Canada - Colombia FTA (2008)
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7. For purposes of calculating the net cost under paragraph 2 with respect to a good of headings 87.06 through 87.08 produced in the same plant, the producer may:

(a) average its calculation,

(i) over the fiscal year of the motor vehicle producer to whom the good is sold,

(ii) over any quarter or month, or

(iii) over the automotive materials producer's fiscal year, provided the good was produced during the fiscal year, quarter or month forming the basis for the calculation;

(b) calculate the average referred to in subparagraph (a) separately for any or all goods sold to one or more motor vehicle producers; or

(c) calculate the average in subparagraph (a) or (b) separately for those goods that are exported to the territory of the other Party.

Article 304. Value of Materials

1. For purposes of Article 303 and Article 307, the value of non-originating materials, including non-originating component goods referred to in Article 310, shall be:

(a) the transaction value or the customs value of the materials at the time of their importation into a Party, adjusted, if necessary, to include freight, insurance, packing and all other costs incurred in transporting the materials to the place of importation; or

(b) in the case of domestic transactions, the value of the materials determined in accordance with the principles of the Customs Valuation Agreement in the same manner as international transactions, with such modifications as may be required by the circumstances.

2. Notwithstanding paragraph 1, the value of an intermediate material shall be:

(a) the total cost incurred with respect to all goods produced by the producer of the good that can be reasonably allocated to that intermediate material; or

(b) the sum of all costs that comprise the total cost incurred with respect to that intermediate material that can be reasonably allocated to that intermediate material.

Article 305. Intermediate Materials Used In Production

1. For greater certainty, if a non-originating material satisfies the requirements set out in Article 301 in the territory of one or both of the Parties, the resulting good shall be considered as originating and no account shall be taken of the non-originating material contained therein when that good is used in the subsequent production of another good.

2. For purposes of determining the origin of a good, a producer of a good may designate any intermediate material as a material to be taken into account as an originating or non-originating material, as the case may be, in determining whether the good satisfies the applicable requirements of the rules of origin.

Article 306. Accumulation

1. For purposes of determining whether a good is an originating good, a good originating in the territory of one or both of the Parties shall be considered as originating in the territory of either of the Parties.

2. For purposes of determining whether a good is an originating good, the production of the good in the territory of one or both of the Parties by one or more producers shall, at the choice of the exporter or producer of the good for which preferential tariff treatment is claimed, be considered to have been performed in the territory of either of the Parties by that exporter or producer, provided that:

(a) all non-originating materials used in the production of the good satisfy the requirements set out in Annex 301 entirely in the territory of one or both of the Parties; and

(b) the good satisfies all other applicable requirements of this Chapter.

3. Subject to paragraph 4, where each Party has a trade agreement that, as contemplated by the WTO Agreement, concerns the establishment of a free trade area with the same non-Party, the territory of that non-Party shall be deemed to form part of the territory of the free trade area established by this Agreement, for purposes of determining whether a good is an originating good under this Agreement.

4. A Party shall apply paragraph 3 only once provisions with effect equivalent to those of paragraph 3 are in force between each Party and the non-Party with which each Party has separately concluded a free trade agreement. Where such provisions in force between a Party and the non-Party apply to only certain goods or under certain conditions, the other Party may limit the application of paragraph 3 to those goods and under those conditions and as otherwise set out in this Agreement.

Article 307. De Minimis

1. Except as provided in paragraphs 2 through 4, a good shall be considered to be an originating good if the value of all non-originating materials used in the production of the good that do not undergo an applicable change in tariff classification set out in Annex 301 does not exceed 10 per cent of the transaction value of the good, provided that:

(a) if the rule of origin of Annex 301 applicable to the good contains a percentage for the maximum value of non-originating materials, the value of such non-originating materials shall be included in calculating the value of non-originating materials; and

(b) the good satisfies all other applicable requirements of this Chapter.

2. Paragraph 1 does not apply to a non-originating material used in the production of a good of Chapters 1 through 24 of the Harmonized System unless the non-originating material is provided for in a different subheading from the good for which origin is being determined under this Article.

3. A good of any of Chapters 50 through 60 of the Harmonized System that does not originate because certain non-originating yarns used in the production of the good do not fulfil the requirements set out in Annex 301, shall nonetheless be considered to originate if the total weight of all such yarns does not exceed 15 per cent of the total weight of that good.

4. A good of any of Chapters 61 through 63 of the Harmonized System, that does not originate because certain non-originating yarns used in the production of the component of the good that determines the tariff classification of that good do not fulfil the requirements set out for that good in Annex 301, shall nonetheless be considered to originate if the total weight of all such yarns in that component does not exceed 15 per cent of the total weight of that component.

Article 308. Fungible Goods and Materials

1. For purposes of determining whether a good is an originating good:

(a) where originating and non-originating fungible materials are used in the production of a good, the determination of whether the materials are originating materials may be made in accordance with any of the inventory management methods recognized in, or otherwise accepted by, the Generally Accepted Accounting Principles of the Party in which the production is performed; and

(b) where originating and non-originating fungible goods are physically combined or mixed in inventory in a Party and exported in the same form to another Party, the determination of whether the good is an originating good may be made in accordance with any of the inventory management methods recognized in, or otherwise accepted by, the Generally Accepted Accounting Principles of the Party from which the good is exported.

2. A Party shall ensure that the person that selected an inventory management method pursuant to paragraph 1 for a particular fungible good or material continues to use such inventory management method for that fungible good or material throughout the fiscal year of that person.

Article 309. Indirect Materials

An indirect material shall be considered as originating without regard to where it is produced.

Article 310. Sets or Assortments of Goods

Except as provided in Annex 301, a set or assortment of goods, as referred to in General Rule 3 of the Harmonized System, shall be considered as originating, provided that:

(a) all the component goods, including packaging materials and containers, are originating; or

(b) where the set or assortment contains non-originating component goods, including packaging materials and containers, the value of the non-originating goods, including any non-originating packaging materials and containers for the set or assortment, does not exceed 15 percent of the transaction value of the set or assortment.

Article 311. Accessories, Spare Parts and Tools

Accessories, spare parts and tools delivered with a good that form part of the good's standard accessories, spare parts or tools, shall be considered as originating if the good is an originating good, and shall be disregarded in determining whether all the non-originating materials used in the production of the good undergo the applicable requirements set out in Annex 301 provided that:

(a) the accessories, spare parts and tools are not invoiced separately from the good, whether or not each is listed or detailed on the invoice; and

(b) the quantities and value of such accessories, spare parts or tools are customary for the good.

Article 312. Packaging Materials and Containers for Retail Sale

Except as provided for in Article 310, packaging materials and containers in which a good is packaged for retail sale shall be disregarded in determining:

(a) whether all the non-originating materials undergo the applicable requirements set out in Annex 301; or

(b) whether the good meets the requirements established in subparagraph (a) or (c) of Article 301.

Article 313. Packing Materials and Containers for Shipment

Packing materials, containers, pallets or similar articles in which a good is packed for shipment shall be disregarded in determining whether that good is originating.

Article 314. Transit and Transshipment

A good that qualifies as an originating good under this Chapter that is exported from a Party shall maintain its originating status only if the good:

(a) does not undergo further production or any other operation outside the territories of the Parties, other than unloading, reloading or any other operation necessary to preserve it in good condition or to transport the good to the territory of a Party; and

(b) remains under customs control while outside the territories of the Parties.

Article 315. Interpretation and Application

For purposes of this Chapter:

(a) the basis for tariff classification in this Chapter is the Harmonized System;

(b) where applying subparagraph (d) of Article 301, the determination of whether a heading or subheading under the Harmonized System provides for both a good and the materials that are used in the production of the good shall be made on the basis of the nomenclature of the heading or subheading and the relevant Section or Chapter Notes, in accordance with the General Rules for the Interpretation of the Harmonized System; and

(c) all costs referred to in this Chapter shall be recorded and maintained in accordance with the Generally Accepted Accounting Principles applicable in the territory of the Party in which the good is produced.

Article 316. Consultation and Modifications

1. The Parties shall consult regularly to ensure that this Chapter is interpreted and administered effectively, uniformly, and consistently with the spirit and objectives of this Agreement, and shall cooperate in the administration of this Chapter in accordance with Chapter Four (Origin Procedures and Trade Facilitation).

2. A Party that considers that this Chapter requires modification to take into account developments in production processes, lack of supply of originating materials or other matters may submit a modification proposal along with supporting rationale and any studies to the other Party for consideration and appropriate action under Chapter Two (National Treatment and Market Access for Goods).

Article 317. Short Supply

1. For purposes of determining the origin of a good of Chapter 50 through 63 of the Harmonized System, at the request of an interested entity of a Party, a Party shall, to the extent possible within 45 days of receiving the request, temporarily allow yarn or fabric from a non-Party to be considered originating, if the Party determines, based on information it considers necessary, that the yarn or fabric is not available in commercial quantities in a timely manner in the territory of any Party. Each Party shall implement such short-supply allowances in accordance with its applicable legal procedures.

2. The Party receiving a request for a short supply allowance pursuant to paragraph 1 shall notify the other Party of the request to the extent possible with 10 days of receiving the request. A Party may decline to grant a short-supply allowance if the other Party does not also grant such an allowance.

3. The Committee on Trade in Goods shall establish procedures to guide the administration of the short-supply allowances referred to in paragraphs 1 and 2.

Article 318. Definitions

For purposes of this Chapter:

aquaculture means the farming of aquatic organisms, including fish, molluscs, crustaceans, other aquatic invertebrates and aquatic plants, from seedstock such as eggs, fry, fingerlings and larvae, by intervention in the rearing or growth processes to enhance production, such as regular stocking, feeding, protection from predators, etc.

chapter means a chapter of the Harmonized System;

class of motor vehicles means any one of the following categories of motor vehicles:

(a) motor vehicles of subheading 8701.20, motor vehicles for the transport of 16 or more persons of subheading 8702.10 or 8702.90, and motor vehicles of subheading 8704.10, 8704.22, 8704.23, 8704.32 or 8704.90 or heading 87.05 or 87.06;

(b) motor vehicles of subheading 8701.10 or 8701.30 through 8701.90;

(c) motor vehicles for the transport of 15 or fewer persons of subheading 8702.10 or 8702.90, and motor vehicles of subheading 8704.21 or 8704.31; or

(d) motor vehicles of subheading 8703.21 through 8703.90;

customs value means the value as determined in accordance with the Customs Valuation Agreement;

fungible goods or materials means goods or materials that are interchangeable for commercial purposes and whose properties are essentially identical;

Generally Accepted Accounting Principles means the principles used in the territory of each Party, which provide substantial authorized support with regard to the recording of income, costs, expenses, assets and liabilities involved in the disclosure of information and preparation of financial statements. These principles may be broad guidelines of general application, as well as those standards, practices and procedures normally employed in accounting; good means any merchandise, product, article or material;

goods wholly obtained or produced entirely in the territory of one or both of the Parties means:

(a) minerals and other non-living natural resources extracted or taken from the territory of one or both of the Parties;

(b) plants and plant products harvested or gathered in the territory of one or both of the Parties;

(c) live animals born and raised in the territory of one or both of the Parties;

(d) goods obtained from live animals in the territory of one or both of the Parties;

(e) goods obtained from hunting, trapping, fishing or aquaculture in the territory of one or both of the Parties;

(f) goods (fish, shellfish and other marine life) taken from the sea, seabed or subsoil outside the territory of one or both of the Parties, by a vessel registered, recorded or listed with a Party, or leased by or chartered to an enterprise established in the territory of a Party, and entitled to fly its flag.

(g) goods produced on board a factory ship from the goods referred to in subparagraph (f), provided such factory ship is registered, recorded or listed with a Party, or leased by or chartered to an enterprise established in the territory of a Party, and entitled to fly its flag;

(h) goods other than fish, shellfish and other marine life, taken or extracted from the seabed, ocean floor or subsoil, outside the territories of the Parties by a Party or a person of a Party, provided that such Party or person of such Party has rights to exploit such seabed, ocean floor or subsoil;

(i) goods taken from outer space, provided they are obtained by a Party or a person of a Party and not processed in a non-Party;

(j) waste and scrap derived from:

(i) production in the territory of one or both of the Parties, or

(ii) used goods collected in the territory in one or both of the Parties, provided that such goods are fit only for the recovery of raw materials;

(k) recovered goods collected in the territory of one or both of the Parties and used in the territory of one or both Parties in the production of remanufactured goods; and

(l) goods produced in the territory of one or both of the Parties exclusively from goods referred to in subparagraphs (a) through (k), or from their derivatives, at any stage of production; indirect material means a good used in the production, testing, or inspection of a good but not physically incorporated into the good, or a good used in the maintenance of buildings or the operation of equipment associated with the production of a good, including:

(a) fuel and energy;

(b) tools, dies and moulds;

(c) spare parts and materials used in the maintenance of equipment and buildings;

(d) lubricants, greases, compounding materials and other materials used in the production or the operation of equipment and buildings;

(e) gloves, glasses, footwear, clothing, safety equipment and safety supplies;

(f) equipment, devices, and supplies used for testing or inspecting the good;

(g) catalysts and solvents; and

(h) any other goods that are not incorporated into the good but whose use in the production of the good can reasonably be demonstrated to be a part of that production;

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

listed with a Party means a foreign registered vessel bare-boat chartered in accordance with the domestic law of a Party and whose registration in the foreign country is suspended for the duration of the charter;

material means any ingredient, component, part or other good that is used in the production of another good;

model line means a group of motor vehicles having the same platform or model name;

net cost means total cost minus sales promotion, marketing and after-sales service costs, royalties, shipping and packing costs, and non-allowable interest costs that are included in the total cost;

non-allowable interest costs means interest costs incurred by a producer that exceed 700 basis points above the applicable national government interest rate identified for comparable maturities;

non-originating good or non-originating material means a good or material that does not qualify as originating under this Chapter;

other costs means all costs recorded on the books of the producer that are not product costs or period costs;

period costs means those costs other than product costs that are expensed in the period in which they are incurred, including selling expenses and general and administrative expenses;

product costs means those costs that are associated with the production of a good and include the value of materials, direct labour costs and direct overhead;

production means growing, mining, extracting, harvesting, raising, fishing, hunting, trapping, manufacturing, processing, assembling or disassembling a good;

producer means a person who grows, mines, extracts, harvests, raises, fishes, hunts, traps, manufactures, processes, assembles or disassembles a good; reasonably allocate means to apportion in a manner appropriate to the circumstances;

recovered good means a material in the form of an individual part that is the result of:

(a) the disassembly of a used good fit only for such recovery into individual parts, and

(b) cleaning, inspecting, testing or other processes as necessary for improvement to working condition;

royalties means payments of any kind, including payments under technical assistance or similar agreements, made as consideration for the use or right to use any copyright, literary, artistic, or scientific work, patent, trademark, design, model, plan, secret formula or process, excluding those payments under technical assistance or similar agreements that can be related to specific services such as:

(a) personnel training, without regard to where performed; and

(b) if performed in the territory of one or both of the Parties, engineering, tooling, die-setting, software design and similar computer services, or other services;

sales promotion, marketing and after-sales service costs means the following costs related to sales promotion, marketing and after-sales service:

(a) sales and marketing promotion; media advertising; advertising and market research; promotional and demonstration materials; exhibits; sales conferences, trade shows and conventions; banners; marketing displays; free samples; sales, marketing and after-sales service literature (product brochures, catalogues, technical literature, price lists, service manuals, sales aid information); establishment and protection of logos and trademarks; sponsorships; wholesale and retail restocking charges; entertainment;

(b) sales and marketing incentives; consumer, retailer or wholesaler rebates; merchandise incentives;

(c) salaries and wages, sales commissions, bonuses, benefits (for example, medical, insurance, pension), traveling and living expenses, membership and professional fees, for sales promotion, marketing and after-sales service personnel;

(d) recruiting and training of sales promotion, marketing and after-sales service personnel, and after-sales training of customers' employees, where such costs are identified separately for sales promotion, marketing and after-sales service of goods on the financial statements or cost accounts of the producer;

(e) product liability insurance;

(f) office supplies for sales promotion, marketing and after-sales service of goods, where such costs are identified separately for sales promotion, marketing and after-sales service of goods on the financial statements or cost accounts of the producer;

(g) telephone, mail and other communications, where such costs are identified separately for sales promotion, marketing and after-sales service of goods on the financial statements or cost accounts of the producer;

(h) rent and depreciation of sales promotion, marketing and after-sales service offices and distribution centres;

(i) property insurance premiums, taxes, cost of utilities, and repair and maintenance of sales promotion, marketing and after-sales service offices and distribution centres, where such costs are identified separately for sales promotion, marketing and after-sales service of goods on the financial statements or cost accounts of the producer; and

(j) payments by the producer to other persons for warranty repairs;

section means a section of the Harmonized System; and

shipping and packing costs means the costs incurred in packing a good for shipment and shipping the good from the point of direct shipment to the buyer, excluding costs of preparing and packaging the good for retail sale; tariff provision means a chapter, heading or subheading of the Harmonized System;

total cost means all product costs, period costs and other costs for a good incurred in the territory of one or both of the Parties. Total cost does not include profits that are earned by the producer, regardless of whether they are retained by the producer or paid out to other persons as dividends, or taxes paid on those profits, including capital gains taxes;

transaction value means the price actually paid or payable for a good or material with respect to a transaction of the producer of the good, adjusted in accordance with the principles of paragraphs 1, 3 and 4 of Article 8 of the Customs Valuation Agreement to include, inter alia, such costs as commissions, production assists, royalties or license fees; transaction value of the good, transaction value of the set or transaction value of the set or assortment means:

(a) the transaction value of a good when sold by the producer at the place of production; or

(b) the customs value of that good; and adjusted, if necessary, to exclude any costs incurred subsequent to the good leaving the place of production, such as freight and insurance.

Chapter Four. Origin Procedures and Trade Facilitation

Section A. Origin Procedures

Article 401. Certificate of Origin

1. The Parties shall establish, no later than the date of entry into force of this Agreement, a Certificate of Origin for the purpose of certifying that a good being exported from the territory of a Party into the territory of the other Party qualifies as an originating good. The Certificate of Origin may thereafter be modified as the Parties may decide.

2. Each Party shall permit the Certificate of Origin to be provided to its respective competent authority in English, French or Spanish. Nonetheless, each Party may require the importer to submit a translation of the Certificate of Origin into a language required by its domestic law.

3. Each Party shall:

(a) require an exporter in its territory to complete and sign a Certificate of Origin for any exportation of a good for which an importer may claim preferential tariff treatment upon importation of the good into the territory of the other Party; and

(b) provide that where an exporter in its territory is not the producer of the good, the exporter may complete and sign a Certificate of Origin on the basis of:

(i) its knowledge of whether the good qualifies as an originating good, based on information in the exporter's possession,

(ii) its reasonable reliance on the producer's written representation that the good qualifies as an originating good, or

(iii) a completed and signed Certificate of Origin for the good, voluntarily provided to the exporter by the producer.

4. Each Party shall permit a Certificate of Origin to apply to:

  • Chapter   One Initial Provisions and General Definitions 1
  • Section   A Initial Provisions 1
  • Article   101 Establishment of the Free Trade Area 1
  • Article   102 Relation to other Agreements 1
  • Article   103 Relation to Multilateral Environmental Agreements 1
  • Article   104 Extent of Obligations 1
  • Article   105 Reference to other Agreements 1
  • Section   B General Definitions 1
  • Article   106 Definitions of General Application 1
  • Article   107 Country-specific Definitions 1
  • Annex 103  Multilateral Environmental Agreements 1
  • Chapter   Two National Treatment and Market Access for Goods 1
  • Article   201 Scope and Coverage 1
  • Section   A National Treatment 1
  • Article   202 National Treatment 1
  • Section   B Tariff Elimination 1
  • Article   203 Tariff Elimination 1
  • Section   C Special Regimes 1
  • Article   204 Temporary Admission of Goods 1
  • Article   205 Goods Re-entered after Repair or Alteration 1
  • Article   206 Duty-free Entry of Commercial Samples of Negligible Value and Printed Advertising Materials 1
  • Section   D Non-Tariff Measures 1
  • Article   207 Import and Export Restrictions 1
  • Article   208 Import Licensing 2
  • Article   209 Administrative Fees and Formalities 2
  • Article   210 Export Taxes 2
  • Article   211 Customs Valuation 2
  • Article   212 Distinctive Products 2
  • Section   E Agriculture 2
  • Article   213 Scope and Coverage 2
  • Article   214 Agricultural Export Subsidies 2
  • Article   215 State Trading Enterprises 2
  • Article   216 Domestic Support Measures for Agricultural Goods 2
  • Article   217 Agricultural Safeguard Measures 2
  • Article   218 Price Band System 2
  • Article   219 Administration and Implementation of Tariff-rate Quotas 2
  • Section   F Institutional Provisions 2
  • Article   220 Committee on Trade In Goods 2
  • Article   221 Agricultural Sub-committee 2
  • Section   G Definitions 2
  • Article   222 Definitions 2
  • Chapter   Three Rules of Origin 2
  • Article   301 Originating Goods 2
  • Article   302 Minimal Operations 2
  • Article   303 Value Test 2
  • Article   304 Value of Materials 3
  • Article   305 Intermediate Materials Used In Production 3
  • Article   306 Accumulation 3
  • Article   307 De Minimis 3
  • Article   308 Fungible Goods and Materials 3
  • Article   309 Indirect Materials 3
  • Article   310 Sets or Assortments of Goods 3
  • Article   311 Accessories, Spare Parts and Tools 3
  • Article   312 Packaging Materials and Containers for Retail Sale 3
  • Article   313 Packing Materials and Containers for Shipment 3
  • Article   314 Transit and Transshipment 3
  • Article   315 Interpretation and Application 3
  • Article   316 Consultation and Modifications 3
  • Article   317 Short Supply 3
  • Article   318 Definitions 3
  • Chapter   Four Origin Procedures and Trade Facilitation 3
  • Section   A Origin Procedures 3
  • Article   401 Certificate of Origin 3
  • Article   402 Obligations Regarding Importations 4
  • Article   403 Exceptions 4
  • Article   404 Obligations Regarding Exportations 4
  • Article   405 Records 4
  • Article   406 Origin Verifications 4
  • Article   407 Uniform Regulations 4
  • Section   B Trade Faciliation 4
  • Article   408 Objectives and Principles 4
  • Article   409 Transparency 4
  • Article   410 Release of Goods 4
  • Article   411 Automation 4
  • Article   412 Risk Management 4
  • Article   413 Paperless Trade Administration 4
  • Article   414 Cooperation 4
  • Article   415 Confidentiality 5
  • Article   416 Express Shipments 5
  • Article   417 Review and Appeal 5
  • Article   418 Penalties 5
  • Article   419 Advance Rulings 5
  • Article   420 Trade Facilitation Sub-committee 5
  • Article   421 Future Work Program 5
  • Article   422 Implementation 5
  • Article   423 Definitions 5
  • Chapter   Five Sanitary and Phytosanitary Measures 5
  • Article   501 Objectives 5
  • Article   502 Scope and Coverage 5
  • Article   503 Relation to other Agreements 5
  • Article   504 Committee on Sanitary and Phytosanitary Measures 5
  • Article   505 Sanitary and Phytosanitary Issue Avoidance and Resolution 5
  • Chapter   Six Technical Barriers to Trade 5
  • Article   601 Objectives 5
  • Article   602 Affirmation of the Tbt Agreement 5
  • Article   603 Scope 5
  • Article   604 Joint Cooperation 5
  • Article   605 International Standards 5
  • Article   606 Technical Regulations 5
  • Article   607 Conformity Assessment 5
  • Article   608 Transparency 5
  • Article   609 Country Coordinators on Technical Barriers to Trade 6
  • Article   610 Information Exchange 6
  • Article   611 Definitions 6
  • Chapter   Seven Emergency Action and Trade Remedies 6
  • Section   A Emergency Action 6
  • Article   701 Article XIX of the GATT 1994 and the Agreement on Safeguards 6
  • Article   702 Imposition of an Emergency Action 6
  • Article   703 Notification and Consultation 6
  • Article   704 Standards for an Emergency Action 6
  • Article   705 Investigation Procedures and Transparency Requirements 6
  • Section   B Antidumping and Countervailing Measures 6
  • Article   706 Antidumping and Countervailing Measures 6
  • Article   707 Definitions 6
  • Chapter   Eight Investment 6
  • Section   A Investment 6
  • Article   801 Scope and Coverage 6
  • Article   802 Relation to other Chapters 6
  • Article   803 National Treatment 6
  • Article   804 Most-favoured-nation Treatment 6
  • Article   805 Minimum Standard of Treatment 6
  • Article   806 Compensation for Losses 6
  • Article   807 Performance Requirements 6
  • Article   808 Senior Management and Boards of Directors 7
  • Article   809 Non-conforming Measures 7
  • Article   810 Transfers 7
  • Article   811 Expropriation 7
  • Article   812 Special Formalities and Information Requirements 7
  • Article   813 Subrogation 7
  • Article   814 Denial of Benefits 7
  • Article   815 Health, Safety and Environmental Measures 7
  • Article   816 Corporate Social Responsibility 7
  • Article   817 Committee on Investment 7
  • Section   B Settlement of Disputes between an Investor and the Host Party 7
  • Article   818 Purpose 7
  • Article   819 Claim by an Investor of a Party on Its Own Behalf 7
  • Article   820 Claim by an Investor of a Party on Behalf of an Enterprise 7
  • Article   821 Conditions Precedent to Submission of a Claim to Arbitration 7
  • Article   822 Submission of a Claim to Arbitration 7
  • Article   823 Consent to Arbitration 7
  • Article   824 Arbitrators 7
  • Article   825 Agreement to Appointment of Arbitrators 7
  • Article   826 Consolidation 7
  • Article   827 Documents To, and Participation Of, the other Party 8
  • Article   828 Place of Arbitration 8
  • Article   829 Preliminary Objections 8
  • Article   830 Public Access to Hearings and Documents 8
  • Article   831 Submissions by a Non-disputing Party 8
  • Article   832 Governing Law 8
  • Article   833 Expert Reports 8
  • Article   834 Interim Measures of Protection and Final Award 8
  • Article   835 Finality and Enforcement of an Award 8
  • Article   836 Receipts Under Insurance or Guarantee Contracts 8
  • Article   837 Exclusions 8
  • Section   C Definitions 8
  • Article   838 Definitions 8
  • Section   D Dispute Settlement for Juridical Stability Contracts 8
  • Article   839 Dispute Settlement for Juridical Stability Contracts 8
  • Annex 810  Capital Controls 8
  • Annex 811  Indirect Expropriation 8
  • Annex 821  Standard Waiver and Consent 8
  • Annex 822  Submission of a Claim to Arbitration 9
  • Annex 831  Submissions by Non-Disputing Parties 9
  • Annex 837  Exclusions from Dispute Settlement 9
  • Chapter   Nine Cross-border Trade In Services 9
  • Article   901 Scope and Coverage 9
  • Article   902 National Treatment 9
  • Article   903 Most-favoured-nation Treatment 9
  • Article   904 Market Access 9
  • Article   905 Local Presence 9
  • Article   906 Non-conforming Measures 9
  • Article   907 Domestic Regulation 9
  • Article   908 Recognition 9
  • Article   909 Temporary Licensing 9
  • Article   910 Transfers and Payments 9
  • Article   911 Denial of Benefits 9
  • Article   912 Working Group 9
  • Article   913 Definitions 9
  • Chapter   Ten Telecommunications 9
  • Article   1001 Scope and Coverage 10
  • Article   1002 Access to and Use of Public Telecommunications Transport Networks and Services  (2) 10
  • Article   1003 Conduct of Major Suppliers 10
  • Article   1004 Independent Regulatory Bodies and Government-owned Telecommunications Suppliers 10
  • Article   1005 Universal Service 10
  • Article   1006 Licenses and other Authorizations 10
  • Article   1007 Allocation and Use of Scarce Resources 10
  • Article   1008 Enforcement 10
  • Article   1009 Resolution of Domestic Telecommunication Disputes 10
  • Article   1010 Transparency 10
  • Article   1011 Flexibility In the Choice of Technologies 10
  • Article   1012 Forbearance 10
  • Article   1013 Conditions for the Provision of Value-added Services 10
  • Article   1014 Relation to other Chapters 10
  • Article   1015 International Standards and Organizations 10
  • Article   1016 Definitions 10
  • Chapter   Eleven Financial Services 11
  • Article   1101 Scope and Coverage 11
  • Article   1102 National Treatment 11
  • Article   1103 Most-favoured-nation Treatment 11
  • Article   1104 Right of Establishment 11
  • Article   1105 Cross-border Trade 11
  • Article   1106 New Financial Services 11
  • Article   1107 Treatment of Certain Information 11
  • Article   1108 Senior Management and Boards of Directors 11
  • Article   1109 Non-conforming Measures 11
  • Article   1110 Exceptions 11
  • Article   1111 Transparency 11
  • Article   1112 Self-regulatory Organizations 11
  • Article   1113 Payment and Clearing Systems 11
  • Article   1114 Financial Services Committee 11
  • Article   1115 Consultations 11
  • Article   1116 Dispute Settlement 11
  • Article   1117 Investment Disputes In Financial Services 11
  • Article   1118 Definitions 11
  • Chapter   Twelve Temporary Entry for Business Persons 12
  • Article   1201 General Principles 12
  • Article   1202 General Obligations 12
  • Article   1203 Grant of Temporary Entry 12
  • Article   1204 Provision of Information 12
  • Article   1205 Contact Points 12
  • Article   1206 Dispute Settlement 12
  • Article   1207 Relation to other Chapters 12
  • Article   1208 Transparency and Processing of Applications 12
  • Article   1209 Definitions 12
  • Chapter   Thirteen Competition Policy, Monopolies and State Enterprises 12
  • Article   1301 Objectives 12
  • Article   1302 Competition Law and Policy 12
  • Article   1303 Consultations 12
  • Article   1304 Cooperation 12
  • Article   1305 Designated Monopolies 12
  • Article   1306 State Enterprises 12
  • Article   1307 Dispute Settlement 12
  • Article   1308 Definitions 12
  • Chapter   Fourteen Government Procurement 12
  • Article   1401 Scope and Coverage 12
  • Article   1402 Security and General Exceptions 12
  • Article   1403 General Principles 12
  • Article   1404 Publication of Procurement Information 13
  • Article   1405 Publication of Notices 13
  • Article   1406 Conditions for Participation 13
  • Article   1407 Technical Specifications and Tender Documentation 13
  • Article   1408 Time Limits for the Submission of Tenders 13
  • Article   1409 Limited Tendering 13
  • Article   1410 Treatment of Tenders and Awarding of Contracts 13
  • Article   1411 Disclosure of Information 13
  • Article   1412 Domestic Review Procedures 14
  • Article   1413 Modifications and Rectifications to Coverage 14
  • Article   1414 Committee on Procurement 14
  • Article   1415 Further Negotiations 14
  • Article   1416 Information Technology 14
  • Article   1417 Definitions 14
  • Chapter   Fifteen Electronic Commerce 14
  • Article   1501 Scope and Coverage 14
  • Article   1502 General Provisions 14
  • Article   1503 Customs Duties 14
  • Article   1504 Consumer Protection 14
  • Article   1505 Paperless Trade Administration 14
  • Article   1506 Protection of Personal Information 14
  • Article   1507 Cooperation 14
  • Article   1508 Relation to other Chapters 14
  • Article   1509 Definitions 14
  • Chapter   Sixteen Labour 14
  • Article   1601 Affirmations 14
  • Article   1602 Non-derogation 14
  • Article   1603 Objectives 14
  • Article   1604 Obligations 14
  • Article   1605 Cooperative Activities 14
  • Chapter   Seventeen Environment 14
  • Article   1701 Affirmations 14
  • Article   1702 Non-derogation 14
  • Article   1703 Agreement on Environment 14
  • Article   1704 Relationship between this Agreement and the Agreement on the Environment 14
  • Chapter   Eighteen Trade-related Cooperation 14
  • Article   1801 Objectives 14
  • Article   1802 Committee on Trade-related Cooperation 15
  • Chapter   Nineteen Transparency 15
  • Article   1901 Publication 15
  • Article   1902 Notification and Provision of Information 15
  • Article   1903 Administrative Proceedings 15
  • Article   1904 Review and Appeal 15
  • Article   1905 Cooperation on Promoting Increased Transparency 15
  • Article   1906 Definitions 15
  • Article   1907 Statement of Principles 15
  • Article   1908 Anti-corruption Measures 15
  • Article   1909 Cooperation In International Fora 15
  • Article   1910 Definitions 15
  • Chapter   Twenty Administration of the Agreement 15
  • Article   2001 The Joint Commission 15
  • Article   2002 Agreement Coordinators 15
  • Annex 2001  Committees, Working Groups and Country Coordinators 15
  • Chapter   Twenty-One 15
  • Section   CHAPTER TWENTY ONE Dispute Settlement 15
  • Article   2101 Cooperation 15
  • Article   2102 Scope of Application 15
  • Article   2103 Choice of Forum 15
  • Article   2104 Consultations 15
  • Article   2105 Good Offices, Conciliation and Mediation 15
  • Article   2106 Establishment of a Panel 15
  • Article   2107 Qualifications of Panelists 16
  • Article   2108 Panel Selection 16
  • Article   2109 Rules of Procedure 16
  • Article   2110 Panel Reports 16
  • Article   2111 Request for Clarification of the Report 16
  • Article   2112 Suspension and Termination of Procedure 16
  • Article   2113 Implementation of the Final Report 16
  • Article   2114 Non-implementation – Suspension of Benefits 16
  • Article   2115 Review of Compliance and Suspension of Benefits 16
  • Article   2116 Referrals of Matters from Judicial or Administrative Proceedings 16
  • Article   2117 Private Rights 16
  • Article   2118 Alternative Dispute Resolution 16
  • Chapter   Twenty-Two Exceptions 16
  • Article   2201 General Exceptions 16
  • Article   2202 National Security 16
  • Article   2203 Balance of Payments 16
  • Article   2204 Taxation 16
  • Article   2205 Disclosure of Information 17
  • Article   2206 Cultural Industries 17
  • Article   2207 World Trade Organization Waivers 17
  • Article   2208 Definitions 17
  • Chapter   Twenty-Three Final Provisions 17
  • Article   2301 Annexes, Appendices and Footnotes 17
  • Article   2302 Amendments 17
  • Article   2303 Reservations 17
  • Article   2304 Entry Into Force 17
  • Article   2305 Termination 17
  • Article   2306 Accession 17
  • Annex I  Headnote 17
  • Annex I  Schedule of Canada 17
  • Annex I  Schedule of Colombia 19
  • Annex II  Headnote 20
  • Annex II  Schedule of Canada 20
  • Annex II  Schedule of Colombia 21