Colombia - Panama FTA (2013)
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(b) provide the Parties with a copy of any information or technical advice it has received pursuant to paragraph 34 and provide them with an adequate period to submit their comments.

36. When the Panel takes into consideration the information or technical advice it has received pursuant to paragraph 34 in preparing its report, it shall also take into consideration any comments or observations submitted by the disputing Parties with respect to such information or technical advice.

Language

37. Unless otherwise agreed by the Parties, the proceedings of the Panel shall be conducted in Spanish. The foregoing applies to oral and written submissions.

38. The initial and final reports of the Panel will be issued in Spanish.

Chapter 22. TRANSPARENCY

Article 22.1. PUBLICATION

1. Each Party shall ensure, to the extent permitted by its law, that its laws, regulations, procedures and administrative rulings of general application relating to any matter covered by this Agreement are promptly published, to the extent practicable, or otherwise made available for the information of interested persons and of the other Party.

2. To the extent possible, each Party:

(a) publish in advance any measure, referred to in paragraph 1, which it intends to adopt; and

(b) give interested persons and the other Party a reasonable opportunity to comment on the proposed measures.

Article 22.2. NOTIFICATION AND PROVISION OF INFORMATION

1. Each Party shall notify the other Party, to the extent practicable, of any existing or proposed measures that the Party believes could materially affect the operation of this Agreement, or otherwise materially affect the interests of the other Party under this Agreement.

2. A Party shall, upon request of the other Party, provide information and promptly respond to its questions concerning any measure in force or proposed, whether or not the other Party has been previously notified of such measure.

3. Any notification or provision of information referred to in this Article shall be made without prejudice to whether or not the measure is compatible with this Agreement.

Article 22.3. ADMINISTRATIVE PROCEDURES

In order to administer in a consistent, impartial and reasonable manner all measures of general application affecting matters covered by this Agreement, each Party shall ensure that, in its administrative procedures applying the measures referred to in Article 22.1 with respect to particular persons, goods or services of the other Party in specific cases:

(a) whenever possible, persons of the other Party who are directly affected by a proceeding shall, in accordance with domestic provisions, be given reasonable notice of the institution of the proceeding, including a description of its nature, a statement of the legal basis under which the proceeding is instituted, and a general description of all issues in dispute;

(b) when time, the nature of the proceeding and the public interest permit, such persons are given a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action; and

(c) its procedures are in accordance with the laws of that Party.

Article 22.4. REVIEW AND CHALLENGE

1. Each Party shall establish or maintain courts or tribunals or procedures of a judicial or administrative nature for the purpose of the prompt review and, where warranted, correction of final administrative actions relating to matters covered by this Agreement. Such tribunals shall be impartial and not connected with the administrative enforcement agency or authority, and shall have no substantial interest in the outcome of the matter.

2. Each Party shall ensure that, before such courts or in such proceedings, the parties have the right to:

(a) a reasonable opportunity to support or defend their respective positions; and

(b) a decision based on the evidence and submissions or, in cases where required by law, on the record compiled by the administrative authority.

3. Each Party shall ensure, subject to challenge or further review as provided in its law, that such rulings are implemented by, and govern the practice of, the agency or authority with respect to the administrative action that is the subject of the decision.

Article 22.5. SPECIFIC RULES

The provisions of this Chapter are without prejudice to the specific rules established in other Chapters of this Agreement.

Article 22.6. DEFINITION

For the purposes of this Chapter:

administrative ruling of general application means an administrative ruling or interpretation that applies to all persons and facts generally within its scope and that establishes a standard of

conduct, but does not include:

(a) a determination or ruling made in an administrative proceeding that applies to particular persons, goods or services of the other Party, in a specific case; or

(b) a resolution that decides with respect to a particular act or practice.

Chapter 23. ADMINISTRATION OF THE AGREEMENT

Article 23.1. FREE TRADE COMMISSION

1. The Parties establish the Free Trade Commission, composed of representatives of each Party, which shall be chaired by both the Minister of Commerce, Industry and Tourism of the Republic of Colombia and the Minister of Commerce and Industries of the Republic of Panama, or their successors. The Ministers may be represented by persons designated by them.

2. The Commission shall have the following functions:

(a) supervise the implementation of this Agreement;

(b) to review the general operation of this Agreement;

(c) supervise the work of the Committees, Subcommittees and Working Groups, established in accordance with this Agreement, which are listed in Annex 23-A;

(d) consider any other matter that may affect the operation of this Agreement.

3. The Commission may:

(a) to establish new Committees, Subcommittees and Working Groups and to adopt the necessary measures for their operation;

(b) delegate responsibilities to Committees, Subcommittees and Working Groups;

(c) modify:

(i) the deadlines set forth in Annex 2-B (Tariff Elimination), in order to accelerate tariff elimination or tariff elimination;

(ii) the Schedule of goods of a Party to Annex 2-B (Tariff Elimination) for the purpose of incorporating one or more goods excluded from such Schedules;

(iii) the rules of origin established in Annex 3-A (Specific Rules of Origin);

(iv) the Uniform Regulations, Annexes 3-B (Certificates of Origin), 3-C (Instructions for Completing the Certificate of Origin), 3-D (Third Country Goods) and 4-A (Technical Cooperation and Mutual Administrative Assistance in Customs Matters);

(v) the list of entities referred to in Annex 12-A (Government Procurement);

(vi) the Model Rules of Procedure set forth in Annex 21-B and the Code of Conduct referred to in Article 21.8 (d);

(d) seek the advice of non-governmental individuals or groups, when it deems it appropriate;

(e) issue interpretations of the provisions of this Agreement;

(f) analyze any proposed amendments to this Agreement and make the respective recommendation to the Parties;

(g) examine the impacts of the benefits of this Agreement on small and medium-sized enterprises; and

(h) if agreed by the Parties, take any other action in the exercise of its functions.

4. The modifications referred to in subparagraph 3(c) shall be subject to compliance with the domestic legal procedures of each Party.

5. The Commission shall establish its own rules of procedure and its decisions shall be adopted by consensus of the Parties.

6. The Commission shall meet at least once a year at an ordinary meeting, or at the written request of any of the Parties. Unless otherwise agreed by the Parties, the regular meetings of the Commission shall be chaired successively by each Party and shall be held alternately in the territory of each Party or by any available technological means.

7. Each Party shall handle any confidential information exchanged at the sessions, within the framework of the Commission, on the same basis as the Party providing the information.

Article 23.2. AGREEMENT COORDINATORS

1. Each Party shall designate an Agreement Coordinator in accordance with Annex 23-B and notify the other Party within 60 days of the entry into force of this Agreement.

2. The Agreement Coordinators, jointly, shall:

(a) recommend to the Commission the creation of the bodies referred to in Art. 23.1.3 (a) that they deem necessary;

(b) coordinate preparations for the Commission's meetings;

(c) to follow up on the decisions adopted by the Commission, as appropriate; (d) act as a point of contact, receive notifications and information within its competence and facilitate communication between the Parties on any matter covered by this Agreement; (e) consider any other matters that may affect the operation of this Agreement as directed by the Commission.

3. Each Party may request in writing, at any time, that a meeting of the Coordinators be held to discuss specific issues. Such meeting shall be held within 30 days of receipt of the request.

Annex 23-A. COMMITTEES, SUBCOMMITTEES, WORKING GROUPS, AND CONTACT POINTS COMMITTEES:

(a) Committee on Trade in Goods (Art. 2.16);

(b) Committee on Rules and Procedures of Origin, Trade Facilitation, Technical Cooperation and Mutual Assistance in Customs Matters (Art. 4.13);

(c) Committee on Sanitary and Phytosanitary Measures (Art. 5.9);

(d) Committee on Technical Barriers to Trade (Art. 6.10);

(e) Intellectual Property Committee (Art. 8.11);

(f) Joint Committee on Environmental Matters (Art. 9.7);

(g) Joint Labor Affairs Committee (Art. 9.7);

(h) Public Contracting Committee (Art. 12.17);

(i) Financial Services Committee (Art. 16. 14).

SUBCOMMITTEE:

(a) Agricultural Subcommittee (Art. 2.15)

WORKING GROUPS:

(a) Sanitary and Phytosanitary Measures: Ad hoc Working Group (Art. 5.5);

(b) Sanitary and Phytosanitary Measures: Ad hoc Working Group (Art. 5.7) (c) Temporary Entry of Business Persons: Working Group (Art. 20.5).

CONTACT POINTS:

(a) Chapter Sanitary and Phytosanitary Measures: Point of Contact (Annex 5- B);

(b) Chapter Technical Barriers to Trade: Points of Contact (Annex 6-A);

(c) Environmental Chapter: National Contact Point (Art. 9.8);

(d) Labor Chapter: National Contact Point (Art.10.6);

(e) Chapter Cooperation and Trade Capacity Building: Contact Point (Art. 11.4);

(f) Chapter Customs Administration and Trade Facilitation: Contact Points for Annex 4-A (Article 14);

(g) Chapter Services and Maritime Transport: Points of Contact on Maritime Services (Art.17.11);

(h) Chapter Temporary Entry of Business Persons: Points of Contact (Art. 20.6).

Annex 23-B. AGREEMENT COORDINATORS

The Coordinating Bodies of each Party shall be:

(a) in the case of the Republic of Colombia, the agency designated by the Vice Minister of Foreign Trade;

(b) in the case of the Republic of Panama, the agency designated by the Office of International Trade Negotiations of the Ministry of Commerce and Industries;

or their successors.

Chapter 24. EXCEPTIONS

Article 24.1. GENERAL EXCEPTIONS

1. For the purposes of Chapter 2 (National Treatment and Market Access for Goods), Chapter 3 (Rules of Origin and Origin Procedures), Chapter 4 (Customs Administration and Trade Facilitation), Chapter 5 (Sanitary and Phytosanitary Measures) and Chapter 6 (Technical Barriers to Trade), Article XX of GATT 1994 and its interpretative notes are incorporated into this Agreement and form an integral part thereof mutatis mutandis. The Parties understand that the measures referred to in Article XX(b) of GATT 1994 include environmental measures necessary to protect human, animal or plant life or health, and that Article XX(g) of GATT 1994 applies to measures relating to the conservation of living or non-living exhaustible natural resources.

2. For the purposes of Chapter 14 (Investment), Chapter 15 (Cross-Border Trade in Services), Chapter 16 (Financial Services), Chapter 18 (Telecommunications), Chapter 19 (Electronic Commerce) and Chapter 20 (Temporary Entry of Business Persons), Article XIV of the GATS (including its footnotes) is incorporated into and made part of this Agreement mutatis mutandis. The Parties understand that the measures referred to in Article XIV(b) of the GATS include environmental measures necessary to protect human, animal or plant life or health.

3. The Parties understand that nothing in this Agreement shall be construed to prevent a Party from adopting or maintaining measures designed to preserve public order, provided that such measure is not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination.

Article 24.2. ESSENTIAL SAFETY

Nothing in this Agreement shall be construed to mean:

(a) oblige a Party to provide or give access to information the disclosure of which it considers contrary to its essential security interests; or

(b) prevent a Party from taking measures it considers necessary to protect its essential security interests:

(i) to fissile materials or those used for their manufacture;

(ii) to the traffic in arms, ammunition and war material, and to all trade in other articles and material intended directly or indirectly to ensure the supply of the armed forces;

(iii) to those applied in time of war or in case of serious international tension; or

(c) prevent a Party from taking measures in fulfillment of its obligations under the Charter of the United Nations for the maintenance of international peace and security.

Article 24.3. TAXATION

1. Except as provided in this Article, nothing in this Agreement shall apply to taxation measures.

2. This Agreement shall only confer rights or impose obligations with respect to taxation measures by virtue of corresponding rights or obligations granted or imposed under Article II of GATT 1994 and, with respect to services, under Articles I and XIV(d), including their footnotes, of the GATS, where applicable.

3. Nothing in this Agreement shall affect the rights and obligations of the Parties arising under any tax treaty in force between the Parties. In the event of any inconsistency between this Agreement and any such agreement, the agreement shall prevail to the extent of the inconsistency. In the case of a tax treaty between the Parties, the competent authorities under such treaty shall have sole responsibility for determining whether there is an inconsistency between this Agreement and such treaty.

Article 24.4. BALANCE OF PAYMENTS EXCEPTION

1. If a Party is experiencing, or is threatened with, serious balance of payments and external financial difficulties, or is threatened with such difficulties, it may adopt or maintain restrictive measures with respect to trade in goods and services and with respect to payments and capital movements, including those related to direct investment.

2. The Parties shall endeavor to avoid the application of the restrictive measures referred to in paragraph 1.

3. Restrictive measures adopted or maintained under this Article shall be non- discriminatory and of limited duration and shall not go beyond what is necessary to remedy the external balance of payments and financial situation. They shall be in accordance with the terms of the WTO Agreements and consistent with the Articles of Agreement of the International Monetary Fund, as appropriate.

4. The Party that maintains or has adopted restrictive measures, or any modification thereof, shall inform the other Party without delay and shall present, as soon as possible, a timetable for their elimination.

5. The Party applying restrictive measures shall initiate consultations without delay within the framework of Article 23.1 (Free Trade Commission). These consultations shall assess, the situation of balance of payments of that Party and the restrictions adopted or maintained under this Article, taking into account, inter alia, such factors as:

(a) the nature and extent of external financial and balance of payments difficulties;

(b) the external economic and trade environment of the Party subject to the consultations; and

(c) other possible corrective measures that may be used.

6. The consultations shall examine the conformity of any restrictive measures with paragraphs 3 and 4. Any statistical or other findings of fact presented by the International Monetary Fund on exchange, monetary reserves and balance of payments matters shall be accepted, and conclusions shall be based on the Fund's assessment of the external financial and balance of payments situation of the Party subject to the consultations.

Article 24.5. DISCLOSURE OF INFORMATION

Nothing in this Agreement shall be construed to require a Party to furnish or allow access to confidential information to the other Party the disclosure of which would impede the enforcement of its laws or which would be contrary to the public interest, or which would prejudice the legitimate commercial interest of public, joint or private enterprises.

Article 24.6. DEFINITIONS

For the purposes of this Chapter:

tax convention means a convention for the avoidance of double taxation or other international tax convention or arrangement; and

tax measures do not include a:

(a) a customs duty, as defined in Article 1.6 (Definitions of General Application); or

(b) the measures listed in subparagraphs (b) and (c) of the aforementioned definition of customs tariff.

Annex 24-A. COMPETENT AUTHORITIES

For the purposes of this Chapter:

competent authorities means:

(a) for the Republic of Colombia The Legal Advisory Office of the Ministry of Finance and Public Credit; and

(b) for the Republic of Panama The National Revenue Authority,

or their successors.

Chapter 25. FINAL PROVISIONS

Article 25.1. ANNEXES, APPENDICES AND FOOTNOTES

The Annexes, Appendices and footnotes to this Agreement are an integral part of this Agreement.

Article 25. AMENDMENTS

1. The Parties may agree on any amendment or addition to this Agreement.

2. When the amendment or addition is agreed and approved in accordance with the legal procedures of each Party, such amendment shall constitute an integral part of this Agreement and shall enter into force in accordance with Article 25.6, unless the Parties agree on a different time period.

Article 25.3. FUTURE NEGOTIATIONS

The parties agree that it is in their interest to deepen their trade relations through the development of this Agreement, For that purpose, they shall decide, on a mutually agreed basis, to initiate a process of negotiation within five years of the date of entry into force of this Agreement, and to this end shall decide on a mutually agreeable basis to initiate a process of negotiation within five years of the date of entry into force of this Agreement. entry into force of this Agreement to broaden and deepen market access conditions.

Article 25.4. AMENDMENT TO THE WTO AGREEMENT

If any provision of the WTO Agreement that the Parties have incorporated into this Agreement is amended, the Parties shall consult with a view to assessing the need to modify the provisions of this Agreement accordingly.

Article 25.5. RESERVATIONS

This Agreement shall not be subject to reservations.

  • 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