2. Likewise, the Parties shall make an effort to establish mechanisms to facilitate and promote the development of competition policy and to guarantee the application of regulations on free competition in and between the Parties in the free trade area.
Article XIV.02. Future Work Program
Within a period of two (2) years of the date of entry into force of this Agreement, the Parties shall analyse the developments regarding paragraphs 1 and 2 of Article XIV.01 and shall consider adopting disciplines in this Chapter.
Chapter XV. Government Procurement
Article XV.01. Government Procurement
1. The Parties agree to promote greater liberalisation and greater transparency in their government procurement markets.
2. Within a period of two (2) years of the date of entry into force of this Agreement, the Parties shall analyse the developments regarding paragraph 1 and shall consider adopting disciplines in this Chapter.
Part SIX. Final Provisions
Chapter XVI. Exceptions Article Xvi.01 General Exceptions
For the purposes of Part Two (Trade in Goods), Article XX (General Exceptions) of the GaTt 1994 and its interpretative notes, or any equivalent provision of a successor Agreement to which both Parties are party, are incorporated into and made part of this Agreement.
Article XVI.02. National Security
Pursuant to Article XXI (Security Exceptions) of the GATT 1994, nothing in this Agreement shall be construed:
(a) to require any Party to furnish or allow access to any information the disclosure of which it determines to be contrary to its essential security interests;
(b) to prevent any Party from taking any actions considered necessary for the protection of its essential security interests:
(i) relating to the traffic in arms, ammunition and implements of war and to such traffic and transactions in other goods, materials, services and technology undertaken directly or indirectly for the purpose of supplying a military or other security establishment;
(ii) adopted in time of war or other emergency in international relations; or
(iii) relating to the implementation of national policies or international agreements regarding the non-proliferation of nuclear weapons or other nuclear explosive devices; or
(c) to prevent any Party from taking action in pursuance of its obligations under the United Nations Charter for the Maintenance of International Peace and Security.
Article XVI.03. Taxation and Double Taxation
1. Except as provided for in this Article, nothing in this Agreement shall apply to taxation measures.
2. Nothing in this Agreement shall affect the rights and obligations of either Party under any tax convention. In the event of any inconsistency between this Agreement and any such conventions, those conventions shall prevail to the extent of the inconsistency.
3. Notwithstanding paragraph 2:
(a) Article III.03 (National Treatment) and such other provisions of this Agreement as are necessary to give effect to that Article, shall apply to taxation measures to the same extent as in Article III of the GATT 1994; and
(b) Article III.15 (Export Taxes) shall apply to taxation measures.
4. The Parties agree to conclude a bilateral double taxation agreement within a reasonable time after the date that this Agreement enters into force.
5. The Parties agree that, upon conclusion of a bilateral double taxation Agreement, they will agree to an exchange of letters setting out the relationship between the double taxation Agreement and this Article.
Article XVI.04. Balance of Payments
1. Nothing in this Agreement shall be construed to prevent a Party from adopting or maintaining measures that restrict transfers when the Party experiences serious balance of payments difficulties, or the threat thereof, and such restrictions are consistent with Chapter X (Investment) and this Article.
2. Restrictions imposed on transfers related to trade in goods, shall not substantially impede those transfers from being made in a freely usable currency at a market rate of exchange and may not take the form of tariff surcharges or similar measures.
Article XVI.05. Exceptions to the Disclosure of Information
Nothing in this Agreement shall be construed to require any Party to furnish or allow access to information, the disclosure of which would impede law enforcement or would be contrary to the Party's laws protecting personal privacy or the financial affairs and accounts of individual customers of financial institutions.
Chapter XVII. Final Provisions
Article XVII.01. Annexes and Footnotes
The Annexes and Footnotes to this Agreement constitute an integral part of this Agreement.
Article XVII.02. Amendment
1. The Parties may agree on any amendment, modification, or addition to this Agreement.
2. When so agreed and approved in accordance with the applicable legal procedures of each Party, an amendment, modification or addition shall constitute an integral part of this Agreement.
Article XVII.03. Entry Into Force
This Agreement shall enter into force on 1 March, 2004, or as soon thereafter as the Parties have exchanged written notifications that certifies all necessary legal procedures have been completed.
Article XVII.04. Provisional Application
1. This Agreement may be provisionally applied by any two States of the Parties mentioned in the Preamble which have notified that they have completed the necessary legal procedures and have agreed to apply the provisions of this Agreement provisionally pending its definitive entry into force in accordance with Article XVII.03.
2. CARICOM shall notify Costa Rica of any Member State mentioned in the Preamble which has completed the necessary legal procedures and has agreed to apply this Agreement provisionally.
Article XVII.05. Reservations
This Agreement shall not be the subject of reservations or unilateral interpretative declarations.
Article XVII.06. Accession
1. Any country or group of countries may accede to this Agreement subject to such terms and conditions as may be agreed between such country or group of countries and the Parties, and following approval in accordance with the applicable legal procedures of each country.
2. It is mutually understood and agreed that negotiations for the accession of Haiti to this Agreement shall take into account that this Agreement and its Annexes establish preferential treatment by Costa Rica for the less developed Member States of CARICOM by reason of their lesser degree of development.
3. This Agreement shall not come into force between a Party and any acceding country or group of countries if, at the time of accession, either does not consent to such application.
4. The instrument of accession shall enter into force upon the exchange of notifications certifying that the applicable legal procedures have been fulfilled.
Article XVII.07. Termination
1. This Agreement shall remain in force, unless terminated by either Party on six (6) months' written notice to the other Party. The rights acquired and the obligations assumed under this Agreement shall cease on the effective date of termination, except as provided in paragraph 2.
2. Obligations undertaken prior to termination with respect to trade in goods shall continue in force, for a further period of one (1) year, unless the Parties agree to a longer period.
3. In the case of accession of a country or group of countries in accordance with the provisions of Article XVII.06, even when a Party has denounced the Agreement, it shall remain in force for the other Parties.
Article XVII.08. Authentic Texts
Both the English and Spanish texts of this Agreement, in duplicate, are equally authentic.
Conclusion
IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly authorized, have affixed their signatures to this Agreement in the City of Kingston, Jamaica, on this 9 th day of March Two Thousand and Four.
THE MOST HONOURABLE PERCIVAL J. PATTERSON, PRIME MINISTER OF JAMAICA
HIS EXCELLENCY DR. ABEL PACHECO, PRESIDENT OF THE REPUBLIC OF COSTA RICA