Central America Republics - Korea, Republic of FTA (2018)
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(c) prevent a Party from prohibiting persons operating private networks from using their private networks to supply public telecommunications networks or services to third persons.

Article 13.2. ACCESS AND USE OF PUBLIC TELECOMMUNICATIONS NETWORKS AND SERVICES (2)

1. Each Party shall ensure that service suppliers of the other Party have access to and use of any public telecommunications network or service, including leased circuits, offered in its territory or across its borders, on reasonable and non-discriminatory terms and conditions, including as set out in paragraphs 2 through 6.

2. Each Party shall ensure that service suppliers of the other Party are permitted to:

(a) purchase or lease and attach terminal or other equipment that interfaces with a public telecommunications network;

(b) provide services to individual or multiple end-users over leased or owned circuits;

(c) connect owned or leased circuits with public telecommunications networks and services or with circuits leased or owned by another enterprise;

(d) perform switching, signaling, processing, and conversion functions; and

(e) use operating protocols of their choice in the supply of any service.

3. Each Party shall ensure that service suppliers of the other Party may use public telecommunications services for the movement of information in its territory or across its borders, including for intra-corporate communications, and for access to information contained in databases or otherwise stored in machine-readable form in the territory of either Party.

4. Notwithstanding paragraph 3, a Party may take such measures as are necessary to ensure the security and confidentiality of messages, or protect the privacy of non-public personal data of subscribers to public telecommunications services, provided that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination or disguised restriction on trade in services.

5. Each Party shall ensure that no condition is imposed on access to and use of public telecommunications networks and services, other than as necessary to:

(a) safeguard the public service responsibilities of suppliers of public telecommunications networks and services, in particular their ability to make their networks or services available to the public generally; or

(b) protect the technical integrity of public telecommunications networks or services.

6. Provided that conditions for access to and use of public telecommunications networks and services satisfy the criteria set out in paragraph 5, such conditions may include:

(a) a requirement to use specified technical interfaces, including interface protocols, for interconnection with such networks or services;

(b) requirements, where necessary, for the inter-operability of such networks and services;

(c) type approval of terminal or other equipment that interfaces with the network and technical requirements relating to the attachment of that equipment to such networks; and

(d) a licensing, permit, registration, or notification procedure which, if adopted or maintained, is transparent and provides for the processing of applications filed thereunder in accordance with the Party’s laws or regulations.

(2) For greater certainty, Article 13.2 shall not prevent a Party from requiring a license, authorization or other type of authorization to an enterprise to provide any public telecommunications network or service in its territory.

Article 13.3. OBLIGATIONS RELATING TO SUPPLIERS OF PUBLIC TELECOMMUNICATIONS SERVICES

Interconnection

1. (a) Each Party shall ensure that suppliers of public telecommunications services in its territory provide, directly, or indirectly within the same territory, interconnection with suppliers of public telecommunications services of the other Party.

(b) In carrying out subparagraph (a), each Party shall ensure that suppliers of public telecommunications services in its territory take reasonable steps to protect the confidentiality of commercially sensitive information of, or relating to, suppliers and end-users of public telecommunications services obtained as a result of interconnection arrangements and only use such information for the purposes of providing these services.

(c) Each Party shall provide its telecommunications regulatory body the authority to require suppliers of public telecommunications services to file their interconnection contracts.

Number Portability

2. Each Party shall ensure that suppliers of public telecommunications services in its territory provide number portability to the extent technically feasible, and on reasonable terms and conditions. (3) (4)

Dialing Parity and Access to Telephone Numbers (5)

3. Each Party shall ensure that:

(a) suppliers of public telecommunications services in its territory provide dialing parity within the same category of service to suppliers of public telecommunications services of the other Party; and

(b) suppliers of public telecommunications services of the other Party in the Party’s territory are afforded non-discriminatory access to telephone numbers

(3) Paragraph 2 shall not apply with respect to suppliers of voice over internet protocol services. For Nicaragua and Korea, in any case, number portability will only be possible between networks providing the same category of services.
(4) In complying with this paragraph, the Parties may take into account the economic feasibility of providing number portability for fixed telephony.
(5) Article 13.3.3(a) shall not apply with respect to suppliers of international public telecommunications services.

Article 13.4. TREATMENT BY MAJOR SUPPLIERS

Each Party shall ensure that a major supplier in its territory accords suppliers of public telecommunications services of the other Party treatment no less favorable than such major supplier accords to itself, its subsidiaries, its affiliates, or non-affiliated service suppliers regarding:

(a) the availability, provisioning, rates, or quality of like public telecommunications services; and

(b) the availability of technical interfaces necessary for interconnection. 

(c) not making available, on a timely basis, to suppliers of public telecommunications services, technical information about essential facilities and commercially relevant information that are necessary for them to provide public telecommunications services.

Article 13.5. COMPETITIVE SAFEGUARDS

1. Each Party shall maintain appropriate measures for the purposes of preventing suppliers of public telecommunications services that, alone or together, are a major supplier in its territory from engaging in or continuing anticompetitive practices.

2. The anticompetitive practices referred to in paragraph 1 include in particular:

(a) engaging in anticompetitive cross-subsidization;

(b) using information obtained from competitors with anticompetitive results; and

(c) not making available, on a timely basis, to suppliers of public telecommunications services, technical information about essential facilities and commercially relevant information that are necessary for them to provide public telecommunications services.

Article 13.6. RESALE

Each Party shall ensure that a major supplier in its territory does not impose unreasonable or discriminatory conditions or limitations on the resale of its public telecommunications services. (6)

(6) Where provided in its laws or regulations, a Party may prohibit a reseller that obtains, at wholesale rate, a public telecommunications service available at retail to only a limited category of subscribers from offering the service to a different category of subscribers.

Article 13.7. UNBUNDLING OF NETWORK ELEMENTS

1. Each Party shall provide its telecommunications regulatory body the authority to require a major supplier in its territory to offer access to network elements on an unbundled basis on terms and conditions, and at cost-oriented rates, that are reasonable, nondiscriminatory, and transparent for the supply of public telecommunications services.

2. Each Party may determine the network elements required to be made available in its territory, and the suppliers that may obtain such elements, in accordance with its laws and regulations.

Article 13.8. INTERCONNECTION

General Terms and Conditions

1. Each Party shall ensure that a major supplier in its territory provides interconnection for the facilities and equipment of suppliers of public telecommunications services of the other Party:

(a) at any technically feasible point in the major supplier’s network;

(b) under non-discriminatory terms, conditions (including technical standards and specifications), and rates;

(c) of a quality no less favorable than that provided by the major supplier for its own like services, for like services of non-affiliated service suppliers, or for its subsidiaries or other affiliates;

(d) in a timely fashion, and on terms and conditions (including technical standards and specifications), and at cost-oriented rates, that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled so that the suppliers need not pay for network components or facilities that they do not require for the service to be provided; and

(e) on request, at points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of necessary additional facilities.

Options for Interconnecting with Major Suppliers

2. Each Party shall ensure that a major supplier in its territory provides suppliers of public telecommunications services of the other Party the opportunity to interconnect their facilities and equipment with those of the major supplier through:

(a) negotiation of a new interconnection agreement;

(b) a reference interconnection offer containing the rates, terms, and conditions that the major supplier offers generally to suppliers of public telecommunications services; or

(c) the terms and conditions of an interconnection agreement in force.

Public Availability of Interconnection Offers and Agreements

3. If a major supplier in the territory of a Party has a reference interconnection offer, the Party shall require the offer to be made publicly available.

4. Each Party shall make publicly available the applicable procedures for interconnection negotiations with a major supplier in its territory.

5. Each Party shall require a major supplier in its territory to file all interconnection agreements to which it is party with its telecommunications regulatory body.

6. Each Party shall make publicly available interconnection agreements in force between a major supplier in its territory and other suppliers of public telecommunications services in its territory.

Article 13.9. PROVISIONING AND PRICING OF LEASED CIRCUITS SERVICES (7)

1. Each Party shall ensure that a major supplier in its territory provides enterprises of the other Party leased circuits services that are public telecommunications services on terms and conditions, and at rates, that are reasonable and non-discriminatory.

2. In carrying out paragraph 1, each Party shall provide its telecommunications regulatory body the authority to require a major supplier in its territory to offer leased circuits services that are public telecommunications services to enterprises of the other Party at capacity-based, flat rate, cost-oriented prices.

(7) Article 13.9 shall not be construed to require a Party to ensure that the major supplier provides leased circuits as an unbundled network element.

Article 13.10. CO-LOCATION

1. Subject to paragraphs 2 and 3, each Party shall ensure that a major supplier in its territory provides to suppliers of public telecommunications services of the other Party in the Party’s territory physical co-location of equipment necessary for interconnection or access to unbundled network elements on terms and conditions, and at cost-oriented rates, that are reasonable, non-discriminatory, and transparent.

2. Where physical co-location is not practical for technical reasons or because of space limitations, each Party shall ensure that a major supplier in its territory provides an alternative solution on terms and conditions, and at cost-oriented rates, that are reasonable, nondiscriminatory, and transparent.

3. Each Party may limit which premises are subject to paragraphs 1 and 2, provided the Party specifies any such limitation in its law or regulations.

Article 13.11. ACCESS TO POLES, DUCTS, CONDUITS, AND RIGHTS-OF-WAY (8) 

Each Party shall ensure that a major supplier in its territory affords access to poles, ducts, conduits, and rights-of-way owned or controlled by the major supplier to suppliers of public telecommunications services of the other Party in the Party’s territory on terms and conditions, and at rates, that are reasonable, non-discriminatory, and transparent.

(8) Each Party shall implement this obligation only for land lines.

Article 13.12. SUBMARINE CABLE SYSTEMS

Each Party shall ensure reasonable and non-discriminatory treatment for access to submarine cable systems (including landing facilities) in its territory to a supplier of public telecommunication services of the other Party, where such supplier of the other Party is authorized to operate a submarine cable system as a public telecommunications service.

Article 13.13. CONDITIONS FOR THE SUPPLY OF INFORMATION SERVICES

1. Neither Party may require an enterprise in its territory that it classifies (9) as a supplier of information services and that supplies those services over facilities that the enterprise does not own, to:

(a) supply those services to the public generally;

(b) cost-justify its rates for those services;

(c) file a tariff for those services;

(d) connect its networks with any particular customer for the supply of those services; or

(e) conform with any particular standard or technical regulation of the telecommunications regulatory body for connecting to any other network, other than a public telecommunications network.

2. Notwithstanding paragraph 1, a Party may take the actions described in paragraph 1 to remedy a practice of a supplier of information services that the Party has found in a particular case to be anticompetitive under its law or regulations, or to otherwise promote competition or safeguard the interests of consumers.

(9) For the purposes of applying this provision, each Party may, through its telecommunications regulatory body, classify which services in its territory are information services.

Article 13.14. INDEPENDENT REGULATORY BODIES (10)

Each Party shall ensure that its telecommunications regulatory body is separate from, and not accountable to, any supplier of public telecommunications services. With a view to ensuring the independence and impartiality of telecommunications regulatory bodies, each Party shall ensure that its telecommunications regulatory body does not hold a financial interest or maintain an operating or management role in any such supplier. Each Party shall ensure that regulatory decisions and procedures, of its telecommunications regulatory body are impartial with the respect to all market participants.

(10) El Salvador, Honduras, Nicaragua and Panama shall endeavor to ensure that their telecommunications regulatory body has adequate resources to carry out its functions.

Article 13.15. UNIVERSAL SERVICE

1. Each Party has the right to define the kind of universal service obligation it wishes to adopt or maintain.

2. Such obligations shall not be considered anticompetitive per se, provided they are administered in a transparent, non-discriminatory, and competitively neutral manner and the Party shall ensure that its universal service obligation is not more burdensome than necessary for the kind of universal service that it has defined. 

Article 13.16. LICENSES AND OTHER AUTHORIZATIONS

1. When a Party requires a supplier of public telecommunications services to have a license or other authorization (11) the Party shall make publicly available:

(a) all applicable licensing or authorization criteria and procedures it applies;

(b) the period it normally requires to reach a decision concerning an application for a license or other authorization; and

(c) the terms and conditions of all licenses or authorizations in effect.

2. Each Party shall ensure that, on request, an applicant receives the reasons for the denial of a license or other authorization.

(11) For the purposes of this Chapter, the term authorization is understood to include concessions, permits, registrations, or other authorizations that the Party may require to supply public telecommunications services.

Article 13.17. ALLOCATION AND USE OF SCARCE RESOURCES

1. Each Party shall administer its procedures for the allocation and use of scarce telecommunications resources, including frequencies, numbers, and rights-of-way, in an objective, timely, transparent, and non-discriminatory manner.

2. Each Party shall make publicly available the current state of allocated frequency bands, but retains the right not to provide detailed identification of frequencies allocated or assigned for specific government uses.

3. A Party’s measures allocating and assigning spectrum and managing frequency are not measures that are per se inconsistent with Article 10.4 (Market Access) either as it applies to cross-border trade in services or through the operation of Article 10.1.3 (Scope) to an investor or covered investment of the other Party. Accordingly, each Party retains the right to establish and apply spectrum and frequency management measures that may have the effect of limiting the number of suppliers of public telecommunications services. This includes the ability to allocate frequency bands, taking into account current and future needs and spectrum availability.

Article 13.18. ENFORCEMENT

Each Party shall provide its competent authority with the authority to enforce the Party’s measures relating to the obligations set out in Articles 13.2 through 13.12. That authority shall include the ability to impose sanctions or other measures which may include financial penalties, injunctive relief (on an interim or final basis), corrective orders, or the modification, suspension, or revocation of licenses or other authorizations.

Article 13.19. RESOLUTION OF TELECOMMUNICATIONS DISPUTES

Further to Articles 18.3 (Administrative Proceedings) and 18.4 (Review and Appeal), each Party shall ensure that:

Recourse

(a) (i) enterprises of the other Party may have recourse in accordance with the procedures established in the legislation to a telecommunications regulatory body or other relevant body of the Party to resolve disputes regarding the Party’s measures relating to matters set out in Articles 13.2 through 13.12; and

(ii) suppliers of public telecommunications services of the other Party that have requested interconnection with a major supplier in the Party’s territory may seek review, within a reasonable and publicly specified period after the supplier requests interconnection, by its telecommunications regulatory body to resolve disputes regarding the terms, conditions, and rates for interconnection with that major supplier;

Judicial Review (12)

(b) any enterprise whose legally protected interests are adversely affected by a determination or decision of the Party’s telecommunications regulatory body may obtain review of the determination or decision by an impartial and independent judicial authority of the Party.

(12) For greater certainty, in accordance with its legislation, a Party may require the exhaustion of administrative remedies before request the judicial review.

Article 13.20. TRANSPARENCY

Further to Article 18.1 (Publication), each Party shall ensure that:

(a) rulemakings, including the basis for such rulemakings, of its telecommunications regulatory body and end-user tariffs filed with its telecommunications regulatory body are promptly published or otherwise made publicly available;

(b) interested persons are provided with adequate advance public notice of, and reasonable opportunity to comment on, any rulemaking that its telecommunications regulatory body proposes;

(c) to the extent practicable, all comments filed to the telecommunications regulatory body in the rulemaking are made publicly available; and

(d) its measures relating to public telecommunications services are made publicly available, including:

(i) measures relating to:

(A) tariffs and other terms and conditions of service;

(B) specifications of technical interfaces;

(C) conditions for attaching terminal or other equipment to the public telecommunications network; and

(D) notification, permit, registration, or licensing requirements, if any; and

(ii) procedures relating to judicial and other adjudicatory proceedings.

Article 13.21. MEASURES CONCERNING TECHNOLOGIES AND STANDARDS

Neither Party may prevent suppliers of public telecommunications services from having the flexibility to choose the technologies that they use to supply their services, including commercial mobile wireless services, subject to requirements necessary to satisfy legitimate public policy interests. (13) 

(13) For Panama, for greater certainty, nothing in this Chapter shall be construed to prevent a telecommunications regulatory body from requiring the proper license or other authorization to supply each public telecommunications service.

Article 13.22. RELATION TO OTHER CHAPTERS

In the event of any inconsistency between this Chapter and another Chapter, this Chapter shall prevail to the extent of the inconsistency.

Article 13.23. DEFINITIONS

For the purposes of this Chapter:

commercial mobile services means public telecommunications services supplied through mobile wireless means;

cost-oriented means based on cost, and may include a reasonable profit, and may involve different cost methodologies for different facilities or services in accordance with the legislation of the Party;

dialing parity means the ability of an end-user to use an equal number of digits to access a like public telecommunications service, regardless of which public telecommunications services supplier the end-user chooses;

end-user means a final consumer of or subscriber to a public telecommunications service, including a service supplier other than a supplier of public telecommunications services;

enterprise means an enterprise as defined in Article 1.6 (Definitions) and includes a branch of an enterprise;

essential facilities means facilities of a public telecommunications network or service that:

(a) are exclusively or predominantly provided by a single or limited number of suppliers; and

(b) cannot feasibly be economically or technically substituted in order to supply a service;

information service means

(a) for Korea, value-added services that add value to telecommunications services through enhanced functionality, and specifically means those services as defined in subparagraph 12 of Article 2 of the Telecommunications Business Act; and

(b) for El Salvador, Honduras, Nicaragua, and Panama, the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service;

interconnection means linking with suppliers providing public telecommunications services in order to allow the users of one supplier to communicate with users of another supplier and to access services provided by another supplier;

leased circuits means telecommunications facilities between two or more designated points that are set aside for the dedicated use of, or availability to a particular customer or other users of the customer´s choosing;

  • 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