Colombia - Panama FTA (2013)
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(b) financial data processing and related software referred to in subparagraph

(o) of the definition of financial service in Article 16.18 (2) (3); and

(c) advisory and other auxiliary financial services, (4) excluding credit intermediation and credit reporting and analysis, with respect to banking and other financial services referred to in subparagraph (o) of the definition of financial service in Article 16.18.

(2) It is understood that when the financial information or the processing of financial data referred to in subparagraphs (a) and (b) of this paragraph contains personal information, its treatment shall be in accordance with the Colombian law regulating the protection of such information.
(3) It is understood that the provision of a trading platform, whether electronic or physical, is not within the services specified in paragraph 4.
(4) It is understood that advisory and other auxiliary financial services do not include those services referred to in subparagraphs (e) through (o) of the definition of financial service in Article 16.18.

Panama

Insurance and Insurance-Related Services

1. Article 16.5.1 applies to the cross-border supply or trade in financial services, as defined in subparagraph (a) of the definition of "cross-border trade or supply of financial services" in Article 16.18, with respect to:

(a) Insurance covering the following risks:

(i) International maritime transport, international commercial aviation and space launch and transport (including satellites), including any or all of the following: the goods being transported, the vehicle transporting the goods and the civil liability that may arise therefrom.

(ii) Goods in international transit;

(b) reinsurance and retrocession;

(c) consulting, risk assessment, actuarial and claims adjustment; and

(d) insurance brokerage included in subparagraphs (a) and (b).

2. Article 16.5.1 applies to the cross-border supply or cross-border trade in financial services as defined in subparagraph (c) of the definition of "cross-border trade or supply of financial services" in Article 16.18, with respect to insurance and insurance-related services listed in paragraph 1 above.

3. Subparagraph 1(a)(i) shall not apply to insurance covering commercial aviation risks until two years after the entry into force of this Agreement.

Banking and other financial services (excluding insurance)

4. For Panama, Article 16.5.1 applies only with respect to:

(a) provision and transfer of financial information referred to in subparagraph (o) of the definition of financial service in Article 16.18;

(b) financial data processing and related software referred to in subparagraph(o) of the definition of financial service in Article 16.18 (5); and

(c) advisory and other auxiliary financial services, (6) excluding credit intermediation and credit reporting and analysis, with respect to banking and other financial services referred to in subparagraph (o) of the definition of financial service in Article 16.18.

(5) It is understood that when the financial information or the processing of financial data referred to in subparagraphs (a) and (b) of this paragraph contains personal information, its treatment shall be in accordance with the Panamanian law regulating the protection of such information.
(6) It is understood that advisory and other auxiliary financial services do not include those services referred to in subparagraphs (e) through (o) of the definition of financial service in Article 16.18.

Annex 16-B. AUTHORITIES RESPONSIBLE FOR FINANCIAL SERVICES

The authority of each Party responsible for financial services shall be:

(a) for Colombia, the Ministry of Finance and Public Credit, in coordination with the Ministry of Commerce, Industry and Tourism, the Financial Superintendency of Colombia and Banco de la Republica; and

(b) The International Trade Negotiations Office of the Ministry of Commerce and Industries for Panama, in consultation with the Superintendency of Banks, the Superintendency of Insurance and Reinsurance, and the Superintendency of the Securities Market;

or their successors.

Chapter 17. SERVICES AND MARITIME TRANSPORT OF GOODS

Article 17.1. SCOPE

1. This Chapter applies to measures adopted or maintained by a Party affecting maritime cargo transport services and maritime auxiliary services supplied by both maritime transport service suppliers and maritime auxiliary service suppliers of a Party.

2. Measures affecting the supply of maritime transport services are covered by the relevant obligations and provisions of Chapters 14 (Investment) and 15 (Cross-Border Trade in Services). These measures are also covered by any exceptions or measures inconsistent with the obligations and provisions of the aforementioned Chapters, which have been established in this Agreement.

3. Except as provided in paragraph 2, in case of incompatibility between this Chapter and another Chapter, this Chapter shall prevail.

4. The provisions of this Chapter do not affect, nor shall they affect the legal provisions of each Party, with respect to the obligations contracted and to be contracted, by virtue of international conventions, laws and regulations in force, which regulate the international maritime transportation of goods as well as auxiliary maritime services.

Article 17.2. PARTICIPATION IN TRANSPORTATION

1. The Parties agree:

(a) facilitate the participation of a vessel of one Party in the maritime transport of goods to a port of the other Party; and

(b) cooperate in order to remove any obstacle that may impede the development of maritime trade between a port of one Party and a port of the other Party; and that may interfere with the various activities connected with such trade.

2. The Parties shall endeavor to ensure: (a) the safety and/or security of its vessels and port facilities; (b) protection of the marine environment,

(c) safety of life at sea; and

(d) the work of seafarers.

Article 17.3. FREE TRANSFER

Free transfer shall be guaranteed in accordance with the provisions of Article 14.9 (Transfers) and 15.10 (Transfers and Payments).

Article 17.4. NATIONAL TREATMENT

1. A Party shall accord in its ports to vessels of the other Party, treatment no less favorable than that accorded to its own vessels with respect to:

(a) free access to ports, subject to the international regulations applicable in each of the Parties;

(b) permanence and abandonment of the ports;

(c) the use of port facilities; and

(d) all facilities guaranteed by a Party in connection with commercial and navigational operations, both for vessels, their crew and cargo.

This provision shall also apply to the assignment of docks, as well as loading and unloading facilities.

2. The provisions of paragraph 1 shall not apply to shipping activities legally reserved by a Party to its own vessels, such as towing and pilotage activities.

3. A Party shall allow maritime cargo service suppliers of the other Party to have an establishment in its territory under conditions of establishment and operation no less favorable than those accorded to its own maritime cargo service suppliers and maritime auxiliary service suppliers.

4. A Party shall accord to a maritime cargo shipping company of the other Party treatment no less favorable than that it accords to its own maritime cargo shipping companies for the supply of auxiliary maritime services.

Article 17.5. AGENTS AND REPRESENTATIVES

A maritime cargo shipping company of a Party operating in the territory of the other Party shall have the right to establish representations in the territory of the other Party, in accordance with the legislation of such other Party.

Article 17.6. SURVEY OF VESSEL DOCUMENTATION

1. A Party shall recognize the nationality of a vessel of the other Party, upon verifying by means of shipboard documents, that they have been issued by the competent authority of the other Party or by an organization recognized by each Party, in accordance with its legislation.

2. The competent authority to issue onboard documents:

(a) in the Republic of Colombia is the Direccién General Maritima (DIMAR) or an organization recognized by the authorities of this Party; and

(b) in the Republic of Panama is the Panama Maritime Authority or an organization recognized by the authorities of this Party.

3. Vessel documents issued or recognized by one Party shall be recognized by the other Party.

Article 17.7. RECOGNITION OF TRAVEL DOCUMENTS OF CREW MEMBERS OF a PARTY'S VESSEL

The Parties shall recognize as travel documents of the crew members of a vessel of the other Party the valid passport and seaman's book.

Article 17.8. JURISDICTION FOR MARITIME LABOR DISPUTES

Any dispute arising out of a labor or employment contract between a shipowner of one Party and a seaman of the other Party shall be referred for resolution only to the respective judicial or administrative authorities of either Party.

Article 17.9. ANCILLARY MARITIME SERVICES

The equipment or machinery of the maritime transport companies of one Party may temporarily enter the territory of the other Party to provide auxiliary maritime services in the ports without incurring any type of duty, fee, contribution, etc., provided that the legal provisions of each Party on the temporary admission of goods are complied with. (1)

(1) For greater certainty, equipment and machinery temporarily entering the national territory of both Parties must be temporarily imported before the corresponding Customs. The interested parties must provide a bond covering the amount of taxes that may be incurred if the objects introduced remain in the country. Such bond will be returned (customs reimbursement) upon proper verification of the exit of the equipment and machinery temporarily brought into the country.

Article 17.10. COOPERATION

Recognizing the global nature of maritime transport, the Parties affirm the importance of:

(a) to work together to overcome obstacles faced by companies when using the maritime transport service and to share knowledge of best practices;

(b) share information and experiences on laws, regulations and programs that make the provision of port, maritime and navigation services efficient;

(c) Promote study and training opportunities for personnel related to port, maritime and navigation services, to be developed in specialized centers for this purpose;

(d) working to maintain cross-border information flows as an essential element in promoting improved bidding options for the procurement of maritime transport services; and

(e) actively participate in congresses, symposiums, business meetings, fairs, hemispheric and multilateral forums to promote maritime and port development.

Article 17.11. POINT OF CONTACT

1. The Parties establish the following points of contact:

(a) for the Republic of Colombia:

Ministry of Commerce, Industry and Tourism; and

(b) for the Republic of Panama:

Panama Maritime Authority and the National Customs Authority, through the Office of International Trade Negotiations of the Ministry of Commerce and Industries;

or their successors.

2. The Contact Points shall meet as necessary to exchange information and to consider matters related to this Chapter, such as:

(a) implementation and administration of this Chapter;

(b) the development and adoption of common criteria, definitions and interpretations for the implementation of this Chapter;

(c) proposed amendments to this Chapter.

Article 17.12. DEFINITIONS

For the purposes of this Chapter:

vessel of a Party means any vessel flying the flag of a Party and registered in its registry in accordance with the legal provisions of that Party. Notwithstanding the foregoing, this term does not include:

(a) vessels used exclusively by the armed forces;

(b) hydrographic, oceanographic and scientific research vessels;

(c) fishing vessels, research and inspection vessels, and fish processing vessels; and

(d) Vessels intended to provide port, harbor and shore services, including pilotage, towing, assistance and rescue at sea;

maritime transport company of a Party means a transport company operating seagoing vessels and having its headquarters in the territory of that Party;

crew members of a Party's vessel means all persons, including the master and employees who are currently under contract for activities on board the vessel during a voyage and included on the vessel's crew list or crew roster;

recognized organization means any Classification Society or other Organization, acting on behalf of the Competent Authority for the purposes of surveys, inspections, surveys, issue of certificates and documents, marking of ships and other statutory work required under the conventions of the International Maritime Organization (IMO);

maritime transportation service supplier of a Party means a person of a Party, a shipping company of a Party or a vessel of a Party that seeks to provide or provides a maritime transportation service or an auxiliary maritime service;

port of a Party means a seaport, including roadsteads, in the territory of that Party that have been approved and opened for international trade;

auxiliary maritime services means the provision of services complementary to the

maritime activity within or outside the port enclosure to attend the cargo, vessel, or crew, in accordance with the provisions of the legislation of each Party.

Chapter 18. TELECOMMUNICATIONS

Article 18.1. SCOPE

1. This Chapter shall apply to:

(a) measures adopted or maintained by a Party relating to access to and use of public telecommunications networks or services;

(b) measures adopted or maintained by a Party relating to the obligations of suppliers of public telecommunications networks and services;

(c) other measures adopted or maintained by a Party relating to public telecommunications networks or services; and

(d) measures adopted or maintained by a Party relating to the supply of value-added services.

2. This Chapter shall not apply to any measure of a Party affecting the transmission by any means of telecommunications, including broadcasting and cable distribution, of radio or television programming intended for the public.

3. Nothing in this Chapter shall be construed to mean:

(a) oblige a Party to authorize a service supplier of the other Party to establish, construct, acquire, lease, operate or supply public telecommunications networks or services, except as specifically provided in this Chapter;

(b) oblige a Party to establish, construct, acquire, acquire, lease, operate or supply public telecommunications networks or services not offered to the general public; or

(c) oblige a Party to require a service supplier to establish, construct, acquire, lease, operate or supply public telecommunications services or services that are not offered to the general public.

Article 18.2. ACCESS TO AND USE OF PUBLIC TELECOMMUNICATION NETWORKS AND SERVICES

1. Subject to a Party's right to restrict the supply of a service in accordance with the reservations set out in its Schedules to Annexes I and II (Non-Conforming Measures), a Party shall ensure that enterprises of the other Party have access to and may use public telecommunications networks or services on reasonable and non-discriminatory terms and conditions, including as set out in paragraphs 2 to 7.

2. Each Party shall ensure that enterprises of the other Party have access to and may use any public telecommunications networks or services offered within or across its borders, including private leased circuits, and, to that end, shall ensure, subject to paragraphs 6 and 7, that such enterprises are permitted to do so:

(a) purchase or lease and connect terminals or other equipment interfacing with public telecommunications networks;

(b) interconnect private leased or owned circuits with the public telecommunications networks and services of that Party, or with circuits leased or owned by another enterprise;

(c) use operating protocols of your choice; and (d) perform switching, signaling, processing functions.

3. Each Party shall ensure that an enterprise of the other Party may use public telecommunications networks and services to move information in its territory or on a cross-border basis, including for intra-corporate communications of such enterprise and to access information contained in databases or otherwise stored in a machine-readable form in the territory of any Party.

4. In addition to the provisions of Article 24.1 (General Exceptions), a Party may take measures necessary to:

(a) ensuring the security and confidentiality of messages; or

(b) protect the privacy of the personal data of subscribers of public telecommunications services.

5. A measure taken under paragraph 4 may not be applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade.

6. No Party shall impose conditions on access to and use of public telecommunications networks or services, except those deemed necessary to:

(a) safeguard the public service responsibilities of providers of public telecommunications networks or services, in particular their ability to make their networks or services available to the general public;

(b) protect the technical integrity of public telecommunications networks or services; or

(c) ensure that service suppliers of the other Party do not supply services that are restricted by the reservations listed by the Parties in their Schedules to Annexes I and II (Non-Conforming Measures).

7. Provided that they meet the criteria set forth in paragraph 6, the conditions for access to and use of public telecommunications networks or services may include:

(a) the requirement to use specific technical interfaces, including interface protocols, for interconnection with such networks and services;

(b) requirements, when necessary, for the interoperability of such services;

(c) the approval of terminal equipment or other equipment interfacing with the network and technical requirements related to the connection of such equipment to these networks;

(d) restrictions on the interconnection of private leased or owned circuits with such networks or services, or with circuits owned or leased by another company; and

(e) notification, registration and licensing.

Article 18.3. BEHAVIOR OF DOMINANT OR MAJOR SUPPLIERS

Treatment of Dominant or Major Suppliers

1. Each Party shall ensure that dominant or major suppliers in its territory accord to public telecommunications service suppliers of the other Party treatment no less favorable than such dominant or major suppliers accord to their subsidiaries, their affiliates, or to an unaffiliated service supplier, with respect to:

(a) the availability, supply, rates, or quality of similar public telecommunications services; and

(b) the availability of technical interfaces required for interconnection.

2. The Parties shall, in accordance with their legislation, make available to suppliers of public telecommunications services the interconnection agreements in force between dominant or major suppliers in their territory and other suppliers of public telecommunications services in their territory.

Competitive Safeguards

1. Each Party shall maintain appropriate measures to prevent suppliers that, individually or jointly, are dominant or major suppliers from engaging or continuing to engage in anti-competitive practices.

2. The anticompetitive practices referred to in paragraph 1 include:

(a) engage in anticompetitive cross-subsidization activities;

(b) using information obtained from competitors with anticompetitive results; and

(c) failure to make available to other suppliers of public telecommunications services, in a timely manner, technical information on essential facilities and commercially relevant information needed by them to supply public telecommunications services.

Interconnection

Subject to a Party's reservations in Annexes I and Il (Non-Conforming Measures), each Party shall ensure that a dominant or major supplier provides interconnection:

(a) at any technically feasible point in the network;

(b) on terms, conditions (including technical standards and specifications) and rates that do not discriminate against other suppliers;

  • Chapter   1 INITIAL PROVISIONS AND GENERAL DEFINITIONS 1
  • Section   A GENERAL PROVISIONS 1
  • Article   1.1 ESTABLISHMENT OF a FREE TRADE AREA 1
  • Article   1.2 OBJECTIVES 1
  • Article   1.3 RELATIONSHIP WITH OTHER INTERNATIONAL AGREEMENTS 1
  • Article   1.4 SCOPE OF OBLIGATIONS 1
  • Article   1.5 REFERENCE TO OTHER AGREEMENTS 1
  • Section   B GENERAL DEFINITIONS 1
  • Article   1.6 DEFINITIONS OF GENERAL APPLICATION 1
  • Article   1.7 COUNTRY SPECIFIC DEFINITIONS 1
  • Chapter   2 NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS 1
  • Article   2.1 SCOPE 1
  • Article   2.2 CLASSIFICATION OF GOODS 1
  • Section   A NATIONAL TREATMENT 1
  • Article   2.3 NATIONAL TREATMENT 1
  • Section   B TARIFFS 1
  • Article   2.4 TARIFF ELIMINATION 1
  • Article   2.5 TEMPORARY ADMISSION OF GOODS 1
  • Article   2.6 DUTY-FREE IMPORTATION FOR CERTAIN COMMERCIAL SAMPLES AND PRINTED ADVERTISING MATERIALS 1
  • Article   2.7 GOODS REIMPORTED AFTER REPAIR OR ALTERATION 1
  • Section   C NON-TARIFF MEASURES 1
  • Article   2.8 IMPORT AND EXPORT RESTRICTIONS 1
  • Article   2.9 EXPORT TAXES 1
  • Article   2.10 FEES, CHARGES AND ADMINISTRATIVE FORMALITIES 1
  • Article   2.11 IMPORT LICENSING PROCEDURE 2
  • Article   2.12 CUSTOMS VALUATION 2
  • Section   D AGRICULTURE 2
  • Article   2.13 SCOPE 2
  • Article   2.14 EXPORT SUBSIDIES 2
  • Article   2.15 AGRICULTURAL SUBCOMMITTEE 2
  • Section   E COMMODITY TRADING COMMITTEE 2
  • Article   2.16 COMMODITY TRADING COMMITTEE 2
  • Article   2.17 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 REGIONAL CONTENT VALUE 2
  • Article   3.3 ACCUMULATION 2
  • Article   3.4 DE MINIMIS 2
  • Article   3.5 INSUFFICIENT WORKING OR PROCESSING OPERATIONS 2
  • Article   3.6 EXPENDABLE GOODS AND MATERIALS 2
  • Article   3.7 ACCESSORIES, SPARE PARTS AND TOOLS 2
  • Article   3.8 RETAIL CONTAINERS AND PACKAGING MATERIALS 2
  • Article   3.9 PACKING MATERIALS AND SHIPPING CONTAINERS 2
  • Article   3.10 INDIRECT MATERIALS USED IN PRODUCTION 2
  • Article   3.11 TRANSIT AND TRANSSHIPMENT 2
  • Article   3.12 SETS OR ASSORTMENTS 2
  • Article   3.13 CONSULTATIONS AND MODIFICATIONS 2
  • Section   B CUSTOMS PROCEDURES 2
  • Article   3.14 CERTIFICATION OF ORIGIN 2
  • Article   3.15 OBLIGATIONS REGARDING IMPORTS 3
  • Article   3.16 EXPORT-RELATED OBLIGATIONS 3
  • Article   3.17 INVOICING BY a NON-PARTY OPERATOR 3
  • Article   3.18 RECORDS 3
  • Article   3.19 PROCEDURE FOR VERIFICATION OF ORIGIN 3
  • Article   3.20 EXCEPTIONS 3
  • Article   3.21 DEFINITIONS 3
  • Chapter   4 CUSTOMS ADMINISTRATION AND TRADE FACILITATION 3
  • Article   4 PUBLICATION 3
  • Article   4.2 CLEARANCE OF GOODS 3
  • Article   4.3 USE OF AUTOMATED SYSTEM 3
  • Article   4.4 RISK MANAGEMENT 4
  • Article   4.5 AUTHORIZED ECONOMIC OPERATOR 4
  • Article   4.6 SIMPLIFICATION OF CUSTOMS PROCEDURES AND FACILITATION OF TRADE IN GOODS AND SERVICES COMMERCE 4
  • Article   4.7 CONFIDENTIALITY 4
  • Article   4.8 REVIEW AND APPEAL 4
  • Article   4.9 COOPERATION 4
  • Article   4.10 UNIFORM REGULATIONS 4
  • Article   4.11 PENALTIES 4
  • Article   4.12 ADVANCE RULINGS 4
  • Article   4.13 COMMITTEE ON RULES AND PROCEDURES OF ORIGIN, TRADE FACILITATION AND TRADE, TECHNICAL COOPERATION AND MUTUAL ASSISTANCE IN CUSTOMS MATTERS 4
  • Chapter   5 SANITARY AND PHYTOSANITARY MEASURES 4
  • Article   5.1 OBJECTIVES 4
  • Article   5.2 RIGHTS AND OBLIGATIONS 4
  • Article   5.3 SCOPE 4
  • Article   5.4 TRANSPARENCY AND EXCHANGE OF INFORMATION 4
  • Article   5.5 PROCEDURES FOR THE IMPORTATION, CONTROL, INSPECTION AND APPROVAL 4
  • Article   5.6 RISK ASSESSMENT AND DEFINITION OF SPSM MEASURES 4
  • Article   5.7 REGIONALIZATION 4
  • Article   5.8 TECHNICAL CONSULTATIONS 4
  • Article   5.9 COMMITTEE ON SANITARY AND PHYTOSANITARY MEASURES 4
  • Article   5.10 SETTLEMENT OF DISPUTES 4
  • Article   5.11 COMPOSITION OF THE SPS COMMITTEE 4
  • Article   5.12 DEFINITIONS 4
  • Chapter   6 TECHNICAL BARRIERS TO TRADE 5
  • Article   6.1 OBJECTIVES 5
  • Article   6.2 AFFIRMATION OF THE TBT AGREEMENT 5
  • Article   6.3 SCOPE 5
  • Article   6.4 INTERNATIONAL STANDARDS 5
  • Article   6.5 EQUIVALENCE 5
  • Article   6.6 CONFORMITY ASSESSMENT 5
  • Article   6.7 TRANSPARENCY 5
  • Article   6.8 POINTS OF CONTACT 5
  • Article   6.9 COOPERATION AND TECHNICAL ASSISTANCE 5
  • Article   6.10 TECHNICAL BARRIERS TO TRADE COMMITTEE 5
  • Article   6.11 BORDER CONTROL AND MARKET SURVEILLANCE 5
  • Chapter   7 TRADE DEFENSE MEASURES 5
  • Section   A BILATERAL SAFEGUARD MEASURES 5
  • Article   7.1 BILATERAL SAFEGUARD MEASURES 5
  • Article   7.2 INVESTIGATION PROCEDURES AND TRANSPARENCY REQUIREMENTS 5
  • Article   7.3 BILATERAL PROVISIONAL SAFEGUARD MEASURES 5
  • Article   7.4 RULES FOR a BILATERAL SAFEGUARD MEASURE 5
  • Article   7.5 NOTIFICATION AND CONSULTATION 5
  • Article   7.6 DEFINITIONS 5
  • Section   B GLOBAL SAFEGUARD MEASURES 5
  • Section   C ANTIDUMPING AND COUNTERVAILING DUTY MEASURES 5
  • Chapter   8 INTELLECTUAL PROPERTY 5
  • Article   8.1 RECOGNITION OF THE PROVISIONS OF THE AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS 5
  • Article   8.2 GENERAL PROVISIONS. 5
  • Article   8.3 TRADITIONAL KNOWLEDGE 5
  • Article   8.4 GEOGRAPHICAL INDICATIONS 5
  • Article   8.5 TRADEMARKS 5
  • Article   8.6 COPYRIGHT AND RELATED RIGHTS 6
  • Article   8.7 BIODIVERSITY AND TRADITIONAL KNOWLEDGE 6
  • Article   8.8 REQUIREMENTS RELATED TO BORDER MEASURES 6
  • Article   8.9 COOPERATION 6
  • Article   8.10 TRANSFER OF TECHNOLOGY. 6
  • Article   8.11 INTELLECTUAL PROPERTY COMMITTEE 6
  • Chapter   9 ENVIRONMENT 6
  • Article   9.1 OBJECTIVES 6
  • Article   9.2 PRINCIPLES AND COMMITMENTS OF THE PARTIES 6
  • Article   9.3 RESPECT FOR SHARED INTERNATIONAL COMMITMENTS 6
  • Article   9.4 BIOLOGICAL DIVERSITY 6
  • Article   9.5 CORPORATE SOCIAL AND ENVIRONMENTAL RESPONSIBILITY 6
  • Article   9.6 COOPERATION IN ENVIRONMENTAL MATTERS 6
  • Article   9.7 JOINT COMMITTEE ON ENVIRONMENTAL MATTERS 6
  • Article   9.8 NATIONAL POINTS OF CONTACT 6
  • Article   9.9 CONSULTATIONS 6
  • Chapter   10 LABOR 6
  • Article   10.1 OBJECTIVES 6
  • Article   10.2 PRINCIPLES AND COMMITMENTS OF THE PARTIES 6
  • Article   10.3 RESPECT FOR SHARED INTERNATIONAL COMMITMENTS 6
  • Article   10.4 COOPERATION IN LABOR MATTERS 6
  • Article   10.5 INSTITUTIONAL PROVISIONS 7
  • Article   10.6 NATIONAL POINT OF CONTACT 7
  • Article   10.7 CONSULTATIONS 7
  • Article   10.8 DEFINITIONS 7
  • Chapter   11 COOPERATION AND TRADE CAPACITY BUILDING 7
  • Article   11.1 OBJECTIVES 7
  • Article   11.2 SCOPE 7
  • Article   11.3 COOPERATION IN STRENGTHENING TRADE CAPACITIES 7
  • Article   11.4 POINTS OF CONTACT 7
  • Article   11.5 APPEALS 7
  • Article   11.6 SETTLEMENT OF DISPUTES 7
  • Chapter   12 PUBLIC PROCUREMENT 7
  • Article   12.1 SCOPE 7
  • Article   12.2 SAFETY AND GENERAL EXCEPTIONS 7
  • Article   12.3 GENERAL PRINCIPLES 7
  • Article   12.4 PUBLICATION OF PROCUREMENT INFORMATION 7
  • Article   12.5 PUBLICATION OF NOTICES 8
  • Article   12.6 CONDITIONS FOR PARTICIPATION 8
  • Article   12.7 TECHNICAL SPECIFICATIONS AND BIDDING DOCUMENTS 8
  • Article   12.8 TIME LIMITS FOR SUBMISSION OF BIDS 8
  • Article   12.9 DIRECT CONTRACTING 8
  • Article   12.10 PROCESSING OF BIDS AND AWARD OF CONTRACTS 8
  • Article   12.11 DISCLOSURE OF INFORMATION 8
  • Article   12.12 NATIONAL REVIEW PROCEDURES 8
  • Article   12.13 MODIFICATIONS AND AMENDMENTS TO COVERAGE 9
  • Article   12.14 PARTICIPATION OF MICRO, SMALL AND MEDIUM-SIZED COMPANIES 9
  • Article   12.15 COOPERATION 9
  • Article   12.16 ADDITIONAL NEGOTIATIONS 9
  • Article   12.17 PUBLIC CONTRACTING COMMITTEE 9
  • Article   12.18 INFORMATION TECHNOLOGY 9
  • Article   12.19 ELECTRONIC AUCTIONS 9
  • Article   12.20 DEFINITIONS 9
  • Chapter   13 COMPETITION POLICY, DESIGNATED MONOPOLIES AND STATE-OWNED ENTERPRISES 9
  • Article   13.1 OBJECTIVES 9
  • Article   13.2 COMPETITION LAW AND POLICY 9
  • Article   13.3 COOPERATION 9
  • Article   13.4 CONSULTATIONS  (1) 9
  • Article   13.5 NOTIFICATIONS 9
  • Article   13.6 EXCHANGE OF INFORMATION 9
  • Article   13.7 DESIGNATED MONOPOLIES AND STATE ENTERPRISES 9
  • Article   13.8 EXCLUSION FROM THE DISPUTE SETTLEMENT MECHANISM 9
  • Article   13.9 DEFINITIONS 9
  • Chapter   14 Investment 9
  • Section   A INVESTMENT 9
  • Article   14.1 SCOPE  (1) 9
  • Article   14.2 RELATIONSHIP WITH OTHER CHAPTERS 9
  • Article   14.3 NATIONAL TREATMENT 9
  • Article   14.4 MOST-FAVORED-NATION TREATMENT 9
  • Article   14.5 MINIMUM STANDARD OF TREATMENT  (2) 9
  • Article   14.6 PERFORMANCE REQUIREMENTS 10
  • Article   14.7 SENIOR EXECUTIVES AND BOARDS OF DIRECTORS 10
  • Article   14.8 NON-CONFORMING MEASURES 10
  • Article   14.9 TRANSFERS 10
  • Article   14.10 EXPROPRIATION  (6) 10
  • Article   14.11 COMPENSATION FOR LOSSES 10
  • Article   14.12 SUBROGATION 10
  • Article   14.13 DENIAL OF BENEFITS 10
  • Article   14.14 MEASURES RELATED TO HEALTH, SAFETY, ENVIRONMENT AND LABOR RIGHTS 10
  • Article   14.15 CORPORATE SOCIAL RESPONSIBILITY 10
  • Article   14.16 SPECIAL FORMALITIES AND REPORTING REQUIREMENTS 10
  • Section   B INVESTOR-STATE DISPUTE SETTLEMENT 10
  • Article   14.17 CONSULTATIONS AND NEGOTIATION 10
  • Article   14.18 CLAIM BY AN INVESTOR OF a PARTY IN ITS OWN NAME 10
  • Article   14.19 CLAIM BY AN INVESTOR OF a PARTY ON BEHALF OF AN ENTERPRISE 10
  • Article   14.20 CONDITIONS PRECEDENT TO THE SUBMISSION OF a COMPLAINT TO THE ARBITRATION 10
  • Article   14.21 SUBMISSION OF a CLAIM TO ARBITRATION 10
  • Article   14.22 CONSENT TO ARBITRATION 11
  • Article   14.23 ARBITRATORS 11
  • Article   14.24 AGREEMENT ON APPOINTMENT OF ARBITRATORS 11
  • Article   14.25 ACCUMULATION 11
  • Article   14.26 DOCUMENTS SENT TO THE OTHER PARTY AND PARTICIPATION OF THE OTHER PARTY 11
  • Article   14.27 PLACE OF ARBITRATION 11
  • Article   14.28 PRELIMINARY OBJECTIONS 11
  • Article   14.29 PUBLIC ACCESS TO HEARINGS AND DOCUMENTS 11
  • Article   14.30 SUBMISSIONS BY a PERSON OR ENTITY THAT IS NOT a DISPUTING PARTY 11
  • Article   14.31 APPLICABLE LAW 11
  • Article   14.32 EXPERT REPORTS 11
  • Article   14.33 INTERIM MEASURES OF PROTECTION AND FINAL AWARD 11
  • Article   14.34 FINAL AWARD AND ITS ENFORCEMENT 11
  • Article   14.35 PAYMENTS RECEIVED UNDER INSURANCE OR GUARANTEE CONTRACTS 11
  • Article   14.36 EXCLUSIONS 11
  • Section   C DEFINITIONS 11
  • Article   14.37 DEFINITIONS 11
  • Annex 14-A   PAYMENTS AND CAPITAL MOVEMENTS 11
  • Annex 14-B  INDIRECT EXPROPRIATION 12
  • Annex 14-C  WRITTEN SUBMISSIONS FILED BY A PERSON OR ENTITY THAT IS NOT A DISPUTING PARTY 12
  • Annex 14-D  EXCLUSIONS 12
  • Chapter   15 CROSS-BORDER TRADE IN SERVICES 12
  • Article   15.1 SCOPE 12
  • Article   15.2 NATIONAL TREATMENT 12
  • Article   15.3 MOST-FAVORED-NATION TREATMENT 12
  • Article   15.4 MARKET ACCESS 12
  • Article   15.5 LOCAL PRESENCE 12
  • Article   15.6 NON-CONFORMING MEASURES 12
  • Article   15.7 NATIONAL REGULATIONS 12
  • Article   15.8 RECOGNITION 12
  • Article   15.9 DENIAL OF BENEFITS 12
  • Article   15.10 TRANSFERS AND PAYMENTS 12
  • Article   15.11 DEFINITIONS 12
  • Chapter   16 FINANCIAL SERVICES 12
  • Article   16.1 SCOPE 12
  • Article   16.2 NATIONAL TREATMENT 12
  • Article   16.3 MOST-FAVORED-NATION TREATMENT 12
  • Article   16.4 RIGHT OF ESTABLISHMENT 12
  • Article   16.5 CROSS-BORDER TRADE 13
  • Article   16.6 NEW FINANCIAL SERVICES 13
  • Article   16.7 TREATMENT OF CERTAIN TYPES OF INFORMATION 13
  • Article   16.8 SENIOR EXECUTIVES AND BOARDS OF DIRECTORS 13
  • Article   16.9 NON-CONFORMING MEASURES 13
  • Article   16.10 EXCEPTIONS 13
  • Article   16.11 TRANSPARENCY 13
  • Article   16.12 SELF-REGULATORY ORGANIZATIONS 13
  • Article   16.13 PAYMENT AND COMPENSATION SYSTEMS 13
  • Article   16.14 FINANCIAL SERVICES COMMITTEE 13
  • Article   16.15 CONSULTATIONS 13
  • Article   16.16 SETTLEMENT OF DISPUTES 13
  • Article   16.17 FINANCIAL SERVICES INVESTMENT DISPUTES 13
  • Article   16.18 DEFINITIONS 13
  • Annex 16-A  CROSSBORDER TRADE 13
  • Annex 16-B  AUTHORITIES RESPONSIBLE FOR FINANCIAL SERVICES 14
  • Chapter   17 SERVICES AND MARITIME TRANSPORT OF GOODS 14
  • Article   17.1 SCOPE 14
  • Article   17.2 PARTICIPATION IN TRANSPORTATION 14
  • Article   17.3 FREE TRANSFER 14
  • Article   17.4 NATIONAL TREATMENT 14
  • Article   17.5 AGENTS AND REPRESENTATIVES 14
  • Article   17.6 SURVEY OF VESSEL DOCUMENTATION 14
  • Article   17.7 RECOGNITION OF TRAVEL DOCUMENTS OF CREW MEMBERS OF a PARTY'S VESSEL 14
  • Article   17.8 JURISDICTION FOR MARITIME LABOR DISPUTES 14
  • Article   17.9 ANCILLARY MARITIME SERVICES 14
  • Article   17.10 COOPERATION 14
  • Article   17.11 POINT OF CONTACT 14
  • Article   17.12 DEFINITIONS 14
  • Chapter   18 TELECOMMUNICATIONS 14
  • Article   18.1 SCOPE 14
  • Article   18.2 ACCESS TO AND USE OF PUBLIC TELECOMMUNICATION NETWORKS AND SERVICES 14
  • Article   18.3 BEHAVIOR OF DOMINANT OR MAJOR SUPPLIERS 14
  • Article   18.4 REGULATORY AGENCY 15
  • Article   18.5 PROCEDURES RELATING TO LICENSES OR CONCESSIONS 15
  • Article   18.6 ALLOCATION AND USE OF SCARCE RESOURCES 15
  • Article   18.7 UNIVERSAL SERVICE 15
  • Article   18.8 TRANSPARENCY 15
  • Article   18.9 COMPLIANCE 15
  • Article   18.10 ABSTENTION 15
  • Article   18.11 SETTLEMENT OF DISPUTES ON TELECOMMUNICATIONS 15
  • Article   18.12 INTERNATIONAL STANDARDS AND ORGANIZATIONS 15
  • Article   18.13 RELATIONSHIP WITH OTHER CHAPTERS 15
  • Article   18.14 DEFINITIONS 15
  • Chapter   19 ELECTRONIC COMMERCE 15
  • Article   19.1 SCOPE 15
  • Article   19.2 GENERAL PROVISIONS 15
  • Article   19.3 CUSTOMS DUTIES ON DIGITAL GOODS DELIVERED ELECTRONICALLY 15
  • Article   19.4 CONSUMER PROTECTION 15
  • Article   19.5 ADMINISTRATION OF PAPERLESS COMMERCE 15
  • Article   19.6 PROTECTION OF PERSONAL INFORMATION ONLINE 15
  • Article   19.7 COOPERATION 15
  • Article   19.8 RELATIONSHIP WITH OTHER CHAPTERS 15
  • Article   19.9 DEFINITIONS 15
  • Chapter   20 TEMPORARY ENTRY OF BUSINESS PEOPLE 15
  • Article   20.1 GENERAL PRINCIPLES 15
  • Article   20.2 GENERAL OBLIGATIONS 15
  • Article   20.3 TEMPORARY ENTRY AUTHORIZATION 15
  • Article   20.4 PROVISION OF INFORMATION 15
  • Article   20.5 WORKING GROUP 15
  • Article   20.6 POINTS OF CONTACT 15
  • Article   20.7 SETTLEMENT OF DISPUTES 16
  • Article   20.8 RELATIONSHIP WITH OTHER CHAPTERS 16
  • Article   20.9 TRANSPARENCY IN THE DEVELOPMENT AND IMPLEMENTATION OF THE REGULATIONS 16
  • Article   20.10 DEFINITIONS 16
  • Annex 20-A  TEMPORARY ENTRY OF BUSINESS PEOPLE 16
  • Section   A BUSINESS VISITORS 16
  • Section   B TRADERS AND INVESTORS  (2) 16
  • Section   C INTRA-COMPANY PERSONNEL TRANSFERS  (3) 16
  • Section   D PERSONS ENGAGED IN a SPECIALTY OCCUPATION  (4) 16
  • Section   E WIVES AND DEPENDENTS 16
  • Appendix 20-A  BUSINESS VISITORS 16
  • Appendix 20-B  MIGRATORY MEASURES 16
  • Chapter   21 DISPUTE RESOLUTION 16
  • Article   21.1 COOPERATION 16
  • Article   21.2 SCOPE 16
  • Article   21.3 CHOICE OF FORUM 16
  • Article   21.4 CONSULTATIONS 16
  • Article   21.5 GOOD OFFICES, CONCILIATION AND MEDIATION 16
  • Article   21.6 ESTABLISHMENT OF a PANEL 16
  • Article   21.7 PANEL SELECTION 17
  • Article   21.8 QUALIFICATIONS OF PANELISTS 17
  • Article   21.9 MODEL RULES OF PROCEDURE 17
  • Article   21.10 PANEL REPORTS 17
  • Article   21.11 COMPLIANCE WITH THE FINAL REPORT 17
  • Article   21.12 NON-COMPLIANCE - SUSPENSION OF BENEFITS 17
  • Article   21.13 EVALUATION OF COMPLIANCE AND SUSPENSION OF BENEFITS 17
  • Article   21.14 RIGHTS OF INDIVIDUALS 17
  • Article   21.15 DEFINITIONS 17
  • Annex 21-A  NULLIFICATION OR IMPAIRMENT 17
  • Annex 21-B  MODEL RULES OF PROCEDURE 17
  • Chapter   22 TRANSPARENCY 18
  • Article   22.1 PUBLICATION 18
  • Article   22.2 NOTIFICATION AND PROVISION OF INFORMATION 18
  • Article   22.3 ADMINISTRATIVE PROCEDURES 18
  • Article   22.4 REVIEW AND CHALLENGE 18
  • Article   22.5 SPECIFIC RULES 18
  • Article   22.6 DEFINITION 18
  • Chapter   23 ADMINISTRATION OF THE AGREEMENT 18
  • Article   23.1 FREE TRADE COMMISSION 18
  • Article   23.2 AGREEMENT COORDINATORS 18
  • Annex 23-A  COMMITTEES, SUBCOMMITTEES, WORKING GROUPS, AND CONTACT POINTS COMMITTEES: 18
  • Annex 23-B  AGREEMENT COORDINATORS 18
  • Chapter   24 EXCEPTIONS 18
  • Article   24.1 GENERAL EXCEPTIONS 18
  • Article   24.2 ESSENTIAL SAFETY 18
  • Article   24.3 TAXATION 18
  • Article   24.4 BALANCE OF PAYMENTS EXCEPTION 18
  • Article   24.5 DISCLOSURE OF INFORMATION 18
  • Article   24.6 DEFINITIONS 18
  • Annex 24-A  COMPETENT AUTHORITIES 18
  • Chapter   25 FINAL PROVISIONS 18
  • Article   25.1 ANNEXES, APPENDICES AND FOOTNOTES 18
  • Article   25 AMENDMENTS 18
  • Article   25.3 FUTURE NEGOTIATIONS 18
  • Article   25.4 AMENDMENT TO THE WTO AGREEMENT 18
  • Article   25.5 RESERVATIONS 18
  • Article   25.6 ENTRY INTO FORCE AND DURATION 19
  • Article   25.7 TERMINATION 19
  • Article   25.8 PROVISIONAL APPLICATION 19
  • Article   25.9 TERMINATION OF THE PARTIAL SCOPE AGREEMENT 19
  • Annex I  EXPLANATORY NOTE 19
  • Annex I  COLOMBIA 19
  • Annex I  PANAMA 20
  • Annex II  EXPLANATORY  NOTE 22
  • Annex II  COLOMBIA 22
  • Annex II  PANAMA 23