d) The parties to provide timely and useful information on regulatory issues of investment in general or specific projects; and
e) Inform the Committee of its activities and joint actions, where applicable.
5. Each Party shall establish rules of procedure for the operation of its national focal point or ombudsmen, where expressly stipulating the appropriate time-frame for implementation of each of its functions and responsibilities.
6. Each Party shall designate a single body or authority as its national focal point or ombudsmen, which shall give prompt responses to notifications and requests the Government and investors of the other party.
7. The Parties shall provide the means and resources for the national focal point or ombudsmen to carry out their functions as well as ensuring access institutional other government agencies involved in the implementation of this Agreement.
Article 16. Exchange of Information between the Parties
1. The Parties shall exchange information, whenever possible and appropriate for mutual investment in connection with business opportunities; the procedures and requirements for investment, in particular through the Joint Committee and its national focal points.
2. To this end, the Parties shall, when requested, as soon as possible and respect for the level of protection granted, the information requested in the terms of paragraph 1, in particular on the following areas:
a) Regulatory conditions for investment;
b) Specific incentives and related governmental programs;
c) Public policies and legal frameworks that may affect investment, including those related to the expropriation;
d) Legal framework for investment, including legislation in the establishment of joint ventures and businesses;
e) International treaties;
f) Customs procedures and tax regimes;
g) Statistical information on the market for goods and services;
h) Available infrastructure and services;
i) Government procurement and public concessions;
j) Social and labour legislation;
k) Immigration laws;
l) Exchange laws;
m) Information on legislation of the specific economic sectors or segments previously identified by the parties; and
n) Regional projects and investment agreements.
3. The Parties shall exchange information on public-private partnerships (PPPs), particularly through greater transparency and access to information on its laws.
4. The parties will fully respect the level of protection granted to such information, at the request of the Party has submitted that, in strict compliance with the respective applicable domestic law.
Article 17. Interaction with the Private Sector
Recognizing the essential role of the private sector, the parties shared between relevant business sectors, general information on investment, regulatory frameworks and business opportunities in the territory of the other party.
Article 18. Prevention of Disputes
1. The national focal points or ombudsmen, "shall be coordinated among themselves and with the Joint Committee in order to prevent, manage and resolve disputes between the parties".
2. Before initiating an arbitration under article 19 of this Agreement, any dispute between the parties shall be assessed through consultations and negotiations between the parties and be previously examined by the Joint Committee.
3. A Party may refer a matter of interest of an investor and convene a meeting of the joint committee within thirty (30) days from the date of the notice:
a) To initiate the procedure of the investor, the Party concerned may submit a written request to the joint committee, specifying the name of the investor concerned, the challenges and difficulties encountered.
b) The Joint Committee shall have sixty (60) days, which may be extended by mutual agreement for a further period of sixty (60) days prior justification for assessing the information submitted concerning the case and submit a report.
c) For the purpose of facilitating a settlement between the parties, whenever possible, may participate in bilateral meetings:
(i) Representatives of the investor concerned;
(ii) Representatives of governmental and non-governmental entities involved in the measure or situation under consultation.
d) The procedure for dialogue and cooperation shall be terminated by either party on presentation of a report to the Joint Committee at the subsequent meeting, which shall be convened by the date of expiry of the deadline for submission of the report of the Joint Committee. The report shall include:
(i) Identification of the Party;
(ii) Identification of the investors concerned;
(iii) Description of the measure under consultation, and
(iv) Position of the Parties in relation to the measure.
e) The Joint Committee shall, wherever possible, convene special meetings to review the matters brought.
f) In the event that a Party does not attend the meeting of the Joint Committee referred to in subparagraph (d) of this paragraph, the dispute may be referred to arbitration by the other Party in accordance with article 19 of this Agreement.
4. The meeting of the Joint Committee and all documentation, as well as the measures taken in the framework of the mechanism established under this article shall be confidential, with the exception of reports.
Article 19. Settlement of Disputes between the Parties
1. Either party may have recourse to arbitration between States, once it has exhausted the procedure provided for in paragraph 3 of article 18 without which the dispute has been settled.
2. The objective of the arbitration is made in accordance with this Agreement as may be declared as recommended by the arbitral award. The parties may agree, however, that arbitrators examine the existence of injury caused by the measure in question and establish, through the award compensation for such damage. If the arbitral award provides monetary compensation, the party that receives such compensation shall be sent to the holders of rights of the investment in question, minus the costs of the dispute, in accordance with internal procedures of each party.
3. This article shall not apply to any dispute that arose or any measure that has been adopted before the date of Entry into Force Agreement.
4. The Parties may establish an arbitral tribunal specific to the dispute in accordance with paragraph 5 of this article, or to opt jointly to submit the dispute to a mechanism for the settlement of disputes between States in respect of investments.
5. In the event of the establishment of an arbitral tribunal to the dispute within a period no greater than two (2) months of the receipt of the request for arbitration, through the diplomatic channel, each party shall appoint one member of the arbitral tribunal. Those two Members shall designate a national of a third State who on approval by the two parties shall be appointed Chairman of the arbitral tribunal. The Chairman shall be appointed within two (2) months from the date of appointment of the other two members of the arbitral tribunal.
6. If within the periods specified in paragraph 5 of this article have not been made the necessary appointments, either Party may invite the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national of either party or is prevented from exercising the function said, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is a national of a party or is prevented from exercising the function, the said member of the International Court of Justice to continue in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
7. Arbitrators shall:
a) Be persons of high moral and have the necessary expertise or experience in International Law and have expertise in the area related to the dispute;
b) Be independent of and not be affiliated with any of the parties or with the other arbitrators or potential witnesses, directly or indirectly, or receive instructions from the parties, and
c) Comply with the standards of conduct for the implementation of the Understanding on Rules and Procedures Governing the Settlement of Disputes of the World Trade Organization (WTO / DSB / RC / 1 of 11 December 1996), which is applicable to the dispute, or any other standards of conduct established by the Joint Committee.
8. The arbitral tribunal shall determine its own procedure and shall take its decision by a majority of votes. Such decision shall be binding on both parties. Unless otherwise agreed, the decision of the arbitral tribunal shall be issued within six (6) months following the appointment of the President, in accordance with paragraphs 4 and 5 of this article.
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Part IV. Agenda for Further Cooperation and Investment Facilitation
Article 20. Agenda for Further Cooperation and Investment Facilitation
1. The Joint Committee shall develop and shall discuss an agenda for further cooperation and investment facilitation topics relevant to the promotion and improvement of bilateral investment. The issues to be addressed initially and its objectives are listed in Annex I - "agenda for further cooperation and investment facilitation".
2. The agendas shall be discussed between the competent governmental authorities of both parties. The Joint Committee may invite, where applicable, other governmental authorities of both parties for discussions of the agenda.
3. The results of such negotiations shall be specific legal instruments.
4. The Joint Committee shall coordinate schedules of discussions for greater cooperation and facilitation of investment and the negotiation of specific commitments.
5. The Parties shall provide the Joint Committee the names of their official representatives and government bodies involved in these negotiations.
Part V. General and Final Provisions
Article 21. General Amendments and Final Provisions
1. Neither the joint committee, nor the national focal points should or "ombudsmen", should in any way impair or any other agreement or diplomatic channels existing between the parties.
2. Without prejudice to its regular meetings (5), after five years following the entry into force of this agreement the Joint Committee will undertake a general review of its implementation and make recommendations, if necessary.
3. This Agreement shall enter into force ninety (90) days after the date of receipt of the latter Diplomatic Note by the Parties which notify each other of the completion of its internal legal procedures necessary to that effect.
4. This Agreement may be amended by mutual consent of the Parties and the agreed modification shall enter into force in accordance with the procedures set out in paragraph 3 of this article.
5. At any time, either Party may terminate this Agreement by written notification to the other party. The termination shall take effect on a date or the parties agree, if the parties are unable to reach agreement, three hundred and sixty five (365 days) after the date when the notice of termination is re-delivered through diplomatic channels.
Conclusion
In WITNESS WHEREOF, the undersigned, being duly authorised by their respective Governments, have signed this Agreement.
Done at Mexico City on 26 May two thousand and fifteen in duplicate in the English and Portuguese languages, both texts being equally authentic.
For the Federative Republic of Brazil
Name
Office
The United Mexican States
Name
Office
Attachments
The schedule below is an initial effort to an agenda for cooperation and facilitation of investment between the parties and may be extended and amended at any time by the Joint Committee.
a. Payments and transfers
i. The facilitation of remittances and foreign capital exchange between the parties.
b. Visas
i. Facilitation of the temporary entry and stay of managers, executives and skilled employees of economic operators, entities, firms and investors of the other party.
c. Technical and environmental regulations
i. The facilitation of the issuance of documents and certificates, licences relating to the investment of the other party.
d. Regulatory and institutional cooperation on exchange
i. Institutional cooperation for the exchange of experiences on the development and management of regulatory frameworks.