Colombia - Panama FTA (2013)
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Article 25.6. ENTRY INTO FORCE AND DURATION

This Agreement shall be of indefinite duration and shall enter into force 30 days after the date of receipt of the last written notice from the Parties certifying that all internal legal requirements have been complied with or such other period as the Parties may agree.

Article 25.7. TERMINATION

1. This Agreement may be terminated by either Party by written notice addressed to the other Party.

2. Termination shall take effect 180 days after receipt of the notice by the other Party, notwithstanding that the Parties may agree on a different date.

Article 25.8. PROVISIONAL APPLICATION

1. Notwithstanding the provisions of Article 25.6, the Republic of Colombia may provisionally apply this Agreement in accordance with its constitutional requirements, from the date of signature until the time of its entry into force, in accordance with Article 25.6. Provisional application shall also cease at such time as the Republic of Colombia notifies the Republic of Panama of its intention not to become a Party to this Agreement or of its intention to suspend provisional application.

2. The provisional application of this Agreement shall be notified to the other Party and shall commence as of the first day of the first month following such notification.

Article 25.9. TERMINATION OF THE PARTIAL SCOPE AGREEMENT

With respect to the "Partial Scope Agreement signed under Article 25 of the Treaty of Montevideo of 1980 between the Republic of Panama and the Republic of Colombia" signed on July 9, 1993, hereinafter referred to as the AAP.A25TM N°29, the Parties agree as follows:

1. The Parties understand that the entry into force of the present Agreement does not entail the termination of AAP.A25TM N° 29.

2. AAP.A25TM N° 29 shall continue to apply as long as the preferences contained in AAP.A25TM N° 29 are more favorable than those resulting from the application of the Tariff Elimination Program of this Agreement.

3. Importers may benefit from the preferences contained in AAP.A25TM N° 29 during the period in which said agreement continues to be applied.

4. The Parties may agree to terminate AAP.A25TM No. 29 when the preferences contained in such agreement are equal to or less favorable than those resulting from the application of the Tariff Elimination Program of this Agreement.

Conclusion

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement in two equally authentic copies.

DONE in the city of Panama, on the 20th day of September, 2013.

FOR THE GOVERNMENT THE REPUBLIC OF PANAMA

FOR THE GOVERNMENT OF OF THE REPUBLIC OF COLOMBIA

Attachments

Annex I. EXPLANATORY NOTE

1. The Schedule of a Party to this Annex sets forth, in accordance with Articles 14.8 (Non-Conforming Measures) and 15.6 (Non-Conforming Measures), a Party's existing measures that are not subject to some or all of the obligations imposed by:

(a) Articles 14.3 (National Treatment) or 15.2 (National Treatment);

(b) Articles 14.4 (Most-Favored-Nation Treatment) or 15.3 (Most-Favored- Nation Treatment);

(c) Article 14.6 (Performance Requirements); (d) = Article 14.7 (Senior Executives and Boards of Directors); (e) Article 15.4 (Market Access); or (f) Article 15.5 (Local Presence). 2. Each tab of the List establishes the following elements: (a) Sector refers to the sector for which the record has been made;

(b) Type of Reservation specifies the obligation(s) referred to in paragraph 1 which, under Articles 14.8 (Non-Conforming Measures) and 14.9 (Non- Conforming Measures), are not covered by the obligation(s) referred to in paragraph 1.

15.6 (Nonconforming Measures), do not apply to nonconforming aspects of the law, regulation, or other measure, as provided in paragraph 3;

(c) Measures identifies the laws, regulations or other measures for which the record has been made. A measure cited in the Measures element:

(i) means the measure as amended, continued or renewed, as of the date of entry into force of this Agreement; and

(ii) includes any action subordinate to, adopted or maintained under the authority of and consistent with such action; and

(d) Description sets out the liberalization commitments, if any, at the date of entry into force of this Agreement and the remaining non-conforming aspects of the existing measures on which the record has been made.

3. In interpreting a fiche of the List, all elements of the fiche shall be considered. A fiche shall be interpreted in the light of the relevant obligations of the Chapters in respect of which the fiche has been made. To the extent that:

(a) the Measures element is qualified by a liberalization commitment of the Description element, the Measures element so qualified shall prevail over any other element; and

(b) the Measures element is not qualified, the Measures element shall prevail over any other element, except where any discrepancy between the Measures element and the other elements considered as a whole is so substantial and material that it would be unreasonable to conclude that the Measures element should prevail, in which case, the other elements shall prevail to the extent of the discrepancy.

4. Pursuant to Articles 14.8 (Nonconforming Measures) and 15.6 (Nonconforming Measures), the Articles of this Agreement specified in the Type of Reservation clement of a tab do not apply to the law, regulation or other measure identified in the Measures element of that tab.

5. Where a Party maintains a measure requiring a service supplier to be a national, permanent resident or resident in its territory as a condition for the supply of a service in its territory, a Schedule entry made for that measure in relation to Articles 15.2 (National Treatment), 15.3 (Most-Favored-Nation Treatment) or 15.5 (Local Presence) shall operate as a Schedule entry in relation to Articles 14.3 (National Treatment), 14.4 (Most- Favored-Nation Treatment) or 14.6 (Performance Requirements) with respect to such measure.

Annex I. COLOMBIA

1. Sector: All Sectors

Type of reservation: Local Presence (Article 15.5)

Measures: Code of Commerce, 1971, Articles 469, 471 and 474.

Description: Cross Border Trade in Services

A legal person incorporated under the laws of another country and having its principal place of business in another country must be established as a branch or other legal form in Colombia to develop a concession obtained from the Colombian State.

2. Sector: All Sectors

Type of reservation: National Treatment (Article 9.04)

Measures: Decree 2080 of 2000, Articles 26 and 27.

Description: Investment

Foreign investors may make portfolio investments in securities in Colombia only through an Administrator.

3. Sector: All Sectors

Type of reservation: National Treatment (Article 14.3) Senior Executives and Boards of Directors (Article 14.7)

Measures: As set forth in the Description element, including Law 226 of 1995, Arts. 3 and 11.

Description: Investment

Colombia, in selling or disposing of its equity interests or the assets of an existing state enterprise or governmental entity, may prohibit or impose limitations on the ownership of such interests or assets, and on the ability of the owners of such interests or assets to control any resulting enterprise, by Panamanian or non-Party investors or their investments. With respect to such sale or other disposition, Colombia may adopt or maintain any measure relating to the nationality of senior executives or members of the board of directors.

Relevant existing legislation related to this non-conforming measure includes Law 226 of 1995. In that sense, if the Colombian State decides to sell all or part of its participation in an enterprise to a person other than another Colombian State enterprise or other Colombian governmental entity it shall first offer such participation on an exclusive basis and in accordance with the conditions set forth in Article 11 of Law 226 of 1995, to:

(a) cutrent employees, pensioners and former employees (other than former employees terminated with just cause) of the company and other companies owned or controlled by that company;

(b) associations of employees or former employees of the company;

(c) labor unions; (d) federations and confederations of workers' unions;

(e) employee funds;

(f) severance and pension funds; and (g) cooperative entities (1).

However, once such interest has been transferred or sold, Colombia does not reserve the right to control subsequent transfers or other sales of such interest.

For the purposes of this sheet:

(a) any measure maintained or adopted after the date of entry into force of this Agreement which, at the time of sale or other disposition, prohibits or imposes limitations on the ownership of equity interests or assets, or imposes nationality requirements described in this tab, shall be deemed to be an existing measure; and

(b) "State enterprise" means an enterprise owned or controlled through ownership rights by Colombia and includes an enterprise established after the date of entry into force of this Agreement solely for the purpose of selling or disposing of equity interests in, or the assets of, an existing State enterprise or governmental entity.

(1) For greater certainty, Law 454 of 1998 establishes the types of cooperative entities that exist in Colombia. These are "savings and credit cooperatives", "financial cooperatives" and "multi-active or integral cooperatives".

4. Sector: All Sectors

Type of reservation: Local Presence (Article 15.5)

Measures: Law 915 of 2004, Article 5

Description: Cross Border Trade in Services

Only a person with its principal place of business in the Free Port of San Andres, Providencia and Santa Catalina can provide services in this region.

For greater certainty, this measure does not affect the cross- border supply of services as defined in Article 15.11 (Definitions).

5. Sector: Accounting Services

Type of reservation: National Treatment (Article 15.2) Local Presence (Article 15.5).

Measures: Law 43 of 1990, Article 3 Paragraph 1. Resolution No. 160 of 2004, Article 2 paragraph, and Article 6

Description: Cross Border Trade in Services

Only persons registered with the Central Board of Accountants may practice as accountants. A foreigner must have been domiciled in Colombia uninterruptedly for at least three years prior to the application for registration and demonstrate accounting experience in the territory of Colombia for at least one year. This experience may be acquired simultaneously or subsequent to the public accounting studies.

For natural persons, the term "domiciled" means being a resident and having the intention to remain in Colombia.

6. Sector: Research and Development Services

Type of reservation: National Treatment (Article 15.2)

Measures: Decree 309 of 2000, Article 7

Description: Cross Border Trade in Services

Any foreign person planning to carry out scientific research on biological diversity in the territory of Colombia must involve at least one Colombian researcher in the research or in the analysis of its results.

For greater certainty, this measure does not require or prohibit foreign persons and Colombian researchers from reaching an agreement regarding rights with respect to scientific research or analysis.

7. Sector: Fisheries and Fisheries-Related Services

Type of reservation: National Treatment (Articles 14.3 and 15.2). Most-Favored-Nation Treatment (Article 14.4) Market Access (Article 15.4)

Measures: Decree 2256 of 1991, Articles 27, 28 and 67 Agreement 005 of 2003, Section II and VII.

Description: Investment and Cross-Border Trade in Services

Only Colombian nationals may engage in artisanal fishing.

A foreign flag vessel may obtain a permit and engage in fishing and related activities in Colombian territorial waters only in association with a Colombian company holding a permit. In this case, the value of the permit and the fishing patent are higher for foreign flag vessels than for Colombian flag vessels.

If the flag of a foreign flag vessel corresponds to a country that is party to another bilateral agreement with Colombia, the terms of that other bilateral agreement will determine whether or not the requirement to associate with a Colombian company holding the permit applies.

8. Sector: Services Directly Related to the Exploration and Exploitation of Minerals and Hydrocarbons.

Type of reservation: Local Presence (Article 15.5)

Measures: Law 685 of 2001, Articles 19 and 20. Legislative Decree 1056 of 1953, Article 10 Commercial Code, 1971, Articles 471 and 474.

Description: Cross Border Trade in Services

In order to provide services directly related to the exploration and exploitation of minerals and hydrocarbons in Colombia, any legal person incorporated under the laws of another country must establish a branch, subsidiary or affiliate in Colombia.

For greater certainty, this tab does not apply to service providers involved in such services for less than one year.

9. Sector: Surveillance and Private Security Services

Type of reservation: National Treatment (Articles 14.3 and 15.2). Market Access (Article 15.4) Local Presence (Article 15.5)

Measures: Decree 356 of 1994, Articles 8, 12, 23 and 25.

Description: Investment and Cross-Border Trade in Services

Only a company organized under Colombian law as a limited liability company or as private security and surveillance cooperatives (1) may provide private security and surveillance services in Colombia. The partners or members of these companies must be Colombian nationals.

Companies incorporated prior to February 11, 1994 with foreign partners or capital may not increase the participation of foreign partners. Cooperatives incorporated prior to this date may retain their legal nature.

(1) Article 23 of Decree 356 of 1994 defines a "private security and surveillance cooperative" as a non-profit associative company in which the workers are simultaneously the contributors and managers of the company, created for the purpose of providing private security and surveillance services, and related services, on a paid basis.

10. Sector: Journalism

Type of reservation: Senior Executives and Boards of Directors (Article 14.7) 

Measures: Law 29 of 1944, Article 13

Description: Investment

The director or general manager of any newspaper published in Colombia that deals with national politics must be a Colombian national.

11. Sector: Travel and Tourism Agents

Type of reservation: National Treatment (Article 15.2) Local Presence (Article 15.5).

Measures: Law 32 of 1990, Article 5 Decree 502 of 1997, Articles 1 to 7

Description: Cross Border Trade in Services

Foreigners must be domiciled in Colombia to provide travel and tourism agent services within the territory of Colombia.

For greater certainty, this sheet does not apply to services provided by tourist guides, nor does it affect the cross- border supply of services as defined in Article 15.11 (Definitions).

12. Sector: Notary and Registry Services

Type of reservation: National Treatment (Article 15.2) Market Access (Article 15.4)

Measures: Decree Law 960 of 1970, Articles 123, 124, 126, 127 and. 132 Decree Law 1250 of 1970, Article 60

Description: Cross Border Trade in Services

Only Colombian nationals may be Notaries and/or Registrars.

The establishment of new notary offices is subject to an economic needs test that considers the population of the area of interest, service needs and communication facilities, among other factors.

13. Sector: Public Utilities

Type of reservation: National Treatment (Article 14.3) Market Access (Article 15.4) Local Presence (Article 15.5)

Measures: Law 142 of 1994, Articles 1, 17, 18, 19 and 23 Code of Commerce, Articles 471 and 472.

Description: Investment and Cross-Border Trade in Services

A domiciliary public utilities company must be established under the regime of "Empresas de Servicios Publicos" or "E.S.P.", must be domiciled in Colombia and legally constituted under Colombian law as a joint stock company. The requirement to be organized as a joint stock company does not apply in the case of decentralized entities that take the form of an industrial and commercial enterprise of the State.

For the purposes of this entry, domiciliary public utilities comprise the provision of water, sewage, sanitation, electric power and fuel gas distribution services, basic public switched telephone services (TPBC) and their complementary activities. For basic public switched telephony services, complementary activities means public long distance telephony and mobile telephony in the rural sector, but does not include commercial mobile services.

In public bidding processes carried out under the same conditions for all participants, to grant concessions or licenses for the provision of domiciliary public services for organized local communities, the companies where these communities have a majority will be preferred over any other equal offer.

14. Sector: Electric Power

Type of reservation: Market Access (Article 15.4)

Measures:  Law 143 of 1994, Article 74

Description: Cross Border Trade in Services

Only companies legally incorporated in Colombia prior to July 12, 1994 may engage in the business of commercialization and transmission of electric energy or engage in more than one of the following activities at the same time: generation, distribution and transmission of electric energy. For greater certainty, a company legally incorporated in Colombia may not carry out the activity of commercialization and transmission of electric energy.

15. Sector: Customs Services

Type of reservation: Local Presence (Article 15.5)

Measures: Decree 2685 of 1999, Articles 74 and 76.

Description: Cross Border Trade in Services

To perform customs brokerage activities, brokerage for postal and specialized courier services (2) (including express shipments), warehousing of goods, transportation of goods under customs control, international freight forwarder, and act as Permanent Customs Users or Highly Exporters, a person must be domiciled in Colombia or have a representative domiciled and legally responsible for its activities in Colombia.

(2) "Specialized courier service" means the type of postal service provided independently of the official national and international postal networks, which requires the application and adoption of special procedures for the reception, collection and personalized delivery of mail and other postal items, transported by surface or air, within and from the territory of Colombia.

16. Sector: Postal and Specialized Courier Services.

  • 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