Colombia - Panama FTA (2013)
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(e) all those that contribute to the adequate implementation of this Chapter.

5. Each Party may request its labor and business organizations, as well as its non- governmental organizations related to labor issues, or other organizations it deems appropriate, to give their opinion on the Program of Cooperative Activities, and may incorporate them in the implementation of said Program.

Article 10.5. INSTITUTIONAL PROVISIONS

1. The Parties establish a Joint Labor Affairs Committee, composed of high-level officials from the competent labor authorities of the Parties.

2. The Committee shall be responsible for:

(a) develop and implement the Program of Cooperation Activities and its execution schedule, in accordance with the areas and modalities previously defined, and those that may be subsequently agreed upon;

(b) review and evaluate the results of the cooperative activities and the operability of this Chapter, and make recommendations as appropriate;

(c) serve as a forum for dialogue on labor issues of common interest;

(d) issue recommendations in relation to the consultations submitted to its consideration on the interpretation and application of this Chapter;

(e) inform the Commission established in Article 23.1 (Free Trade Commission) of the results of its work and decisions for its information; and

(f) to perform any other function entrusted to it by the Parties.

3. The Parties by mutual agreement shall invite labor experts to advise and provide specific input to the Committee.

4. The decisions of the Committee shall be adopted by consensus.

5. The Committee shall meet within six months of the entry into force of this Agreement. Thereafter, the meetings shall be held once a year, unless otherwise agreed by the Parties, to follow up on the fulfillment of its functions, as indicated in paragraph 2.

Article 10.6. NATIONAL POINT OF CONTACT

1. For the purposes of this Chapter, the Parties designate the following National Contact Points:

(a) Republic of Colombia: Ministry of Labor;

(b) Republic of Panama: Ministry of Labor and Labor Development;

or their successors.

2. The National Contact Point of a Party shall serve as a liaison for consultations and requests in labor matters made by the other Party, and for the exchange of the corresponding information.

Article 10.7. CONSULTATIONS

1. The Parties undertake to follow the principles of dialogue, good faith, cooperation and consensus on any matter related to this Chapter.

2. If any question arises as to the application and interpretation of this Chapter, a Party may request consultations with the other Party by sending a written request to the Contact Point that the other Party has designated in accordance with Article 10.6.

3. Following written communication to the National Contact Point, if the Parties are unable to resolve the matter, the matter may be dealt with in the Joint Committee referred to in Article

4. At all times, the Parties shall endeavor to reach a mutually satisfactory solution.

Article 10.8. DEFINITIONS

For the purposes of this Chapter:

national labor law means laws, regulations or provisions of the Parties, which are directly related to the following internationally recognized rights:

(a)right of association;

(b) right to organize and bargain collectively;

(c) elimination of all forms of forced or compulsory labor;

(d) minimum age for the employment of children and adolescents, and the prohibition and elimination of the worst forms of child labor; or

(e) elimination of discrimination in respect of employment and occupation, including equal remuneration.

Chapter 11. COOPERATION AND TRADE CAPACITY BUILDING

Article 11.1. OBJECTIVES

The Parties shall strengthen their cooperation for the purpose of:

(a) create new opportunities for trade and investment through trade and institutional capacity building;

(b) strengthen and build upon existing cooperative relationships in areas to which the Parties agree, such as energy and technical and scientific cooperation, among others; and

(c) to promote, in accordance with the purposes contemplated in this Agreement,

the signing of inter-institutional agreements between governmental institutions, research centers, universities, public and private companies and other organizations of the respective countries, which allow the development of specific topics of interest to the Parties.

Article 11.2. SCOPE

1. The Parties establish the guidelines for trade cooperation, in order to expand and increase the benefits of this Agreement.

2. In order to contribute to the achievement of the objectives and principles of this Agreement, the Parties reaffirm the importance of all forms of cooperation, with emphasis on strengthening trade and institutional capacities.

3. Cooperation may be extended to other areas to be agreed between the Parties, as well as to cooperation needs that have been identified in other Chapters of this Agreement.

4. The Parties shall contribute to the achievement of the objectives of this Agreement by identifying and developing innovative cooperation activities, projects and programs capable of adding value to their relations.

5. Cooperation projects and activities will be formulated and carried out, taking into consideration:

(a) the economic, environmental, geographic, social and cultural situation of the Parties, as well as their legal systems;

(b) national priorities agreed upon by the Parties;

(c) the advisability of not duplicating existing cooperation actions, seeking their complementarity and articulation; and

(d) existing cooperation mechanisms.

Article 11.3. COOPERATION IN STRENGTHENING TRADE CAPACITIES

1. The objective of economic cooperation shall be to facilitate trade and investment between the Parties and to promote the relations of their economic agents, with special emphasis on small and medium-sized enterprises.

2. In order to fulfill the objective indicated in paragraph 1, the Parties shall encourage and facilitate, as appropriate, especially the following activities:

(a) exchange information;

(b) develop projects aimed at strengthening the commercial and institutional capacity of the Parties;

(c) facilitate and support business visits and trade missions in accordance with the competence of the agencies involved;

(d) support dialogue and exchange of experiences and best practices among the different agencies involved in trade promotion issues; and

(e) to promote business development > with special emphasis on small and medium-sized enterprises. small and medium-sized enterprises.

Article 11.4. POINTS OF CONTACT

1. The Contact Points shall be responsible for channeling all those projects and/or activities related to trade capacity building. For the specific activities, programs and/or projects mentioned in other Chapters of this Agreement, the contact points defined therein shall be maintained.

2. In relation to the applications submitted in the respective country, the Contact Point will have the following functions:

(a) receive and verify the relationship of the applications received with this Agreement;

(b) forward the request to the Contact Point of the other Party;

(c) follow up on the request; and (d) transmit the response to the interested party.

3 In relation to requests submitted by the other Party, the Contact Point shall have the  following functions:

(a) channel the request to the appropriate authority;

(b) follow up on the request; and

(c) transmit the response to the other Party.

4. The Parties' Points of Contact are:

(a) for the Republic of Colombia:

Sectorial Planning Office

Ministry of Commerce, Industry and Tourism Calle 28 # 13A - 15, floor 5 Bogota D.C., Republic of Colombia Tel: (571) 6067676

Fax: (571) 6067519

email: athorsberg@mincit.gov.co; and

(b) for the Republic of Panama:

Directorate of Treaty Administration and Trade Defense of the Office of International Trade Negotiations

Ministry of Commerce and Industry

Plaza Edison, Ricardo J. Alfaro Ave., El Paical, Second Floor Panama, Republic of Panama

Tel: (507) 560-0610

Fax: (507) 560-0618

email: apineda@mici.gob.pa dinatradec@mici.gob.pa;

or their successors.

Article 11.5. APPEALS

With a view to contributing to the fulfillment of the cooperation objectives established in this Agreement, the Parties undertake, within the limits of their own capabilities, to allocate resources for the appropriate development of the jointly identified cooperation actions. These resources may be provided, among others, by international agencies or third countries.

Article 11.6. SETTLEMENT OF DISPUTES

No Party shall have recourse to the dispute settlement mechanism established in Chapter 21 of this Agreement to resolve matters arising out of the application or interpretation of this Chapter.

Chapter 12. PUBLIC PROCUREMENT

Article 12.1. SCOPE

Application of the Chapter

1. This Chapter applies to measures adopted or maintained by a Party relating to government procurement by the procuring entities listed by each Party in Sections A through C of Annex 12-A to this Chapter:

(a) by any contractual means, including purchase, lease or rental, financial or otherwise, with or without option to purchase, and public works concession contracts; 

(b) whose value estimated in accordance with paragraph 5 is equal to or greater than the corresponding threshold value specified in each Party's Annexes to this Chapter; and subject to the conditions of the Annexes to this Chapter of each Party.

2. This Chapter does not apply to:

(a) (a) the acquisition or lease of land, existing real estate or other real property or rights thereon;

(b) (b) non-contractual arrangements or any form of assistance provided by a Party, including its state-owned enterprises, including grants, loans, capital transfers, tax incentives, subsidies, guarantees or cooperative agreements;

(c) (c) the provision by the government of goods or services to an individual or sub- national government;

(d) (d) purchases made for the specific purpose of providing assistance abroad;

(e) (e) purchases financed by grants, loans or other forms of international assistance, if the provision of such assistance is subject to conditions incompatible with this Chapter;

(f) (f) the procurement or acquisition of fiscal agency services or depository services, settlement and administration services for regulated financial institutions, or services related to the sale, redemption and placement of public debt, including loans, government bonds, notes and other securities. This Chapter does not apply to the procurement of banking, financial or specialized services related to the:

(i) acquisition of public debt, or

(ii) public debt management;

(g) hiring of officials, public servants and related measures; or

(h) procurement by a State entity or enterprise from another State entity or enterprise of the same Party.

3. Nothing in this Chapter shall prevent a Party from developing new policies, procedures or means of procurement, provided that they are consistent with this Chapter.

4. When a procuring entity awards a contract that is not covered by this Chapter, the goods and services that are part of that contract shall not be covered by this Chapter.

Valuation

5. To calculate the value of a procurement for the purpose of determining whether it is a procurement covered by this Chapter, the procuring entity:

(a) shall not split a procurement into separate procurements or select or use a particular valuation method to calculate the value of the procurement with the intent to exclude it in whole or in part from the application of this Chapter;

(b) shall include the total estimated maximum value of the procurement for its entire duration, regardless of whether it is awarded to one or several suppliers, taking into account all forms of remuneration, including:

(i) premiums, fees, commissions and interest and other income streams, when applicable according to the type of contract;

(ii) where the procurement provides for the possibility of including option clauses, the value of the procurement including optional purchases; and

(c) base its calculations of the maximum total value of the procurement on the total duration of the procurement, when the procurement is in several parts, with contracts awarded simultaneously or successively to one or more suppliers.

Article 12.2. SAFETY AND GENERAL EXCEPTIONS

1. Nothing in this Chapter shall prevent a Party from taking action or refraining from disclosing information when it considers it necessary to protect its essential security interests in connection with procurement in any of the following cases:

(a) of arms, ammunition or war material;

(b) indispensable for national security; or

(c) acquisition for national defense purposes.

2. Provided that a measure is not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination between the Parties, if the same conditions prevail ora disguised restriction on trade between the Parties, nothing in this Chapter shall prevent a Party from adopting or maintaining a measure:

(a) necessary to protect morals, public order or national security;

(b) necessary to protect human, animal or plant life and health;

(c) necessary to protect intellectual property; or

(d) related to goods or services of disabled persons, charitable institutions or persons under prison labor regime.

3. The Parties understand that paragraph 2(b) includes environmental measures necessary to protect human, animal or plant life or health.

Article 12.3. GENERAL PRINCIPLES

National Treatment and Non-Discrimination

1. With respect to measures relating to government procurement covered by this Chapter, each Party shall accord immediately and unconditionally to goods and services of the other Party, and to suppliers of the other Party offering such goods or services, treatment no less favorable than the most favorable treatment accorded by that Party to its own goods, services and suppliers.

2. With respect to any measure relating to government procurement covered by this Chapter, a Party may not:

(a) giving a locally established supplier less favorable treatment than another locally established supplier because of the degree of foreign affiliation or ownership of each; or

(b) discriminate against a locally established supplier on the basis that the goods or services offered by that supplier for a particular procurement are goods or services of the other Party.

Conduct of Contracting

3. A procuring entity shall conduct procurement covered by this Chapter in a transparent and impartial manner that:

(a) is compatible with this Chapter;

(b) avoid conflicts of interest; and

(c) prevent corrupt practices.

Bidding Procedures

4. Procuring entities shall use competitive or selective bidding procedures, except in the circumstances set forth in Article 12.9.

Rules of Origin

5. With respect to the procurement of goods covered by this Chapter, each Party shall apply the rules of origin that it applies to such goods in the normal course of trade.

Compensation

6. No Party, including its procuring entities, shall seek, contemplate, impose or require any compensation at any stage of a procurement covered by this Chapter.

Non-Specific Measures of Public Procurement

7. Paragraphs 1 and 2 shall not apply to:

(a) customs duties and charges of any kind imposed on or in connection with importation; the method of collection of such duties and charges;

(b) other regulatory provision or import formality; or

(c) nor to measures affecting trade in services, other than measures governing government procurement covered by this Chapter.

Article 12.4. PUBLICATION OF PROCUREMENT INFORMATION

1. Each Part:

(a) publish in a timely manner all laws, regulations, judicial decisions,  administrative decisions of general application and procedures related to procurement covered by this Chapter, as well as any amendments thereto, in an officially designated electronic or printed medium that is widely disseminated and easily accessible to the public; and

(b) upon request of the other Party, provide an explanation of the measures set out in subparagraph (a).

2. Article 22.1 (Transparency) does not apply to measures required to be published under paragraph 1(a).

  • 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