(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.
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.
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)
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;