Central America Republics - Korea, Republic of FTA (2018)
Previous page Next page

1. A Party may request consultations with the other Party regarding any matter arising under this Agreement that affects financial services. The other Party shall give sympathetic consideration to the request. The Parties shall report the results of their consultations to the Committee.

2. Consultations under this Article shall include officials of the authorities specified in Annex 11-B.

3. Nothing in this Article shall be construed to require regulatory authorities participating in consultations under paragraph 1 to disclose information or take any action that would interfere with specific regulatory, supervisory, administrative, or enforcement matters.

4. Nothing in this Article shall be construed to require a Party to derogate from its relevant law regarding sharing of information among financial regulators or the requirements of an agreement or arrangement between financial authorities of the Parties.

Article 11.18. DISPUTE SETTLEMENT

1. Section A (Dispute Settlement) of Chapter 22 (Dispute Settlement) shall apply as modified by this Article to the settlement of disputes arising under this Chapter.

2. When a Party claims that a dispute arises under this Chapter, Article 22.7 (Establishment of Panel) shall apply, except that:

(a) where the Parties so agree, the panel shall be composed entirely of panelists meeting the qualifications in paragraph 3; and

(b) in any other case,

(i) each Party may select panelists meeting the qualifications set out in paragraph 3 or in Article 22.7.12 (Establishment of a Panel); and

(ii) if the Party complained against invokes Article 11.10, the chair of the panel shall meet the qualifications set out in paragraph 3, unless the Parties otherwise agree.

3. Financial services panelists shall:

(a) have expertise or experience in financial services law or practice, which may include the regulation of financial institutions;

(b) be chosen strictly on the basis of objectivity, reliability, and sound judgment;

(c) be independent of, and not be affiliated with or take instructions from, a disputing Party; and

(d) comply with the code of conduct to be established by the Joint Committee.

4. Notwithstanding Article 22.13 (Non-Implementation and Suspension of Benefits), where a panel finds a measure to be inconsistent with this Agreement and the measure under dispute affects:

(a) only the financial services sector, the complaining Party may suspend benefits only in the financial services sector;

(b) the financial services sector and any other sector, the complaining Party may suspend benefits in the financial services sector that have an effect equivalent to the effect of the measure in the Party’s financial services sector; or

(c) only a sector other than the financial services sector, the complaining Party shall not suspend benefits in the financial services sector.

Article 11.19. INVESTMENT DISPUTES IN FINANCIAL SERVICES

1. Where an investor of a Party submits a claim under Section B (Investor-State Dispute Settlement) of Chapter 9 (Investment) against the other Party and the respondent invokes Article 11.10, on request of the respondent, the tribunal shall refer the matter in writing to the Committee for a decision. The tribunal may not proceed pending receipt of a decision or report under this Article.

2. In a referral pursuant to paragraph 1, the Committee shall decide the issue of whether and to what extent Article 11.10 is a valid defense to the claim of the investor. The Committee shall transmit a copy of its decision to the tribunal and to the Joint Committee. The decision shall be binding on the tribunal.

3. Where the Committee has not decided the issue within 60 days of the receipt of the referral under paragraph 1, the respondent or the Party of the claimant may request the establishment of an arbitral panel under Article 22.7 (Establishment of Panel). The panel shall be constituted in accordance with Article 11.18. The panel shall transmit its final report to the Committee and to the tribunal. The report shall be binding on the tribunal.

4. The Committee may decide that, for the purposes of a referral pursuant to paragraph 1, the financial services authorities of the relevant Parties shall make the decision described in paragraph 2 and transmit that decision to the tribunal and the Joint Committee. In that case, a request may be made under paragraph 3 if the relevant Parties have not made the decision described in paragraph 2 within 60 days of their receipt of the referral under paragraph 1.

5. Where no request for the establishment of a panel pursuant to paragraph 3 has been made within 10 days of the expiration of the 60-day period referred to in paragraph 3, the tribunal may proceed to decide the matter.

6. For the purposes of this Article, tribunal means a tribunal established under Article 9.20 (Selection of Arbitrators).

Article 11.20. DEFINITIONS

For the purposes of this Chapter:

cross-border financial service supplier of a Party means a person of a Party that is engaged in the business of supplying a financial service within the territory of the Party and that seeks to supply or supplies a financial service through the cross-border supply of such services;

cross-border trade in financial services or cross-border supply of financial services means the supply of a financial service:

(a) from the territory of a Party into the territory of the other Party;

(b) in the territory of a Party by a person of that Party to a person of the other Party; or

(c) by a national of a Party in the territory of the other Party, but does not include the supply of a financial service in the territory of a Party by an investment in that territory;

financial institution means any financial intermediary or other enterprise that is authorized to do business and regulated or supervised as a financial institution under the law of the Party in whose territory it is located;

financial institution of the other Party means a financial institution, including a branch, located in the territory of a Party that is controlled by persons of the other Party;

financial service means any service of a financial nature. Financial services include all insurance and insurance-related services, and all banking and other financial services (excluding insurance), as well as services incidental or auxiliary to a service of a financial nature. Financial services include the following activities:

Insurance and insurance-related services

(a) direct insurance (including co-insurance):

(i) life,

(ii) non-life;

(b) reinsurance and retrocession;

(c) insurance intermediation, such as brokerage and agency; and

(d) services auxiliary to insurance, such as consultancy, actuarial, risk assessment, and claim settlement services;

Banking and other financial services (excluding insurance)

(e) acceptance of deposits and other repayable funds from the public;

(f) lending of all types, including consumer credit, mortgage credit, factoring, and financing of commercial transactions;

(g) financial leasing;

(h) all payment and money transmission services, including credit, charge and debit cards, travelers checks, and bankers drafts;

(i) guarantees and commitments;

(j) trading for own account or for account of customers, whether on an exchange, in an over-the-counter market, or otherwise, the following:

(i) money market instruments (including checks, bills, certificates of deposits);

(ii) foreign exchange;

(iii) derivative products including, but not limited to, futures and options;

(iv) exchange rate and interest rate instruments, including products such as swaps, forward rate agreements;

(v) transferable securities;

(vi) other negotiable instruments and financial assets, including bullion;

(k) participation in issues of all kinds of securities, including underwriting and placement as agent (whether publicly or privately) and provision of services related to such issues; 

(l) money broking;

(m) asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial, depository, and trust services;

(n) settlement and clearing services for financial assets, including securities, derivative products, and other negotiable instruments;

(o) provision and transfer of financial information, and financial data processing and related software by suppliers of other financial services; and

(p) advisory, intermediation, and other auxiliary financial services on all the activities listed in subparagraphs (e) through (o), including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy;

financial service supplier of a Party means a person of a Party that is engaged in the business of supplying a financial service within the territory of that Party;

investment means “investment” as defined in Article 9.29 (Definitions), except that, with respect to “loans” and “debt instruments” referred to in that Article:

(a) a loan to or debt instrument issued by a financial institution is an investment only where it is treated as regulatory capital by the Party in whose territory the financial institution is located; and

(b) a loan granted by or debt instrument owned by a financial institution, other than a loan to or debt instrument issued by a financial institution referred to in subparagraph (a), is not an investment;

for greater certainty, a loan granted by or debt instrument owned by a cross-border financial service supplier, other than a loan to or debt instrument issued by a financial institution, is an investment for the purposes of Chapter 9 (Investment), if such loan or debt instrument meets the criteria for investments set out in Article 9.29 (Definitions);

investor of a Party means a Party or state enterprise thereof, or a person of a Party, that attempts to make, is making, or has made an investment in the territory of the other Party;

provided, however, that a natural person who is a dual national shall be deemed to be exclusively a national of the State of his or her dominant and effective nationality;

new financial service means a financial service not supplied in the Party’s territory that is supplied within the territory of the other Party, and includes any new form of delivery of a financial service or the sale of a financial product that is not sold in the Party’s territory;

person of a Party means “person of a Party” as defined in Article 1.6 (Definitions) and,  for greater certainty, does not include a branch of an enterprise of a non-Party;

public entity means a central bank or monetary authority of a Party, or any financial institution owned or controlled by a Party; and

self-regulatory organization means any non-governmental body, including any securities or futures exchange or market, clearing agency, or other organization or association, that exercises regulatory or supervisory authority over financial service suppliers or financial institutions.

Chapter 12. TEMPORARY ENTRY FOR BUSINESS PERSONS

Article 12.1. GENERAL PRINCIPLES

1. This Chapter reflects the preferential trading relationship between the Parties, the Parties' mutual desire of facilitating temporary entry for business persons in accordance with their legislation and the provisions in Annex 12-A and of establishing transparent criteria and procedures for temporary entry for business persons as well as the need to ensure border security and to protect the domestic labor force and permanent employment in their respective territories.

2. This Chapter shall not apply to measures affecting natural persons of a Party seeking access to the employment market of the other Party, nor shall it apply to measures regarding citizenship, nationality, permanent residence, or employment on a permanent basis.

3. Nothing in this Chapter or any other provision of this Agreement shall be construed to prevent a Party from applying measures to regulate the entry of natural persons of the other Party into, or their temporary stay in its territory, including those measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across its borders, provided that such measures are not applied in such a manner as to unduly nullify or impair the benefits accruing to the other Party under the terms of specific categories in Annex 12-A.

4. The sole fact of requiring a visa to natural persons shall not be considered to nullify or impair the provisions of this Agreement.

Article 12.2. GENERAL OBLIGATIONS

Each Party shall apply its measures related to this Chapter in accordance with Article 12.1 and, in particular, shall apply those measures so as to avoid unduly impairing or delaying trade in goods or services or conduct of investment activities under this Agreement.

Article 12.3. GRANT OF TEMPORARY ENTRY

1. Each Party shall grant temporary entry to business persons who comply with immigration measures applicable to temporary entry and other related measures, such as those related to public health and safety and national security, in accordance with this Chapter.

2. Temporary entry granted pursuant to this Chapter shall not replace the requirements demanded to carry out a profession or an activity according to the specific laws and regulations in force in the territory of the Party authorizing the temporary entry.

3. A Party may refuse to issue an immigration document authorizing employment to a business person in accordance with its legislation where the temporary entry of that person might adversely affect:

(a) the settlement of any labor dispute underway at the place or intended place of employment; or

(b) the employment of any person who is involved in such dispute.

Article 12.4. PROVISION OF INFORMATION

1. Further to Article 18.1 (Publication), each Party shall:

(a) provide to the other Party such materials as will enable the other Party to become acquainted with its measures relating to this Chapter; and

(b) no later than six months after the date of entry into force of this Agreement, prepare, publish, and make available, explanatory material regarding the requirements for temporary entry of business persons under this Chapter.

2. Each Party shall collect, maintain and, upon request, make available to the other Party, in accordance with its legislation, the information regarding the granting of temporary entry under this Chapter to business persons of the other Party who have been issued immigration documentation, including specific data for each authorized category.

3. The contact points (1) shall be in charge of exchanging the information referred to in this Article.

 (1) For the Republics of Central America, the contact points are those referred to in Article 21.3 (Contact Points).

Article 12.5. DISPUTE SETTLEMENT

1. A Party may not initiate proceedings under Article 22.4 (Consultations), regarding a denial to grant temporary entry under this Chapter or a particular case arising under Article

12.2, unless:

(a) the matter involves a pattern of practice; and

(b) the affected business person has exhausted the available administrative proceedings regarding that particular matter, in accordance with the legislation of the denying Party.

2. The remedies referred to in paragraph 1(b) shall be deemed to be exhausted if a final determination in the matter has not been issued by the competent authority within one yearof the institution of an administrative proceeding, and the failure to issue a determination is not attributable to delay caused by the business person.

Article 12.6. COOPERATION

Taking into consideration the principles set forth in Article 12.1, the Parties shall endeavor as far as possible to:

(a) cooperate to strengthen the institutional capacity and promote technical assistance between the immigration authorities; and

(b) exchange information and experiences on regulations and implementation of programs and technology in the context of immigration matters, including those related to the use of biometric technology, advanced information systems for passengers, frequent flyer programs and security in travel documents.

Article 12.7. WORKING GROUP

1. The Parties hereby establish a Working Group on Temporary Entry of Business Persons (hereinafter referred to as the “Working Group”), comprising representatives of each Party, including immigration officials and contact points, in accordance with paragraph 3.

2. The Working Group shall meet, when necessary, to consider matters pertaining to this Chapter, such as:

(a) the implementation and administration of this Chapter;

(b) the establishment of procedures for the exchange of information on measures affecting the temporary entry under this Chapter;

(c) the development of measures to further facilitate temporary entry of business persons; and

(d) any other measures of mutual interest related to this Chapter.

3. The Working Group shall be comprised of:

(a) for Korea, a representative from Visa and Residence Division in Ministry of Justice;

(b) for Costa Rica, representatives from the Ministry of Foreign Trade (Ministerio de Comercio Exterior de Costa Rica), the Ministry of Work and Social Security (Ministerio de Trabajo y Seguridad Social) and the General Directorate of Migrations and Foreigners (Dirección General de Migración y Extranjería);

(c) for El Salvador, representatives from the Trade Agreements Administration Bureau of the Ministry of Economy (Dirección de Administración de Tratados Comerciales del Ministerio de Economía), General Directorate of Migration and Inmigration (Dirección General de Migración y Extranjería) and the Ministry of Labor (Ministerio de Trabajo);

(d) for Honduras, representatives from the Directorate General of Administration and Negotiation of Agreements of the Secretary of State in the Office of Economic Development, National Institute of Migration (Dirección General de Administración y Negociación de Tratados de la Secretaría de Estado en el Despacho de Desarrollo Económico, Instituto Nacional de Migración), and Secretary of State in the Office of Labor and Social Security (Secretaría de Estado en el Despacho de Trabajo y Seguridad Social);

(e) for Nicaragua, representatives from the Ministry of Development, Industry and Trade (Ministerio de Fomento, Industria y Comercio), General Directorate of Migration and Inmigration (Dirección General de Migración y Extranjería), and the Ministry of Labor (Ministerio del Trabajo); and

(f) for Panama, representatives from the National Immigration Service (Servicio Nacional de Migración) through the Office of International Trade Negotiations of the Ministry of Commerce and Industries (Oficina de Negociaciones Comerciales Internacionales del Ministerio de Comercio e Industrias), or their successors.

Subsection 12.8. RELATION TO OTHER CHAPTERS

1. Nothing in this Agreement shall impose any obligation on a Party regarding its immigration measures except as provided in this Chapter and Chapters 1 (Initial Provisions and General Definitions), 18 (Transparency), 21 (Institutional Provisions), 22 (Dispute Settlement), 23 (Exceptions), and 24 (Final Provisions).

2. Nothing in this Chapter shall be construed to impose obligations or commitments with respect to other Chapters of this Agreement.

Article 12.9. DEFINITIONS

For the purposes of this Chapter:

business activities means legitimate commercial activities undertaken and operated for the purpose of obtaining profits in the market, but not including the possibility of obtaining employment, wages or remuneration from a labor source in the territory of a Party granting the temporary entry;

business person means a national of a Party who is engaged in trade of goods, the supply of services, or the conduct of investment activities;

executive means a person who shall have the following basic responsibilities:

(a) managing the administration of the organization, or of a relevant component, or function within it;

(b) establishing the policies and objectives of the organization, components or function; and

(c) receiving supervision or general direction only from executives in a higher level, the board of directors or the administrative council of the organization or its shareholders;

manager means a person who shall have the following basic responsibilities:

(a) directing the organization or a department or sub-division of the organization;

(b) supervising and controlling the work of other professional employees, supervisors, or managers;

(c) having the authority to hire and dismiss or to recommend these actions, and to undertake other actions related to the management of the personnel directly supervised by this person, and to perform senior functions within the organizational hierarchy or functions related to his position; and

(d) performing discretionary actions related to the ordinary operation of the functions over which this person has authority;

pattern of practice means a practice repeatedly carried out by the immigration authorities of a Party during a representative period immediately before the execution of such practice;

specialist means a person who possesses specialized knowledge of the enterprise’s products or services and its application in international markets, or an advanced level of expertise or knowledge of the enterprise’s process and procedures; and

temporary entry means entry into the territory of a Party by a business person of the other Party without the intention to establish permanent residence.

Chapter 13. TELECOMMUNICATION (1)

(1) In place of the obligations established in this Chapter, Costa Rica shall undertake the obligations set out in Annex 13-C.

Article 13.1. SCOPE

1. This Chapter shall apply to:

(a) measures adopted or maintained by a Party relating to access to and use of public telecommunications services;

(b) measures adopted or maintained by a Party relating to obligations of suppliers of public telecommunications services;

(c) other measures adopted or maintained by a Party relating to public telecommunications networks or services; and

(d) measures adopted or maintained by a Party relating to the supply of information services.

2. Except to ensure that an enterprise operating a broadcast station or cable system has continued access to and use of public telecommunications services, this Chapter shall not apply to any measure adopted or maintained by a Party relating to broadcast or cable distribution of radio or television programming.

3. Nothing in this Chapter shall be construed to:

(a) require a Party, or require a Party to compel any enterprise, to establish, construct, acquire, lease, operate, or provide telecommunications networks or services not offered to the public generally;

(b) require a Party to compel any enterprise exclusively engaged in the broadcast or cable distribution of radio or television programming to make available its broadcast or cable facilities as a public telecommunications network; or

  • Chapter   1 INITIAL PROVISIONS AND GENERAL DEFINITIONS 1
  • Section   A Initial Provisions 1
  • Article   1.1 ESTABLISHMENT OF A FREE TRADE AREA 1
  • Article   1.2 OBJECTIVES 1
  • Article   1.3 RELATION TO OTHER AGREEMENTS 1
  • Article   1.4 EXTENT OF OBLIGATIONS 1
  • Article   1.5 SCOPE 1
  • Section   B General Definitions 1
  • Article   1.6 DEFINITIONS 1
  • Chapter   2 NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS 1
  • Article   2.1 SCOPE 1
  • Section   A National Treatment 1
  • Article   2.2 NATIONAL TREATMENT 1
  • Section   B Elimination of Customs Duties 1
  • Article   2.3 CLASSIFICATION OF GOODS 1
  • Article   2.4 ELIMINATION OF CUSTOMS DUTIES 1
  • Section   C Special Regimes 1
  • Article   2.5 WAIVER OF CUSTOMS DUTIES 1
  • Article   2.6 TEMPORARY ADMISSION OF GOODS 1
  • Article   2.7 GOODS RE-ENTERED AFTER REPAIR OR ALTERATION 1
  • Article   2.8 DUTY-FREE ENTRY OF COMMERCIAL SAMPLES OF NEGLIGIBLE VALUE AND PRINTED ADVERTISING MATERIALS 1
  • Section   D Non-Tariff Measures 1
  • Article   2.9 IMPORT AND EXPORT RESTRICTIONS 1
  • Article   2.10 IMPORT LICENSING 2
  • Article   2.11 ADMINISTRATIVE FEES AND FORMALITIES 2
  • Article   2.12 EXPORT DUTIES, TAXES, OR OTHER CHARGES 2
  • Article   2.13 STATE TRADING ENTERPRISES 2
  • Article   2.14 TRADE RELATED NON-TARIFF MEASURES 2
  • Article   2.15 TARIFF RATE QUOTA (TRQ) ADMINISTRATION 2
  • Section   E Institutional Provisions 2
  • Article   2.16 COMMITTEE ON TRADE IN GOODS 2
  • Section   F Definitions 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 WHOLLY OBTAINED OR PRODUCED GOODS 2
  • Article   3.3 REGIONAL VALUE CONTENT (RVC) 2
  • Article   3.4 INTERMEDIATE MATERIALS 2
  • Article   3.5 NON-QUALIFYING OPERATIONS 2
  • Article   3.6 ACCUMULATION. 2
  • Article   3.7 DE MINIMIS 2
  • Article   3.8 FUNGIBLE GOODS OR MATERIALS 2
  • Article   3.9 SETS 2
  • Article   3.10 ACCESSORIES, SPARE PARTS, AND TOOLS 2
  • Article   3.11 PACKAGING MATERIALS AND CONTAINERS FOR RETAIL SALE 3
  • Article   3.12 PACKING MATERIALS AND CONTAINERS FOR SHIPMENT 3
  • Article   3.13 INDIRECT MATERIALS 3
  • Article   3.14 DIRECT TRANSPORT 3
  • Article   3.15 OUTWARD PROCESSING 3
  • Article   3.16 RE-EXPORTATION OF GOODS (4)  3
  • Section   B Origin Procedures 3
  • Article   3.17 CERTIFICATE OF ORIGIN 3
  • Article   3.18 WAIVER OF CERTIFICATE OF ORIGIN 3
  • Article   3.19 VALIDITY OF CERTIFICATE OF ORIGIN 3
  • Article   3.20 CLAIMS FOR PREFERENTIAL TARIFF TREATMENT 3
  • Article   3.21 POST-IMPORTATION CLAIMS FOR PREFERENTIAL TARIFF TREATMENT 3
  • Article   3.22 RECORD KEEPING REQUIREMENTS 3
  • Article   3.23 DISCREPANCIES AND FORMAL ERRORS 3
  • Article   3.24 VERIFICATION 3
  • Article   3.25 DENIAL OF PREFERENTIAL TARIFF TREATMENT 3
  • Article   3.26 UNIFORM REGULATIONS 3
  • Article   3.27 THIRD COUNTRY INVOICING 3
  • Article   3.28 DEFINITIONS 3
  • Chapter   4 CUSTOMS PROCEDURES AND TRADE FACILITATION 4
  • Article   4.1 PUBLICATION 4
  • Article   4.2 RELEASE OF GOODS 4
  • Article   4.3 AUTOMATION 4
  • Article   4.4 RISK MANAGEMENT 4
  • Article   4.5 COOPERATION 4
  • Article   4.6 AUTHORIZED ECONOMIC OPERATOR 4
  • Article   4.7 CONFIDENTIALITY 4
  • Article   4.8 EXPRESS SHIPMENTS 4
  • Article   4.9 REVIEW AND APPEAL 4
  • Article   4.10 PENALTIES 4
  • Article   4.11 ADVANCE RULINGS 4
  • Article   4.12 MUTUAL ADMINISTRATIVE ASSISTANCE IN CUSTOMS MATTERS 4
  • Article   4.13 COMMITTEE ON RULES OF ORIGIN AND ORIGIN PROCEDURES, AND CUSTOMS PROCEDURES AND TRADE FACILITATION 4
  • Article   4.14 TECHNICAL CONSULTATION 4
  • Chapter   5 SANITARY AND PHYTOSANITARY MEASURES 4
  • Article   5.1 OBJECTIVES 4
  • Article   5.2 SCOPE 4
  • Article   5.3 RIGHTS AND OBLIGATIONS 4
  • Article   5.4 COOPERATION 4
  • Article   5.5 INFORMATION EXCHANGE 4
  • Article   5.6 COMMITTEE ON SANITARY AND PHYTOSANITARY MATTERS 4
  • Article   5.7 DISPUTE SETTLEMENT 4
  • Chapter   6 TECHNICAL BARRIERS TO TRADE 4
  • Article   6.1 OBJECTIVES 4
  • Article   6.2 GENERAL PROVISION 5
  • Article   6.3 DEFINITIONS 5
  • Article   6.4 SCOPE 5
  • Article   6.5 INTERNATIONAL STANDARDS 5
  • Article   6.6 TECHNICAL REGULATIONS 5
  • Article   6.7 CONFORMITY ASSESSMENT PROCEDURES 5
  • Article   6.8 TRANSPARENCY 5
  • Article   6.9 COOPERATION 5
  • Article   6.10 MARKING AND LABELING 5
  • Article   6.11 BORDER CONTROL AND MARKET SURVEILLANCE 5
  • Article   6.12 COMMITTEE ON TECHNICAL BARRIERS TO TRADE 5
  • Article   6.13 INFORMATION EXCHANGE 5
  • Chapter   7 TRADE REMEDIES 5
  • Section   A Safeguard Measures 5
  • Article   7.1 APPLICATION OF A BILATERAL SAFEGUARD MEASURE 5
  • Article   7.2 CONDITIONS AND LIMITATIONS 5
  • Article   7.3 PROVISIONAL MEASURES 5
  • Article   7.4 COMPENSATION 5
  • Article   7.5 PROCEDURAL RULES 5
  • Article   7.6 GLOBAL SAFEGUARD MEASURES 5
  • Section   B Anti-Dumping and Countervailing Duties 5
  • Article   7.7 GENERAL PROVISIONS 5
  • Article   7.8 NOTIFICATION AND CONSULTATION 5
  • Article   7.9 (2) 5
  • Article   7.10 LESSER DUTY RULE 5
  • Article   7.11 CONSIDERATION OF PUBLIC INTERESTS 5
  • Article   7.12 HEARING 5
  • Article   7.13 INVESTIGATION AFTER TERMINATION RESULTING FROM A REVIEW 6
  • Article   7.14 DISPUTE SETTLEMENT 6
  • Section   C Definitions 6
  • Article   7.15 DEFINITIONS 6
  • Chapter   8 GOVERNMENT PROCUREMENT 6
  • Article   8.1 GENERAL PROVISIONS 6
  • Article   8.2 SCOPE 6
  • Article   8.3 EXCEPTIONS 6
  • Article   8.4 GENERAL PRINCIPLES 6
  • Article   8.5 PUBLICATION OF PROCUREMENT INFORMATION AND MEASURES 6
  • Article   8.6 NOTICES 6
  • Article   8.7 CONDITIONS FOR PARTICIPATION 6
  • Article   8.8 REGISTRATION AND QUALIFICATION OF SUPPLIERS 6
  • Article   8.9 TIME PERIODS 6
  • Article   8.10 INFORMATION ON INTENDED PROCUREMENTS 6
  • Article   8.11 LIMITED TENDERING 7
  • Article   8.12 ELECTRONIC AUCTIONS 7
  • Article   8.13 NEGOTIATION 7
  • Article   8.14 TREATMENT OF TENDERS AND AWARDING OF CONTRACTS 7
  • Article   8.15 POST-AWARD INFORMATION 7
  • Article   8.16 DOMESTIC REVIEW PROCEDURES 7
  • Article   8.17 MICRO, SMALL, AND MEDIUM ENTERPRISES’ PARTICIPATION 7
  • Article   8.18 COOPERATION AND TECHNICAL ASSISTANCE ON GOVERNMENT PROCUREMENT 7
  • Article   8.19 RECTIFICATIONS AND MODIFICATIONS TO COVERAGE 7
  • Article   8.20 COMMITTEE ON GOVERNMENT PROCUREMENT 7
  • Article   8.21 DEFINITIONS 7
  • Chapter   9 Investment 8
  • Section   A Investment 8
  • Article   9.1 Scope 8
  • Article   9.2 RELATION TO OTHER CHAPTERS 8
  • Article   9.3 NATIONAL TREATMENT 8
  • Article   9.4 MOST-FAVORED-NATION TREATMENT (1) 8
  • Article   9.5 MINIMUM STANDARD OF TREATMENT (2) 8
  • Article   9.6 LOSSES AND COMPENSATION 8
  • Article   9.7 EXPROPRIATION AND COMPENSATION (3) 8
  • Article   9.8 TRANSFERS 8
  • Article   9.9 PERFORMANCE REQUIREMENTS 8
  • Article   9.10 SENIOR MANAGEMENT AND BOARDS OF DIRECTORS 8
  • Article   9.11 INVESTMENT AND ENVIRONMENT 8
  • Article   9.12 DENIAL OF BENEFITS 8
  • Article   9.13 NON-CONFORMING MEASURES 8
  • Article   9.14 SPECIAL FORMALITIES AND INFORMATION REQUIREMENTS 8
  • Article   9.15 SUBROGATION 8
  • Section   B Investor-State Dispute Settlement 8
  • Article   9.16 CONSULTATION AND NEGOTIATION 8
  • Article   9.17 SUBMISSION OF A CLAIM TO ARBITRATION 8
  • Article   9.18 CONSENT OF EACH PARTY TO ARBITRATION 9
  • Article   9.19 CONDITIONS AND LIMITATIONS ON CONSENT OF EACH PARTY 9
  • Article   9.20 SELECTION OF ARBITRATORS 9
  • Article   9.21 CONDUCT OF THE ARBITRATION 9
  • Article   9.22 TRANSPARENCY OF ARBITRAL PROCEEDINGS 9
  • Article   9.23 GOVERNING LAW 9
  • Article   9.24 INTERPRETATION OF ANNEXES 9
  • Article   9.25 EXPERT REPORTS 9
  • Article   9.26 CONSOLIDATION 9
  • Article   9.27 AWARDS 9
  • Article   9.28 SERVICE OF DOCUMENTS 9
  • Section   C Definitions 9
  • Article   9.29 DEFINITIONS 9
  • Section   D Termination of Bilateral Investment Treaties 10
  • Article   9.30 TERMINATION OF BILATERAL INVESTMENT TREATIES 10
  • Annex 9-A  CUSTOMARY INTERNATIONAL LAW 10
  • Annex 9-B  PUBLIC PURPOSE 10
  • Annex 9-C  EXPROPRIATION 10
  • Annex 9-D  SERVICE OF DOCUMENTS ON A PARTY UNDER SECTION B 10
  • Annex 9-E  TAXATION AND EXPROPRIATION 10
  • Annex 9-F  TRANSFERS 10
  • Annex 9-G  AMICUS CURIAE 10
  • Chapter   10 CROSS-BORDER TRADE IN SERVICES 10
  • Article   10.1 SCOPE 10
  • Article   10.2 NATIONAL TREATMENT 10
  • Article   10.3 MOST-FAVORED-NATION TREATMENT 10
  • Article   10.4 MOST-FAVORED-NATION TREATMENT 10
  • Article   10.5 LOCAL PRESENCE 11
  • Article   10.6 NON-CONFORMING MEASURES 11
  • Article   10.7 DOMESTIC REGULATION 11
  • Article   10.8 TRANSPARENCY IN DEVELOPING AND APPLYING REGULATIONS (3) 11
  • Article   10.9 RECOGNITION 11
  • Article   10.10 TRANSFERS AND PAYMENTS 11
  • Article   10.11 DENIAL OF BENEFITS 11
  • Article   10.12 DEFINITIONS 11
  • Chapter   11 FINANCIAL SERVICES 11
  • Article   11.1 SCOPE 11
  • Article   11.2 NATIONAL TREATMENT 11
  • Article   11.3 MOST-FAVORED-NATION TREATMENT 11
  • Article   11.4 MARKET ACCESS FOR FINANCIAL INSTITUTIONS 11
  • Article   11.5 CROSS-BORDER TRADE 11
  • Article   11.6 (2) 11
  • Article   11.7 TREATMENT OF CERTAIN INFORMATION 11
  • Article   11.8 SENIOR MANAGEMENT AND BOARDS OF DIRECTORS 11
  • Article   11.9 NON-CONFORMING MEASURES 11
  • Article   11.10 EXCEPTIONS 11
  • Article   11.11 TRANSPARENCY 11
  • Article   11.12 DOMESTIC REGULATION 11
  • Article   11.13 SELF-REGULATORY ORGANIZATIONS 11
  • Article   11.14 PAYMENT AND CLEARING SYSTEMS 11
  • Article   11.15 RECOGNITION 11
  • Article   11.16 FINANCIAL SERVICES COMMITTEE 11
  • Article   11.17 CONSULTATIONS 12
  • Article   11.18 DISPUTE SETTLEMENT 12
  • Article   11.19 INVESTMENT DISPUTES IN FINANCIAL SERVICES 12
  • Article   11.20 DEFINITIONS 12
  • Chapter   12 TEMPORARY ENTRY FOR BUSINESS PERSONS 12
  • Article   12.1 GENERAL PRINCIPLES 12
  • Article   12.2 GENERAL OBLIGATIONS 12
  • Article   12.3 GRANT OF TEMPORARY ENTRY 12
  • Article   12.4 PROVISION OF INFORMATION 12
  • Article   12.5 DISPUTE SETTLEMENT 12
  • Article   12.6 COOPERATION 12
  • Article   12.7 WORKING GROUP 12
  • Subsection   12.8 RELATION TO OTHER CHAPTERS 12
  • Article   12.9 DEFINITIONS 12
  • Chapter   13 TELECOMMUNICATION (1) 12
  • Article   13.1 SCOPE 12
  • Article   13.2 ACCESS AND USE OF PUBLIC TELECOMMUNICATIONS NETWORKS AND SERVICES (2) 13
  • Article   13.3 OBLIGATIONS RELATING TO SUPPLIERS OF PUBLIC TELECOMMUNICATIONS SERVICES 13
  • Article   13.4 TREATMENT BY MAJOR SUPPLIERS 13
  • Article   13.5 COMPETITIVE SAFEGUARDS 13
  • Article   13.6 RESALE 13
  • Article   13.7 UNBUNDLING OF NETWORK ELEMENTS 13
  • Article   13.8 INTERCONNECTION 13
  • Article   13.9 PROVISIONING AND PRICING OF LEASED CIRCUITS SERVICES (7) 13
  • Article   13.10 CO-LOCATION 13
  • Article   13.11 ACCESS TO POLES, DUCTS, CONDUITS, AND RIGHTS-OF-WAY (8)  13
  • Article   13.12 SUBMARINE CABLE SYSTEMS 13
  • Article   13.13 CONDITIONS FOR THE SUPPLY OF INFORMATION SERVICES 13
  • Article   13.14 INDEPENDENT REGULATORY BODIES (10) 13
  • Article   13.15 UNIVERSAL SERVICE 13
  • Article   13.16 LICENSES AND OTHER AUTHORIZATIONS 13
  • Article   13.17 ALLOCATION AND USE OF SCARCE RESOURCES 13
  • Article   13.18 ENFORCEMENT 13
  • Article   13.19 RESOLUTION OF TELECOMMUNICATIONS DISPUTES 13
  • Article   13.20 TRANSPARENCY 13
  • Article   13.21 MEASURES CONCERNING TECHNOLOGIES AND STANDARDS 13
  • Article   13.22 RELATION TO OTHER CHAPTERS 13
  • Article   13.23 DEFINITIONS 13
  • Chapter   14 ELECTRONIC COMMERCE 14
  • Article   14.1 GENERAL 14
  • Article   14.2 ELECTRONIC SUPPLY OF SERVICES 14
  • Article   14.3 DIGITAL PRODUCTS 14
  • Article   14.4 14
  • Article   14.5 PERSONAL DATA PROTECTION 14
  • Article   14.6 PAPERLESS TRADING 14
  • Article   14.7 COOPERATION 14
  • Article   14.8 RELATION TO OTHER CHAPTERS 14
  • Article   14.9 DEFINITIONS 14
  • Chapter   15 INTELLECTUAL PROPERTY RIGHTS 14
  • Section   A General Provisions 14
  • Article   15.1 OBJECTIVES 14
  • Article   15.2 INTERNATIONAL AGREEMENTS 14
  • Article   15.3 MORE EXTENSIVE PROTECTION 14
  • Article   15.4 NATIONAL TREATMENT 14
  • Article   15.5 APPLICATION OF CHAPTER TO EXISTING SUBJECT MATTER AND PRIOR ACTS 14
  • Article   15.6 TRANSPARENCY 14
  • Article   15.7 GENERAL PROVISIONS 14
  • Section   B Trademarks 14
  • Article   15.8 TRADEMARKS PROTECTION 14
  • Article   15.9 EXCEPTIONS 14
  • Article   15.10 WELL-KNOWN TRADEMARKS 14
  • Article   15.11 REGISTRATION AND APPLICATION OF TRADEMARKS 14
  • Article   15.12 CLASSIFICATION OF GOODS AND SERVICES 14
  • Article   15.13 NON-RECORDATION OF A LICENSE 14
  • Section   C Patents 14
  • Article   15.14 PATENTABLE SUBJECT MATTER 14
  • Article   15.15 EXCEPTIONS 14
  • Article   15.16 GRACE PERIOD 14
  • Article   15.17 AMENDMENTS, CORRECTIONS, AND OBSERVATIONS 14
  • Article   15.18 CLAIMED INVENTION 14
  • Article   15.19 ACCELERATED EXAMINATION 15
  • Section   D Measures Related to Certain Regulated Products 15
  • Article   15.20 MEASURES RELATED TO CERTAIN REGULATED PRODUCTS 15
  • Section   E Designs 15
  • Article   15.21 DESIGNS PROTECTION 15
  • Article   15.22 EXCEPTIONS 15
  • Section   F Unfair Competition and Undisclosed Information 15
  • Article   15.23 UNFAIR COMPETITION 15
  • Article   15.24 UNDISCLOSED INFORMATION 15
  • Section   G Copyright and Related Rights 15
  • Subsection   A Copyright and Related Rights 15
  • Article   15.25 COPYRIGHT AND RELATED RIGHTS 15
  • Article   15.26 RIGHT OF REPRODUCTION 15
  • Article   15.27 RIGHT OF DISTRIBUTION 15
  • Article   15.28 TERM OF PROTECTION 15
  • Article   15.29 APPLICATION OF ARTICLE 18 OF THE BERNE CONVENTION AND ARTICLE 14.6 OF THE TRIPS AGREEMENT 15
  • Article   15.30 NO FORMALITY 15
  • Article   15.31 CONTRACTUAL TRANSFERS 15
  • Article   15.32 TECHNOLOGICAL PROTECTION MEASURES 15
  • Article   15.33 RIGHTS MANAGEMENT INFORMATION 15
  • Article   15.34 LIMITATIONS AND EXCEPTIONS 15
  • Article   15.35 PROTECTION OF ENCRYPTED PROGRAM-CARRYING SATELLITE SIGNALS 15
  • Article   15.36 COLLECTIVE MANAGEMENT OF COPYRIGHT AND RELATED RIGHTS 15
  • Subsection   B Copyright 15
  • Article   15.37 RIGHT OF COMMUNICATION TO THE PUBLIC 15
  • Subsection   C Related Rights 15
  • Article   15.38 PROTECTED SUBJECT MATTER 15
  • Article   15.39 RIGHTS OF PERFORMERS 15
  • Article   15.40 RIGHT OF PHONOGRAM PRODUCERS 15
  • Article   15.41 RIGHT TO REMUNERATION OF PERFORMERS AND PHONOGRAM PRODUCERS 15
  • Article   15.42 RIGHT OF BROADCASTING ORGANIZATIONS 15
  • Article   15.43 DEFINITIONS 15
  • Section   H Enforcement of Intellectual Property Rights 15
  • Subsection   A General Obligations 15
  • Article   15.44 ENFORCEMENT PRACTICES WITH RESPECT TO INTELLECTUAL PROPERTY RIGHTS 15
  • Article   15.45 PRESUMPTIONS 15
  • Subsection   B Civil and Administrative Procedures and Remedies 15
  • Article   15.46 ENTITLED RIGHT HOLDERS 15
  • Article   15.47 DAMAGES 15
  • Article   15.48 PRE-ESTABLISHED DAMAGES 15
  • Article   15.49 LEGAL COSTS 15
  • Article   15.50 SEIZURE 15
  • Article   15.51 DESTRUCTION 15
  • Article   15.52 RIGHT OF INFORMATION 16
  • Article   15.53 CONFIDENTIALITY ORDER 16
  • Article   15.54 ADMINISTRATIVE PROCEDURES 16
  • Article   15.55 REMEDIES 16
  • Article   15.56 PROHIBITION OF INFRINGING IMPORTS AND THEIR EXPORTATION 16
  • Article   15.57 EXPERTS’ COSTS 16
  • Article   15.58 ALTERNATIVE DISPUTE RESOLUTION 16
  • Article   15.59 PROVISIONAL MEASURES 16
  • Subsection   C Special Requirements Related to Border Measures 16
  • Article   15.60 INFORMATION PROVIDED BY RIGHT HOLDERS TO COMPETENT AUTHORITIES 16
  • Article   15.61 INFORMATION PROVIDED BY COMPETENT AUTHORITIES TO RIGHT HOLDERS 16
  • Article   15.62 REASONABLE SECURITY OR ASSURANCE 16
  • Article   15.63 EX OFFICIO BORDER ENFORCEMENT 16
  • Article   15.64 DESTRUCTION 16
  • Article   15.65 FEES 16
  • Article   15.66 EXCHANGE OF TECHNICAL INFORMATION 16
  • Subsection   D Criminal Procedures and Remedies 16
  • Article   15.67 CRIMINAL PROCEDURES AND PENALTIES 16
  • Article   15.68 PENALTIES, SEIZURE, FORFEITURE, AND DESTRUCTION 16
  • Subsection   E Effective Action Against Infringement In the Digital Environment 16
  • Article   15.69 LIMITATIONS ON LIABILITY OF SERVICE PROVIDERS 16
  • Article   15.70 MEASURES AGAINST REPETITIVE INFRINGEMENT ON THE INTERNET 16
  • Section   I Technology Transfer and Cooperation 16
  • Article   15.71 TECHNOLOGY TRANSFER 16
  • Article   15.72 COOPERATION 16
  • Section   J Committee on Intellectual Property Right 16
  • Article   15.73 COMMITTEE ON INTELLECTUAL PROPERTY RIGHTS 16
  • Chapter   16 LABOR 16
  • Article   16.1 CONTEXT AND OBJECTIVES 16
  • Article   16.2 GENERAL PRINCIPLES AND COMMITMENTS 16
  • Article   16.3 PROCEDURAL GUARANTEES AND PUBLIC AWARENESS 16
  • Article   16.4 INSTITUTIONALARRANGEMENTS 16
  • Article   16.5 CONSULTATION 16
  • Article   16.6 COOPERATION 16
  • Chapter   17 ENVIRONMENT 16
  • Article   17.1 CONTEXT AND OBJECTIVES 16
  • Article   17.2 SCOPE 17
  • Article   17.3 GENERAL PRINCIPLES 17
  • Article   17.4 SPECIFIC COMMITMENTS 17
  • Article   17.5 ENFORCEMENT OF LAWS 17
  • Article   17.6 PROCEDURAL GUARANTEE 17
  • Article   17.7 TRANSPARENCY 17
  • Article   17.8 ENVIRONMENTAL COMMITTEE 17
  • Article   17.9 CONTACT POINTS 17
  • Article   17.10 ENVIRONMENTAL CONSULTATIONS 17
  • Article   17.11 COOPERATION 17
  • Chapter   18 TRANSPARENCY 17
  • Article   18.1 PUBLICATION 17
  • Article   18.2 NOTIFICATION AND PROVISION OF INFORMATION 17
  • Article   18.3 ADMINISTRATIVE PROCEEDINGS 17
  • Article   18.4 REVIEW AND APPEAL 17
  • Article   18.5 DEFINITIONS 17
  • Chapter   19 COOPERATION 17
  • Article   19.1 SCOPE 17
  • Article   19.2 OBJECTIVE 17
  • Article   19.3 METHODS AND MODALITIES 17
  • Article   19.4 COOPERATION COMMITTEE 17
  • Article   19.5 CONTACT POINTS 17
  • Article   19.6 AREAS OF COOPERATION 17
  • Article   19.7 DISPUTE SETTLEMENT 17
  • Chapter   20 COMPETITION POLICY 17
  • Article   20.1 OBJECTIVE AND PRINCIPLES 17
  • Article   20.2 COMPETITION LAW AND AUTHORITIES 18
  • Article   20.3 IMPLEMENTATION 18
  • Article   20.4 COOPERATION 18
  • Article   20.5 NOTIFICATIONS 18
  • Article   20.6 CONSULTATIONS 18
  • Article   20.7 EXCHANGE OF INFORMATION AND CONFIDENTIALITY 18
  • Article   20.8 TECHNICAL ASSISTANCE 18
  • Article   20.9 STATE ENTERPRISES AND DESIGNATED MONOPOLIES 18
  • Article   20.10 DISPUTE SETTLEMENT 18
  • Article   20.11 TRANSITIONAL ARRANGEMENTS 18
  • Article   20.12 DEFINITIONS 18
  • Chapter   21 INSTITUTIONAL PROVISIONS 18
  • Article   21.1 JOINT COMMITTEE 18
  • Article   21.2 AGREEMENT COORDINATORS 18
  • Article   21.3 CONTACT POINTS 18
  • Chapter   22 DISPUTE SETTLEMENT 18
  • Section   A Dispute Settlement 18
  • Article   22.1 COOPERATION 18
  • Article   22.2 SCOPE 18
  • Article   22.3 CHOICE OF FORUM 18
  • Article   22.4 CONSULTATIONS 18
  • Article   22.5 REFERRAL TO THE JOINT COMMITTEE (2) 18
  • Article   22.6 GOOD OFFICES, CONCILIATION, OR MEDIATION 18
  • Article   22.7 ESTABLISHMENT OF PANEL 18
  • Article   22.8 MODEL RULES OF PROCEDURE 19
  • Article   22.9 THIRD PARTIES 19
  • Article   22.10 PANEL REPORT 19
  • Article   22.11 SUSPENSION AND TERMINATION OF PROCEEDINGS 19
  • Article   22.12 IMPLEMENTATION OF THE FINAL REPORT 19
  • Article   22.13 NON-IMPLEMENTATION AND SUSPENSION OF BENEFITS 19
  • Article   22.14 COMPLIANCE REVIEW 19
  • Article   22.15 TIME LIMITS 19
  • Article   22.16 ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS 19
  • Section   B Domestic Proceedings and Private Commercial Dispute Settlement 19
  • Article   22.17 REFERRAL OF MATTERS FROM JUDICIAL OR ADMINISTRATIVE PROCEEDINGS 19
  • Article   22.18 PRIVATE RIGHTS 19
  • Article   22.19 ALTERNATIVE DISPUTE RESOLUTION 19
  • Chapter   23 EXCEPTIONS 19
  • Article   23.1 GENERAL EXCEPTIONS 19
  • Article   23.2 ESSENTIAL SECURITY 19
  • Article   23.3 TAXATION 19
  • Article   23.4 DISCLOSURE OF INFORMATION 19
  • Article   23.5 MEASURES TO SAFEGUARD THE BALANCE OF PAYMENTS 19
  • Chapter   24 FINAL PROVISIONS 19
  • Article   24.1 ANNEXES, APPENDICES, AND FOOTNOTES 19
  • Article   24.2 AMENDMENTS 19
  • Article   24.3 AMENDMENT OF THE WTO AGREEMENT 19
  • Article   24.4 ACCESSION 19
  • Article   24.5 ENTRY INTO FORCE 19
  • Article   24.6 WITHDRAWAL AND TERMINATION 19
  • Article   24.7 RESERVATIONS AND INTERPRETATIVE DECLARATIONS 19
  • Article   27.8 AUTHENTIC TEXTS 19
  • Annex I: Non-Conforming Measures of Services and Investment 19
  • Annex II: Non-Conforming Measures of Services and Investment 20