and (d) other matters of mutual interest related to the provision professional services.

7. The Working Group shall report to the Commission on its progress and future direction with respect to its work.

Review

8. The Commission shall review the implementation of this Annex at least once every three years, or as the Parties deem appropriate.

Chapter 11. Financial Services

Article 11.1. Definitions

For the purposes of this Chapter:

cross-border trade in financial services or cross-border supply financial services means the supply a financial service:

(a) of the territory of one Party to the territory of the other Party;

(b) in the territory of a Party by a person of that Party to a person of the other Party; or

(c) by a national of a Party in the territory of the other Party,

but does not include the supply of a financial service in the territory of a Party for an investment in that ;

self-regulatory entity means any non-governmental entity, including any securities or financial derivatives market or exchange, clearinghouse or other body or association, that exercises proprietary or delegated regulatory or supervisory authority over financial service suppliers or financial institutions;

public entity means a central bank or monetary authority of a Party, or any financial institution owned or controlled. a Party;

financial institution means any financial intermediary or other enterprise that is authorized to do business and that is regulated or supervised as a financial institution in accordance with the law of the Party in whose territory it is located;

financial institution of the other Party means a financial institution, including a branch, located in the tenitorium of a Party and which is controlled by persons of the other Party;

investment means "investment" as defined in Article 15.18 (Definitions), except that, with respect to "loans" and "debt instruments" referred to in that Article:

(a) a loan granted to a financial institution or a debt instrument issued by a financial institution is an investment only when it is treated as regulatory capital by the Party in whose territory it is located the financing institution; and.

(b) a loan granted by a financial institution or a debt instrument owned a financial institution, other than a loan or debt instrument of a financial institution referred to in paragraph (a), is not an investment.

For greater certainty, a pt estain granted by cross-border supplier of financial services, or a debt instrument owned by a cross-border supplier of financial services, other than a loan to a financial institution or a debt instrument issued by a financial institution, is an investment if such loan or instrument meets the criteria for investments set forth in Article 15.18 (Definitions);

Investor of a Party means a "Investor of a Party" as defined in Article 15.18 (Definitions);

new financial service means a financial service not supplied in the territory of the Party, but which is supplied in the of the other Party, and includes any new form of supply of a financial service or the sale of a financial product that is not sold in the the Party;

person of a Party means a "person of a Party" as defined in Article 1.5 (Definitions of General Application) and, for greater certainty, does not include a branch of a company of a non-Party;

financial service supplier of a Party means a company of a Party engaged in the business of supplying a financial service in the territory of that Party;

cross-border financial service supplier of a Party means a person of a Party that is engaged in the business of supplying a financial service in the territory of the Party and that seeks to supply or does supply a financial service through the cross-border supply of such services;

financial service means any service of a financial nature. Financial services include all insurance and insurance-related services, and all banking and other financial services (except insurance), as well as all services incidental or auxiliary to a service of financial nature. Financial services include the following activities:

Services, including insurance and insurance coverage

(a) direct insurance (including coinsurance):

(i) life insurance;

(ii) insurance;

(b) reinsurance and retrocession;

(c) insurance brokerage activities, e.g., insurance brokers and insurance agents;

(d) The services auxiliary to insurance, e.g., consultants, actuaries, risk assessment and claims adjusting;

Financial services and other financial services (including insurance)

(e) acceptance of deposits and other repayable funds from the public;

(f) loans of all types, including personal loans, mortgages, loans and financing of commercial transactions;

(g) financial advisory services;

(h) all payment services and money transfers, credit, charge and similar cards, traveler's checks and bank drafts;

(i) guarantees and commitments;

(j) trading for its own account or for the account of customers, on an exchange, in an over-the-counter market or otherwise, of the following:

(i) money market instruments (including checks, bills of exchange and certificates of deposit);

(i) currencies;

(iii) derivative products, including, but not limited to, futures and options;

(iv) exchange and money market instruments, such as swaps and forward rate agreements;

(v) transferable securities;

(vi) other negotiable instruments and financial assets, including metal;

(k) participation in issues of all kinds of securities, including and placement as agents (publicly or privately), and the provision of services related to such issues;

(l) foreign exchange brokerage;

(m) asset management, e.g., cash or management, collective investment management in all its forms, pension fund administration, custodial and depository services, and trust services;

(n) payment and clearing services in respect of financial assets, including securities, derivatives and other negotiable instruments;

(o) provision and transfer of financial information, and processing financial data and related software, by providers of other financial services; and

(p) advisory, intermediation and other auxiliary financial services in respect of any of the activities specified in the guidelines. (e) to (0), including information and credit analysis, research and advice on investments and. securities portfolios, and advice on acquisitions and corporate restructuring and strategy.

Article 11.2. Scope of Application

1. This Chapter applies to measures adopted or maintained by a Party relating to:

(a) financial institutions of the other Party;

(b) investors the other Party and the investments of such investors in financial institutions in the Party's territory; and

(c) cross-border trade in financial services.

2. Chapters 10 (Cross-Border Trade In Services) and 15 (Investment) apply to the measures described in paragraph 1 only to the extent that those Chapters or the Articles of those Chapters are incorporated this Chapter.

(a) Articles 10.11 (Denial of Benefits), 15.9 (Measures Relating to Health, Safety, Environment, Labor Rights and Other Regulatory Requirements), 15.11 (Expropriation and Compensation), 15.12 (Transfers), 15.13 (Denial of Benefits) and 15.14 (Special Formalities and Information Requirements) are incorporated. into and made an integral part of this Chapter.

(b) Article 10.10 (Transfers and Payments) is incorporated into and forms an integral part of this Chapter to the extent that cross-border trade in financial services is subject to the obligations under Article 11.6 (Cross-Border Trade).

3. This Chapter does not apply to the ineiliclas acloptadas or maintained by a Party related to:

(a) activities or services that are part of a pension plan or statutory social security system; or

(b) activities or services carried out for the account or with the guarantee of the Party or with the use of financial resources of the Party, including its public entities,

However, this Chapter shall apply if a Party permits any of the activities or services referred to in paragraphs (a) or (b) to be performed by its financial institutions in competition with a public entity or financial institution.

4. This Chapter does not apply to laws, regulations, or requirements governing the acquisition by governmental agencies of financial services for governmental purposes and not the purpose of sale or use in the provision of services for commercial sale.

Article 11.3. National Treatment

1. Each Party shall accord to investors of the other Party treatment no less favorable than that it accords, in like circumstances, to its own investors with respect to the establishment, acquisition, expansion, management, conduct, operation and sale or other disposition of financial institutions and investments in financial institutions in its territory.

2. Each Party shall accord to financial institutions of the other Party and to investments of investors of other Party in financial institutions treatment no less favorable than that it accords, in like circumstances, to its own financial institutions and to investments of its own investors in financial institutions, with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of financial institutions and investments.

3. For purposes of the national treatment obligations in paragraph 1 of Article 11.6, a Party shall accord to cross-border financial service suppliers of the other Party treatment no less favorable than that it accords, in like circumstances, to its own financial service suppliers with respect to the supply of the relevant service.

Article 11.4. Most-Favored-Nation Treatment

Each Party shall accord to investors of the other Party, to financial institutions of the other Party, to investments of investors in financial institutions, and to cross-border financial service suppliers of the other Party, treatment no less favorable than that it accords, in like circumstances, to investors, to financial institutions of the other Party, and to cross-border financial service suppliers of the other Party, treatment no less favorable than that it accords, in like circumstances, to investors, to financial institutions of the other Party, and to cross-border financial service suppliers of the other Party financial institutions, investments of investors in financial institutions and cross-border suppliers of financial services of a non-Party.

Article 11.5. Market Access for Financial Institutions

1. A Party shall not adopt or maintain, with respect to financial institutions of the other Party, on the basis of a regional subdivision or its entire territory, measures that:

(a) impose limitations on:

(i) the number of financial institutions, in the form of numerical quotas, monopolies, exclusive service providers or through the requirement of an economic needs test;

(ii) the total value of assets or financial services transactions in the form of numerical quotas or by requiring an economic needs test;

(iii) the total number of financial services operations or the total amount of financial services output, expressed in designated units, in the form of quotas or by requiring a test of economic needs (1); or

(1) This shall not cover measures of a Party that limit inputs for the supply of financial services.

(iv) the total number of natural persons that may be employed in a given financial services sector, or that a financial institution may employ, and that are necessary for the supply of a specific financial service, and are directly related to it, in the form of numerical quotas or through the requirement of an economic needs test; or

(b) restrict or prescribe the specific types of legal entity or joint venture through which a financial institution may provide a service.

2. For purposes of this Article, financial institutions of the other Party include financial institutions that investors of the other Party intend to establish in the territory of the Party.

Article 11.6. Cross-border Trade

1. Each Party shall permit, on terms and conditions that accord national treatment, cross-border financial service suppliers of the other Party to supply the services specified in Annex 11.6 (Cross-Border Trade).

2. Each Party shall permit persons located in its territory and its nationals, wherever located, to purchase financial services from cross-border financial service suppliers of the other Party located in the territory of the other Party. This does not oblige a Party to permit such suppliers to do business or advertise in its territory. Each Party may define doing business and advertising for the purposes of this obligation, provided that such definitions are not inconsistent with paragraph 1.

3. Without prejudice to other means of prudential regulation of cross-border trade in financial services, a Party may require the registration or authorization of cross-border suppliers of financial services of the other Party and of financial instruments.

Article 11.7. New Financial Services (2)

(2) The Parties understand that nothing in this Article precludes a financial institution of a Party from requesting the other Party to consider authorizing the supply of a financial service that is not supplied in the territory of Party. The request shall be subject to the domestic regulations of the Party to which the request is made, and for greater certainty, shall not be subject to the obligations of this Article.

1. Each Party shall permit a financial institution of the other Party to supply any new financial service that that Party would permit its own financial institutions to supply in like circumstances, without further legislative action by the Party.

2. Notwithstanding subparagraph I(b) of Article 11.5, a Party may determine the legal and institutional form through which the new financial service may be supplied and may require authorization for the supply of the new financial service. Where a Party requires a financial institution to obtain authorization to supply a new financial service, the decision shall be made within a reasonable period of time and the authorization may be refused only on prudential grounds or for failure to comply with requirements.

Article 11.8. Treatment of Certain Information

Nothing in this Chapter obliges a Party to disclose or allow access to:

(a) information relating to the financial affairs and accounts of individual customers of financial institutions or cross-border financial service providers; or

(b) any confidential information the disclosure of which would impede law enforcement or otherwise be contrary the public interest or would prejudice the legitimate commercial interests of particular persons.

Article 11.9. Senior Management and Boards of Directors

1. Neither Party may require that financial institutions of the other Party hire persons of a particular nationality for senior executive positions or other key personnel.

2. Neither Party may require that more than a simple majority of the Board of Directors of a financial institution of the other Party be composed of nationals of the Party, persons residing in the territory of the Party, or a combination of both.

Article 11.10. Nonconforming Measures

1. Articles 11.3, 1.1.4, 11.5, 11.6 and 11.9 shall not apply to:

(a) any existing non-conforming measure maintained by a Party in:

(i) the central level government, as established by that Party in its Schedule to Annex III; or

(ii) a local level government; (3)

(3) For greater certainty, Parties are not required to list existing non-conforming measures maintained by a local level government.

(b) the continuation or prompt renewal of any nonconforming measure referred to in subparagraph (a); or

(c) the modification of any nonconforming measure referred to in subparagraph (a) provided that such modification does not diminish the degree of conformity of the measure as it was in effect:

(i) immediately prior to the amendment, with article 11.3, 11.4, 11.5 or 11.9; or

(ii) as of the date of entry into force of this Agreement, with Article 11.6. 2. Articles 11.3, 11.4, 11.5, 11.6 and 11.9 shall not apply to any measures that a Party adopts or maintains in to sectors, subsectors or activities, as indicated in section B in its Schedule to Annex III.

3. A non-conforming measure set out in a Party's Schedule to Annex I or II shall be treated as a measure to Article 10.2 (National Treatment), 10.3 Most-Favored-Nation Treatment), 15.3 National Treatment), or 15.4 (Most-Favored-Nation Treatment) shall be treated as a measure to which Article 11.3 (National Treatment) or 1.1.4 (Most-Favored-Nation Treatment), as the case may be, does not apply, to the extent that the nation, sector, subsector, or activity set out in the Schedule is covered by this Chapter.

Article 11.11. Exceptions

1. Nothing in this Chapter or this Agreement shall be construed to prevent a Party from adopting or maintaining measures for prudential reasons (4), for the protection of investors, financial market participants, depositors, policyholders, policyholders, insureds or beneficiaries or persons to whom a financial institution or cross-border financial service supplier has a fiduciary obligation, or to ensure the integrity and stability of the financial system. Where such measures are not in accordance with the provisions of this Chapter or this Agreement, they shall not be used as a means of avoiding the Party's obligations under such provisions.

(4) The term "prudential reasons" is understood to the maintenance of the safety, soundness, integrity or financial responsibility of individual financial institutions or cross-border financial service providers, as well as the safety and financial and operational integrity of clearing and payment systems.

2. Nothing in this Chapter or this Agreement applies to nondiscriminatory measures of a general nature taken by any public entity in pursuance of monetary, credit, related, or exchange tate policies. This paragraph shall not affect a Party's obligations under Article 15.7 (Performance Requirements) with respect to measures covered by Chapter 15 (Investment) or under Articles 1.0.10 (Transfers and Payments) and 15.12 (Transfers).

3. Notwithstanding the provisions of Articles 10.10 (Transfers and Payments) and 15,. 12 (Transfers) as incorporated into this Chapter, a Party may prevent or limit transfers from a financial institution or cross-border financial service supplier to or for the benefit of a person affiliated or related to such institution or supplier through the equitable, non-discriminatory and good faith application measures relating to the maintenance of the safety, soundness, integrity or financial responsibility of financial institutions or cross-border financial service suppliers. This paragraph is without prejudice to any other provision of this Agreement that permits the Party to restrict transfers.

4. For greater certainty, nothing in this Chapter shall be construed to prevent a Party from adopting or enforcing measures necessary to ensure compliance with laws or regulations that are not inconsistent with this Chapter, including those relating to the prevention of deceptive and. fraudulent practices or address the effects of a breach of a contract of financial services, subject to the requirement that such measures shall not be applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where same conditions prevail, or a disguised restriction on investment in financial institutions or on trade in financial services, as covered by this Chapter.

Article 11.12. Transparency and Administration of Certain Measures

1. The Parties recognize that transparent regulations and policies governing the activities of financial institutions and cross-border financial service suppliers are important to facilitate foreign financial institutions and foreign cross-border financial service suppliers' access to each Party's market as well as operations in the neighborhoods. Each Party undertakes to promote regulatory transparency in financial services.

2. In lieu of Article 22.2 (Publication), each Party, to the extent practicable and in accordance with its law:

(a) publish in advance any regulations of general application relating to matters in this Chapter that it proposes to adopt and the purpose of the regulation; and

(b) provide interested persons and the other Party a reasonable opportunity to comment on the proposed regulations.

The competent authorities (5) of each Party shall make publicly available the requirements, including any necessary documentation, for completing requests related to the supply of financial services.

(5) For greater certainty, in this article, when "competent authorities" is indicated, it is understood as the following authorities regulatory or supervisory authorities of the Parties, as applicable.

4. At the request of the interested party, the competent authority of a Party shall inform him of the status of his application. Where the authority requires additional information from the applicant, it shall notify him without undue delay.

5. Within 180 days, the competent authorities of a Party shall make an administrative decision on a complete application by an investor in a financial institution, a financial institution or a cross-border financial service supplier of the other Party relating to the supply of a financial service, and shall promptly notify the applicant of the decision. An application shall not be considered complete until all relevant proceedings have been held and all necessary information has been received. Where it is not practicable to make a decision within 180 days, the regulatory authority shall notify the applicant without undue delay and shall attempt to make the decision thereafter within a reasonable period of time.

6. At the request of an unsuccessful applicant, the competent authority that has refused an application shall inform the applicant, the extent practicable, of the reasons for the refusal of the application.

7. Each Party shall establish appropriate mechanisms to respond to inquiries interested parties with respect to issues of general application covered by this Chapter.

8. Each Party shall ensure that standards of general application adopted or maintained by self-regulatory organizations of the Party are timely published or otherwise made available in such a manner as to enable interested persons to become acquainted with them.

9. To the extent practicable, each Party shall allow a reasonable period of time to elapse between the publication of the final regulations and their entry into force.

10. In adopting final regulations, the Party shall, to the extent practicable and in accordance with its law, consider in writing substantive comments received from interested parties with respect to the proposed regulations.

Article 11.13. Domestic Regulation

  • 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