Colombia - Panama FTA (2013)
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(a) the company must have its corporate domicile in Panama, unless an international agreement stipulates otherwise; and

(b) persons employed by the company who are responsible for supplying the services must be qualified to perform such services in Panama.

25. Sector: Telecommunications Services

Type of reservation:  Market Access (Article 15.4)

Measures: Law No. 17 of July 9, 1991. Law No. 5 of February 9, 1995. Law No. 31 of February 8, 1996. Executive Decree No. 73 of April 9, 1997 Executive Decree No. 21 of 1996. JD-025 Regulation of December 12, 1996 JD-080 Regulation of April 10, 1997 Concession Contract No. 30-A of February 5, 1997. 1996 between the State and BSC (Bell South Panama, S.A.) Concession Contract No. 309 of October 24, 1997 between the State and Cable Wireless Panama, S.A. Executive Decree No. 58 of May 12, 2008 Concession Contract No. 10-2008 of May 27, 2008. of 2008 between the State and Digicel Panama, S.A. Concession Contract No. 11-2008 of May 27, 2008 between the State and Claro Panama, S.A.

Description: Cross Border Trade in Services

Cellular mobile telephone services will be provided exclusively by four operators that have received the concession from the State.

26. Sector: Telecommunications Services

Type of Reservation:  Local Presence (Article 15.5)

Measures: Law No. 31 of February 8, 1996. Executive Decree No. 73 of April 9, 1997

Description: Cross Border Trade in Services

A telecommunication service provided directly to users in Panama may only be supplied by a person domiciled in Panama.

27. Sector: Commercial Services; Nightclubs, Bars, Pubs and Canteens.

Type of Reservation: Market Access (Article 15.4)

Measures: Law No. 5 of January 11, 2007. Executive Decree No. 26 of July 12, 2007

Description: Cross Border Trade in Services

1. No bar operating license shall be granted in any district in Panama when the number of bars existing in such district exceeds the ratio of one per one thousand inhabitants, according to the last official population census.

2. The limitation of the preceding paragraph also applies to establishments such as restaurants, cafeterias, barbecues, food service in hotels, tourist lodging establishments, when they come to have the sale of liquor as their main activity.

28. Sector: Community, Social and Personal Services

Type of Reservation: Market Access (Article 15.4) Measures: Article 297 of the 1972 Constitution

Description: Cross Border Trade in Services

Only the Panamanian State may operate games of chance or other gambling activities in Panama.

29. Sector:Communications Services

Type of Reservation: Market Access (Article 15.4)

Measures: Article 301 of the Fiscal Code of the Republic of Panama Approved Through Law No. 8 of January 27, 1956, as Amended by Law No. 20 of August 11, 1994.

Description: Cross Border Trade in Services

Only the Government of Panama may operate postal services in Panama.

30. Sector: Ports and Airports

Type of Reservation: Market Access (Article 15.4) Local Presence (Article 15.5)

Measures: Decree Law No. 7 of February 10, 1998 Law No. 23 of Jamary 29, 2003.

Description: Cross Border Trade in Services

The Executive Branch of the Government of Panama has discretion to determine the number of concessions for national ports and airports and may require the concessionaire to appoint a representative in Panama.

Annex II. EXPLANATORY  NOTE

1. A Party's Schedule indicates the reservations taken by that Party, in accordance with Articles 14.8 (Nonconforming Measures) and 15.6 (Nonconforming Measures), with respect to sectors, subsectors, or activities for which it may maintain existing measures or adopt new or more restrictive measures that are inconsistent with 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-FavoredNation 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 item(s) referred to in paragraph 1 that, by virtue of Articles 14.8 (Nonconforming Measures) and 15.6 (Nonconforming Measures), do not apply to the sectors, subsectors or activities listed in the schedule; and

(c) Description indicates the coverage of the sectors, subsectors or activities covered by the form;

3. Pursuant to Article 14.8 (Nonconforming Measures) and 15.6 (Nonconforming Measures), the Articles of this Agreement specified in the Type of Reservation element of a schedule do not apply to the sectors, subsectors and activities identified in the Description element of that schedule.

4. In the interpretation of a reservation all its elements will be considered. The Description element shall prevail over the other elements.

Annex II. COLOMBIA

1. Sector: Some Sectors.

Type of Reservation: Market Access (Article 15.4)

Description: Cross Border Trade in Services

Colombia reserves the right to adopt or maintain any measure that imposes limitations on:

(a) (a) investigation and security services;

(b) (b) research and development services;

(c) (c) the establishment of exclusive service areas for services related to the distribution of energy and fuel gas in order to guarantee the provision of universal service;

(d) (d) distribution services - wholesale and retail commercial services in sectors in which the Government establishes a monopoly, in accordance with Article 336 of the Political Constitution of Colombia, with revenues dedicated for public or social service. As of the date of signature of this Agreement, Colombia has established monopolies only with respect to liquor and gambling;

(e) (e) The requirement of a specific type of legal entity form for primary and secondary education services, and the requirement of a specific type of legal entity form for higher education services;

(f) (f) services related to the environment that are established or maintained for reasons of public interest;

(g) (g) health and social services and health-related professional services;

(h) (h) library, archives and museum services;

(i) (i) sports and other recreational services;

(j) (j) the number of concessions and the total number of operations for road passenger transport services, rail passenger and freight transport services, pipeline transport services, ancillary services in connection with all modes of transport and other transport services.

For greater certainty, no measure shall be inconsistent with Colombia's obligations under Article XVI of the GATS.

2. Sector: All sectors

Type of Reservation: National Treatment (Article 14.3)

Description: Investment

Colombia reserves the right to adopt or maintain measures related to the ownership of real estate by foreigners in the border regions, national coasts or insular territory of Colombia.

For the purposes of this entry:

(a) border region means an area two kilometers wide, parallel to the national boundary line;

(b) national coastline is an area two kilometers wide, parallel to the line of the highest tide; and

(c) insular territory means the islands, islets, cays, keys, morros and banks that are part of the territory of Colombia.

3. Sector: All Sectors

Type of Reservation: Most-Favored-Nation Treatment (Articles 14.4 and 15.3).

Description: Investment and Cross-Border Trade in Services

Colombia reserves the right to adopt or maintain any measure that grants different treatment to countries under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement.

Colombia reserves the right to adopt or maintain any measure that grants different treatment to countries under any bilateral or multilateral international agreement in force entered into after the date of entry into force of this Agreement with respect to:

a) aviation;

b) fishing;

c) maritime affairs, including salvage.

4. Sector: Social Services

Type of Reservation: National Treatment (Article 14.3 and 15.2). Most-Favored-Nation Treatment (Articles 14.4 and 15.3) Performance Requirements (Article 14.6) Senior Executives and Boards of Directors (Article 14.7) Market Access (Article 15.4) Local Presence (Article 15.5)

Description: Investment and Cross-Border Trade in Services

Colombia reserves the right to adopt or maintain any measure with respect to the application and enforcement of laws and the provision of correctional services, and of the following services to the extent that they are social services that are established or maintained in the public interest: social rehabilitation, income insurance or security, social security services, social welfare, public education and training, health and child care.

For greater certainty, the comprehensive social security system in Colombia is currently comprised of the following mandatory systems: the General Pension System, the General Social Security Health System, the General Professional Risks System and the Unemployment and Unemployment Assistance System.

5. Sector: Minority and Ethnic Group Affairs

Type of Reservation: National Treatment (Article 14.3 and 15.2). Most-Favored-Nation Treatment (Articles 14.4 and 15.3) Performance Requirements (Article 14.6) Senior Executives and Boards of Directors (Article 14.7) Market Access (Article 15.4) Local Presence (Article 15.5)

Description: Investment and Cross-Border Trade in Services

Colombia reserves the right to adopt or maintain any measure that grants rights or preferences to socially or economically disadvantaged minorities and their ethnic groups, including with respect to communal lands owned by ethnic groups in accordance with Article 63 of the Political Constitution of Colombia. The ethnic groups in Colombia are: the indigenous and ROM (gypsy) peoples, the Afro-Colombian communities and the Raizal community of the Archipelago of San Andrés, Providencia and Santa Catalina.

6. Sector: Cultural Industries and Activities

Type of Reservation: National Treatment (Articles 14.3 and 15.2). Most-Favored-Nation Treatment (Articles 14.4 and 15.3)

Description: Investment and Cross-Border Trade in Services

For the purposes of this entry, the term "cultural industries and activities" means:

(a) publication, distribution, or sale of books, magazines, periodicals, or electronic or printed newspapers, excluding the printing or typesetting of any of the foregoing;

(b) production, distribution, sale or exhibition of film or video recordings;

(c) production, distribution, sale or exhibition of musical recordings in audio or video format;

(d) production and presentation of performing arts;

(e) production or exhibition of visual arts;

(f) production, distribution or sale of printed music, or machine-readable music;

(g) design, production, distribution and sale of handicrafts;

(h) broadcasting to the general public, as well as all radio, television and activities related to cable television, satellite television and broadcasting networks; or

(i) in the advertising sector, aspects related to the creation and design of advertising content.

Colombia reserves the right to adopt or maintain any measure granting preferential treatment to persons from any other country by means of any treaty between Colombia and such country, which contains specific commitments regarding cultural cooperation or co-production, with respect to cultural industries and activities.

For greater certainty, Articles 14.3 (National Treatment) and 14.4 (Most-Favored-Nation Treatment) and Chapter 15 (Cross-Border Trade in Services) do not apply to "government support " (1) for the promotion of cultural industries and activities.

Colombia may adopt or maintain any measure that grants to a person of the other Party treatment equivalent to that granted by that other Party to Colombian persons in the audiovisual, musical or publishing sectors.

(1) For the purposes of this fact sheet, "government support" means tax incentives, incentives for the reduction of mandatory contributions, grants provided by a government, loans provided by a government, and guarantees, autonomous estates or insurance provided by a government, regardless of whether a private entity is wholly or partially responsible for the administration of the "government support".

7. Sector: Jewelry design. Performing arts. Music. Visual arts. Audiovisuals Publishing

Type of Reservation: Performance Requirements (Article 14.6) National Treatment (Article 15.2)

Description: Investment and Cross-Border Trade in Services

Colombia reserves the right to adopt or maintain any measure conditioning the receipt or continued receipt of government support (2) for the development and production of jewelry design, performing arts, music, visual arts, audiovisual and publishing on the recipient achieving a given level or percentage of domestic creative content.

(2) As defined in the footnote to tab 6.

8. Sector: Craft Industries

Type of Reservation: Performance Requirements (Article 14.6) National Treatment (Article 15.2)

Description: Investment and Cross-Border Trade in Services

Colombia reserves the right to adopt or maintain any measure related to the design, distribution, retail sale or exhibition of handicrafts identified as Colombian handicrafts. For greater certainty, performance requirements should in all cases be consistent with the WTO Agreement on Trade-Related Investment Measures.

9. Sector: Audiovisual Advertising

Type of Reservation: Performance Requirements (Article 14.6) National Treatment (Article 15.2)

Description: Investment and Cross-Border Trade in Services

Cinematographic works

(a) Colombia reserves the right to adopt or maintain any measure requiring that a specified percentage (not to exceed fifteen percent (15%) of the total number of cinematographic works shown annually in movie theaters or exhibition halls in Colombia consist of Colombian cinematographic works. In order to establish such percentages, Colombia shall take into account the conditions of national film production, the existing exhibition infrastructure in the country and the attendance averages.

Cinematographic works on free-to-air television

(b) Colombia reserves the right to adopt or maintain any measure requiring that a specified percentage (not to exceed ten percent (10%) of the total number of cinematographic works shown annually on free television channels consist of Colombian cinematographic works. In order to establish such percentage, Colombia shall take into account the availability of national cinematographic works for free television. Such works shall count as part of the domestic content requirements that apply to the channel as described in paragraph 5 of tab 20 (Open Television) of Annex I.

Community television (3)

(c) Colombia reserves the right to adopt or maintain any measure requiring that a specific portion of the weekly television programming be broadcast in a specific time period (not to exceed fifty-six (56) hours per week) consists of national programming produced by the community television operator.

Multichannel commercial free-to-air television

(d) Colombia reserves the right to impose the minimum programming requirements listed in the Open Television entry on page 24 and 25, paragraph 5 of Annex I, on multichannel commercial open television, except that these requirements may not be imposed on more than two channels or twenty-five percent (25%) of the total number of channels (whichever is greater) made available by the same provider.

Advertising

(e) Colombia reserves the right to adopt or maintain any measure requiring that a specified percentage (not to exceed twenty percent (20%) of the total advertising orders contracted annually with media services companies established in Colombia, other than newspapers, journals and subscription services headquartered outside Colombia, be produced and created in Colombia. Any such measures shall not apply to:

(i) advertising of movie premieres in theaters or exhibition halls; and

(ii) any media where the programming or content originates outside Colombia or to the rebroadcasting or retransmission of such programming within Colombia.

(3) As defined in Agreement 006 of 1999.

10. Sector: Traditional Expressions

Type of Reservation: National Treatment (Articles 14.3 and 15.2).

Description: Investment and Cross-Border Trade in Services

Colombia reserves the right to adopt or maintain any measure that grants rights or preferences to local communities with respect to the support and development of expressions related to the intangible cultural heritage declared under Resolution No. 0168 of 2005.

11. Sector: Interactive Audio and/or Video Services

Type of Reservation: Performance Requirements (Article 14.6) National Treatment (Article 14.3)

  • 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