Central America Republics - Korea, Republic of FTA (2018)
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EXPLANATORY NOTE

1. The Schedule of Korea to this Annex sets out, pursuant to Articles 9.13 (NonConforming Measures) and 10.6 (Non-Conforming Measures), Korea’s existing measures that are not subject to some or all of the obligations imposed by:

(a) Article 9.3 (National Treatment) or 10.2 (National Treatment);

(b) Article 9.4 (Most-Favored-Nation Treatment) or 10.3 (Most-FavoredNation Treatment);

(c) Article 10.4 (Market Access);

(d) Article 10.5 (Local Presence);

(e) Article 9.9 (Performance Requirements); or

(f) Article 9.10 (Senior Management and Boards of Directors).

2. Each Schedule entry sets out the following elements:

(a) Sector refers to the sector for which the entry is made;

(b) Obligation Concerned specifies the obligation(s) referred to in paragraph 1 that, pursuant to Articles 9.13.1(a) (Non-Conforming Measures) and 10.6.1(a) (Non-Conforming Measures), shall not apply to the nonconforming aspects of the law, regulation, or other measures, as set out in paragraph 3;

(c) Measures (1) identifies the laws, regulations, or other measures for which the entry is made. A measure cited in the Measures element:

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

(ii) includes any subordinate measure adopted or maintained under the authority of and consistent with the measure; and

(d) Description sets out commitments, if any, for liberalization on the date of entry into force of this Agreement, and the remaining non-conforming aspects of the measure for which the entry is made.

3. In the interpretation of a Schedule entry, all elements of the entry shall be considered. An entry shall be interpreted in light of the relevant Articles of the Chapters against which the entry is made. To the extent that:

(a) the Measures element is qualified by a liberalization commitment from the Description element, the Measures element as so qualified shall prevail over all other elements; and

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

4. In accordance with Articles 9.13.1(a) (Non-Conforming Measures) and 10.6.1(a) (Non-Conforming Measures) and subject to Articles 9.13.1(c) and 10.6.1(c), the Articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the non-conforming aspects of the law, regulation, or other measure identified in the Measures element of that entry.

5. Where Korea maintains a measure that requires that a service provider be a citizen, permanent resident, or resident of its territory as a condition to the provision of a service in its territory, a Schedule entry for that measure taken with respect to Article 10.2 (National Treatment), 10.3 (Most-Favored-Nation Treatment), or 10.5 (Local Presence) shall operate as a Schedule entry with respect to Article 9.3 (National Treatment), 9.4 (Most-Favored-Nation Treatment), or 9.9 (Performance Requirements) to the extent of that measure.

6. A “foreign person” means a foreign national or an enterprise organized under the laws of another country.

7. For greater certainty, Articles 10.2 (National Treatment) and 10.5 (Local Presence) are separate disciplines and a measure that is only inconsistent with Article 10.5 (Local Presence) need not be reserved against Article 10.2 (National Treatment).

(1) For greater certainty, a change in the level of government at which a measure is administered or enforced does not, by itself, decrease the conformity of the measure with the obligations referred to in Article 9.13.1 and Article 10.6.1.

Annex I SCHEDULE OF COSTA RICA

EXPLANATORY NOTE

1. The Schedule of Costa Rica to this Annex sets out, pursuant to Articles 9.13 (Non-Conforming Measures) and 10.6 (Non-Conforming Measures), Costa Rica´s existing measures that are not subject to some or all of the obligations imposed by:

(a) Articles 9.3 (National Treatment) or 10.2 (National Treatment);

(b) Articles 9.4 (Most-Favored-Nation Treatment) or 10.3 (Most-FavoredNation Treatment);

(c) Article 10.5 (Local Presence);

(d) Article 9.9 (Performance Requirements);

(e) Article 9.10 (Senior Management and Boards of Directors); or

(f) Article 10.4 (Market Access).

2. Each Schedule entry sets out the following elements:

(a) Sector refers to the sector for which the entry is made;

(b) Obligations Concerned specifies the obligation(s) referred to in paragraph 1 that, pursuant to Articles 9.13 (Non-Conforming Measures) and 10.6 (Non-Conforming Measures), do not apply to the listed measure(s) pursuant to paragraph 3;

(c) Level of Government indicates the level of government maintaining the listed measure(s);

(d) Measures identifies the laws, regulations, or other measures for which the entry is made. A measure cited in the Measures element:

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

(ii) includes any subordinate measure adopted or maintained under the authority of and consistent with the measure; and

(e) Description sets out commitments, if any, for liberalization on the date of entry into force of the Agreement, and the remaining non-conforming aspects of the existing measures for which the entry is made.

3. In the interpretation of a Schedule entry, all elements of the entry shall be considered. An entry shall be interpreted in light of the relevant provisions of the Chapters against which the entry is made. To the extent that:

(a) the Measures element is qualified by a liberalization commitment from the Description element, the Measures element as so qualified shall prevail over all other elements; and

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

4. In accordance with Articles 9.13 (Non-Conforming Measures) and 10.6 (NonConforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the law, regulation, or other measure identified in the Measures element of that entry.

5. Where Costa Rica maintains a measure that requires that a service provider be a citizen, permanent resident, or resident of its territory as a condition to the provision of a service in its territory, a Schedule entry for that measure taken with respect to Article 10.2 (National Treatment), 10.3 (Most-Favored-Nation Treatment), or 10.5 (Local Presence) shall operate as a Schedule entry with respect to Article 9.3 (National Treatment), 9.4 (Most-Favored-Nation Treatment), or 9.9 (Performance Requirements) to the extent of that measure.

6. For greater certainty, Article 10.4 (Market Access) refers to non-discriminatory measures.

7. The listing of a measure in this Annex is without prejudice to a future claim that Annex II may apply to the measure or some application of the measure.

8. The extraction of natural resources (including mining and hydrocarbons), electricity generation, refining of crude oil and its derivatives, hunting, forestry, logging, and fishing shall not be considered as services for the purposes of this Agreement.

Annex I SCHEDULE OF EL SALVADOR

EXPLANATORY NOTE

1. The Schedule of El Salvador to this Annex sets out, pursuant to Articles 9.13 (NonConforming Measures) and 10.6 (Non-Conforming Measures), El Salvador’s existing measures that are not subject to some or all of the obligations imposed by:

(a) Articles 9.3 (National Treatment) or 10.2 (National Treatment);

(b) Articles 9.4 (Most-Favored-Nation Treatment) or 10.3 (Most-Favored-Nation Treatment);

(c) Article 10.5 (Local Presence);

(d) Article 9.9 (Performance Requirements);

(e) Article 9.10 (Senior Management and Boards of Directors); or

(f) Article 10.4 (Market Access).

2. Each Schedule entry sets out the following elements:

(a) Sector refers to the sector for which the entry is made;

(b) Obligations Concerned specifies the obligation(s) referred to in paragraph 1 that, pursuant to Articles 9.13 (Non-Conforming Measures) and 10.6 (NonConforming Measures), do not apply to the listed measure(s);

(c) Level of Government indicates the level of government maintaining the listed measure(s);

(d) Measures identifies the laws, regulations, or other measures for which the entry is made. A measure cited in the Measures element:

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

(ii) includes any subordinate measure adopted or maintained under the authority of and consistent with the measure; and

(e) Description sets out commitments, if any, for liberalization on the date of entry into force of the Agreement, and the remaining non-conforming aspects of the existing measures for which the entry is made.

3. In the interpretation of a Schedule entry, all elements of the entry shall be considered. An entry shall be interpreted in light of the relevant provisions of the Chapters against which the entry is made. To the extent that:

(a) the Measures element is qualified by a liberalization commitment from the Description element, the Measures element as so qualified shall prevail over all other elements; and

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

4. In accordance with Article 9.13 (Non-Conforming Measures) and 10.6 (NonConforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the law, regulation, or other measure identified in the Measures element of that entry.

5. Where a Party maintains a measure that requires that a service provider be a citizen, permanent resident, or resident of its territory as a condition to the provision of a service in its territory, a Schedule entry for that measure taken with respect to Article 10.2 (National Treatment), 10.3 (Most-Favored-Nation Treatment), or 10.5 (Local Presence) shall operate as a Schedule entry with respect to Article 9.3 (National Treatment), 9.4 (Most-FavoredNation Treatment), or 9.9 (Performance Requirements) to the extent of that measure.

6. For greater certainty, Article 10.4 (Market Access) refers to non-discriminatory measures

Annex I SCHEDULE OF HONDURAS

EXPLANATORY NOTE

1. The Schedule of Honduras to this Annex sets out, pursuant to Articles 9.13 (NonConforming Measures) and 10.6 (Non-Conforming Measures), Honduras’ existing measures that are not subject to some or all of the obligations imposed by:

(a) Article 9.3 (National Treatment) or 10.2 (National Treatment);

(b) Article 9.4 (Most-Favored-Nation Treatment) or 10.3 (Most-Favored-Nation Treatment);

(c) Article 10.4 (Market Access);

(d) Article 10.5 (Local Presence);

(e) Article 9.9 (Performance Requirements); or

(f) Article 9.10 (Senior Management and Boards of Directors).

2. Each Schedule entry sets out the following elements:

(a) Sector refers to the sector for which the entry is made;

(b) Obligation Concerned, specifies the obligation(s) referred to in paragraph 1 that, pursuant to Articles 9.13.1(a) (Non-Conforming Measures) and 10.6.1(a) (Non-Conforming Measures) does not apply to the non-conforming aspects of the law, regulation, or other measures, as set out in paragraph 3;

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

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

(ii) includes any subordinate measure adopted or maintained under the authority of and consistent with the measure; and

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

3. In the interpretation of a Schedule entry, all elements of the entry shall be considered. An entry shall be interpreted in light of the relevant provisions of the Chapters against which the entry is made. To the extent that:

(a) the Measures element is qualified by a liberalization commitment from the Description element, the Measures element as so qualified shall prevail over all other elements; and

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

4. In accordance with Articles 9.13.1 (a) (Non-Conforming Measures) and 10. 6.1(a) (Non-Conforming Measures) and subject to Articles 9.13.1(c) and 10.6.1(c), the Articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the non-conforming aspects of the law, regulation, or other measure identified in the Measures element of that entry.

5. Where Honduras maintains a measure that requires that a service provider be a citizen, permanent resident, or resident of its territory as a condition to the provision of a service in its territory, a Schedule entry for that measure taken with respect to Article 10.2 (National Treatment), 10.3 (Most-Favored-Nation Treatment), or 10.5 (Local Presence) shall operate as a Schedule entry with respect to Article 9.3 (National Treatment), 9.4 (Most-FavoredNation Treatment), or 9.9 (Performance Requirements) to the extent of that measure.

Annex I SCHEDULE OF NICARAGUA

EXPLANATORY NOTES

1. The Schedule of Nicaragua to this Annex sets out, pursuant to Articles 9.13 (NonConforming Measures) and 10.6 (Non-Conforming Measures), Nicaragua’s existing measures that are not subject to some or all of the obligations imposed by:

(a) Articles 9.3 (National Treatment) or 10.2 (National Treatment);

(b) Articles 9.4 (Most-Favored-Nation Treatment) or 10.3 (Most-Favored-Nation Treatment);

(c) Article 10.5 (Local Presence);

(d) Article 9.9 (Performance Requirements);

(e) Article 9.10 (Senior Management and Boards of Directors); or

(f) Article 10.4 (Market Access).

2. Each Schedule entry sets out the following elements:

(a) Sector refers to the sector for which the entry is made;

(b) Obligations Concerned specifies the obligation(s) referred to in paragraph 1 that, pursuant to Articles 9.13 (Non-Conforming Measures) and 10.6 (NonConforming Measures), do not apply to the listed measure(s);

(c) Level of Government indicates the level of government maintaining the listed measure(s);

(d) Measures identify the laws, regulations, or other measures for which the entry is made. A measure cited in the Measures element:

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

(ii) includes any subordinate measure adopted or maintained under the authority of and consistent with the measure; and

(e) Description sets out commitments, if any, for liberalization on the date of entry into force of the Agreement, and the remaining non-conforming aspects of the existing measures for which the entry is made. 

3. In the interpretation of a Schedule entry, all elements of the entry shall be considered. An entry shall be interpreted in light of the relevant provisions of the Chapters against which the entry is made. To the extent that:

(a) the Measures element is qualified by a liberalization commitment from the Description element, the Measures element as so qualified shall prevail over all other elements; and

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

4. In accordance with Article 9.13 (Non-Conforming Measures) and 10.6 (Non-Conforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an entry shall not apply to the law, regulation, or other measure identified in the Measures element of that entry.

5. Where a Party maintains a measure that requires that a service provider be a citizen as a condition to the provision of a service in its territory, a Schedule entry for that measure taken with respect to Article 10.2 (National Treatment), 10.3 (Most-Favored-Nation Treatment), or 10.5 (Local Presence) shall operate as a Schedule entry with respect to Article 9.3 (National Treatment), 9.4 (Most-Favored-Nation Treatment), or 9.9 (Performance Requirements) to the extent of that measure.

6. For greater certainty, Article 10.4 (Market Access) refers to non-discriminatory measures.

Annex I SCHEDULE OF PANAMA

EXPLANATORY NOTES

1. The Schedule of Panama to this Annex sets out, pursuant to Articles 9.13 (NonConforming Measures) and 10.6 (Non-Conforming Measures), Panama's existing measures that are not subject to some or all of the obligations imposed by:

(a) Article 9.3 (National Treatment) or 10.2 (National Treatment);

(b) Article 9.4 (Most-Favored-Nation Treatment) or 10.3 (Most-Favored-Nation Treatment);

(c) Article 10.5 (Local Presence);

(d) Article 9.9 (Performance Requirements);

(e) Article 9.10 (Senior Management and Boards of Directors); or

(f) Article 10.4 (Market Access).

2. Each reservation sets out the following elements:

(a) Sector refers to the sector for which the entry is made;

(b) Sub-Sector refers to the specific sector in which the entry is made;

(c) Obligations Concerned specifies the obligations referred to in paragraph 1 that, pursuant Articles 9.13 (Non-Conforming Measures) and 10.6 (NonConforming Measures), do not apply to the non-conforming aspects of the law, regulation, or other measure;

(d) Measure identifies a law, regulation or other measure for which the entry is made. A measure cited in the Measure element:

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

ii. includes a subordinate measure adopted or maintained under the authority of and consistent with the measure; and

(e) Description provides an overview of the measures. 

3. In the interpretation of a Schedule entry, all elements of the entry shall be considered. An entry shall be interpreted in light of the relevant articles of the Chapters against which the entry is made. To the extent that:

(a) the Measures element is qualified by a liberalization commitment from the Description element, the Measures element as so qualified shall prevail over all other elements; and

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

4. In accordance with Articles 9.13 (Non-Conforming Measures) and 10.6 (NonConforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an entry, do not apply to law, regulation or other measure identified in the Measures element of that entry.

5. Where Panama maintains a measure that requires a service provider be a citizen, permanent resident or resident of its territory as a condition to the provision of a service in its territory, a reservation for that measure taken with respect to Article 10.2 (National Treatment), 10.3 (Most-Favored-Nation) or 10.5 (Local Presence) operates as a reservation with respect to Article 9.3 (National Treatment), 9.4 (Most-Favored-Nation) or 9.9 (Performance Requirements) to the extent of that measure.

6. For the purposes of this Agreement, Panama understands that: fishing and related activities in Panamanian jurisdictional waters shall not be considered service and therefore need not be listed in Annexes I and II with respect to the obligations of Chapter 10 (Cross-Border Trade in Services).

Annex II: Non-Conforming Measures of Services and Investment

Annex II SCHEDULE OF KOREA

EXPLANATORY NOTE

1. The Schedule of Korea to this Annex sets out, pursuant to Articles 9.13 (NonConforming Measures) and 10.6 (Non-Conforming Measures), the specific sectors, subsectors, or activities for which Korea may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:

(a) Article 9.3 (National Treatment) or 10.2 (National Treatment);

(b) Article 9.4 (Most-Favored-Nation Treatment) or 10.3 (Most-FavoredNation Treatment);

(c) Article 10.4 (Market Access);

(d) Article 10.5 (Local Presence);

(e) Article 9.9 (Performance Requirements); or

(f) Article 9.10 (Senior Management and Boards of Directors).

2. Each Schedule entry sets out the following elements:

(a) Sector refers to the sector for which the entry is made;

  • 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