Central America Republics - Korea, Republic of FTA (2018)
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The Parties agree to examine carefully any application for initiation of an anti-dumping investigation on an originating good from the other Party and on which anti-dumping measures have been terminated in the previous 12 months as a result of a review.

Article 7.14. DISPUTE SETTLEMENT

Neither Party shall have recourse to Chapter 22 (Dispute Settlement) for any matter arising under this Section.

Section C. Definitions

Article 7.15. DEFINITIONS

For the purposes of this Chapter:

bilateral safeguard measure means a measure described in Article 7.1;

competent authority means:

(a) for Korea, the Korea Trade Commission or, the Ministry of Strategy and Finance;

(b) for Costa Rica, the Trade Remedies Directorate (Dirección de Defensa Comercial) of the Ministry on Economy, Industry and Commerce (Ministerio de Economía, Industria y Comercio);

(c) for El Salvador, the Trade Agreements Administration Bureau (Dirección de Administración de Tratados Comerciales) of the Ministry of Economy (Ministerio de Economía);

(d) for Honduras, the Directorate General of Administration and Negotiation of Agreements (Dirección General de Administración y Negociación de Tratados) of the Secretary of State in the Office of Economic Development (Secretaría de Estado en el Despacho de Desarrollo Económico);

(e) for Nicaragua, the Directorate of Application and Negotiation of Trade Agreements (Dirección de Aplicación y Negociación de Acuerdos Comerciales) of the Ministry of Development, Industry and Commerce (Ministerio de Fomento, Industria y Comercio); and

(f) for Panama, the National Directorate for International Trade Agreement Administration and Commercial Defense (Dirección Nacional de Administración de Tratados Comerciales Internacionales y Defensa Comercial) of the Ministry of Commerce and Industries (Ministerio de Comercio e Industrias), or their successors;

domestic industry means, with respect to an imported good, the producers as a whole of the like or directly competitive good operating in the territory of a Party, or those whose collective output of the like or directly good constitutes a major proportion of the total domestic production of that good;

global safeguard measure means a measure applied under Article XIX of GATT 1994 and the Safeguards Agreement;

serious injury means a significant overall impairment in the position of a domestic industry;

substantial cause means a cause that is important and not less than any other cause;

threat of serious injury means serious injury that, on the basis of facts and not merely on allegation, conjecture, or remote possibility, is clearly imminent; and

transition period means the 10-year period following the date of entry into force of this Agreement, except that for any good for which the Schedule to Annex 2-B (Elimination of Customs Duties) of the Party applying the safeguard measure, provides for the elimination of its tariffs on the good over a period of 10 or more years, transition period means the tariff elimination period for the good set out in that schedule plus three years.

Chapter 8. GOVERNMENT PROCUREMENT

Article 8.1. GENERAL PROVISIONS

1. The Parties recognize that this Chapter will contribute to expand bilateral trading opportunities in each Party’s government procurement market.

2. The Parties recognize their shared interest in promoting the effective, reciprocal and progressive opening of government procurement markets. The Parties will endeavor to cooperate bilaterally on procurement matters.

Article 8.2. SCOPE

1. This Chapter shall apply to any measure of a Party regarding covered procurement.

2. For the purposes of this Chapter, covered procurement means a government procurement of goods, services or any combination thereof for governmental purposes:

(a) not procured with a view to commercial sale or resale, or for use in the production or supply of goods or services for commercial sale or resale;

(b) by any contractual means, including purchase, lease, and rental or hire purchase, with or without an option to buy;

(c) for which the value, as estimated in accordance with paragraphs 5 and 6 equals or exceeds the relevant threshold specified by each Party in Annex 8-A at the time of publication of a notice in accordance with Article 8.6;

(d) by a procuring entity; and

(e) that is not otherwise excluded from coverage by this Chapter; and subject to the conditions specified in Annex 8-A.

3. This Chapter shall not apply to:

(a) the acquisition or rental of land, existing buildings, or other immovable property or rights thereon;

(b) non-contractual agreements or any form of assistance (1) that a Party provides, including cooperative agreements, grants, loans, equity infusions, guarantees, fiscal incentives, subsidies, government provision of goods and services to state, regional, or local government entities; 

(c) the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions, or services related to the public debt, including loans and government bonds, notes and other securities;

(d) public employment contracts and related measures;

(e) procurement conducted:

(i) under the particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory countries of a project; or

(ii) under the particular procedure or condition of an international organization, or funded by international grants, loans, or other assistance where the applicable procedure or condition would be inconsistent with this Chapter; and

(f) procurement for the specific purpose of providing international assistance, including development aid.

4. Where legislation of a Party allows a covered procurement to be carried out on behalf of the procuring entity by other entities or persons not listed in the Annex 8-A, the provisions of the Article 8. 4 shall equally apply, mutatis mutandis.

Valuation of Contracts

5. In estimating the value of a procurement for the purposes of ascertaining whether it is a covered procurement, a procuring entity shall:

(a) neither divide a procurement into separate procurements nor use a particular valuation method for estimating the value of a procurement with the intention of totally or partially excluding it from the application of this Chapter;

(b) include the estimated maximum total value of the procurement over its entire duration, whether awarded to one or more suppliers, taking into account all forms of remuneration, including:

(i) premiums, fees, commissions, and interest; and

(ii) where the procurement provides for the possibility of option clauses, the estimated maximum total value of the procurement, inclusive of optional purchases; and

(c) where the procurement is to be conducted in multiple parts, with contracts to be awarded at the same time or over a given period to one or more suppliers, base its calculation of the total maximum value of the procurement over its entire duration. 

6. Where the estimated maximum total value of a procurement over its entire duration is not known, the procurement shall be covered by this Chapter.

(1) For greater certainty, this Chapter shall not apply to a procurement in furtherance of human feeding programs.

Article 8.3. EXCEPTIONS

1. Subject to the requirement that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination between the Parties where the same conditions prevail or a disguised restriction on trade between the Parties, nothing in this Chapter shall be construed to prevent a Party from adopting or maintaining measures:

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

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

(c) necessary to protect intellectual property; or

(d) relating to goods or services of persons with disabilities, philanthropic institutions, or prison labor.

2. The Parties understand that paragraph 1(b) includes environmental measures necessary to protect human, animal, or plant life or health.

Article 8.4. GENERAL PRINCIPLES

National Treatment and Non-Discrimination

1. With respect to any measure covered by this Chapter, each Party, including its procuring entities, shall accord to the goods and services of the other Party and to the suppliers of the other Party offering such goods or services, treatment no less favourable than that accorded to domestic goods, services and suppliers.

2. With respect to any measure regarding covered procurement, a Party, including its procuring entities, shall not:

(a) treat a locally established supplier less favorably than another locally established supplier on the basis of degree of foreign affiliation or ownership; or

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

Measures Not Specific to Procurement

3. The provisions of paragraphs 1 and 2 shall not apply to customs duties and charges of any kind imposed on, or in connection with, importation, the method of levying such duties and charges, other import regulations or formalities, and measures affecting trade in services other than measures governing covered procurement.

Use of Electronic Means

4. When conducting covered procurement by electronic means, a procuring entity shall:

(a) ensure that the procurement is conducted using information technology systems and software, including those related to authentication and encryption of information, that are generally available and interoperable with other generally available information technology systems and software; and

(b) maintain mechanisms that ensure the integrity of requests for participation and tenders, including establishment of the time of receipt and the prevention of inappropriate access.

Prohibition of Offsets

5. Subject to the exceptions contained in this Chapter or the annexes pertaining thereto, a Party, including its procuring entities, shall not seek, take account of, impose, or enforce offsets at any stage of a covered procurement.

Rules of Origin

6. For the purposes of covered procurement, each Party shall not apply rules of origin to goods or services imported from or supplied from the other Party that are different from the rules of origin the Party applies at the same time in the normal course of trade to imports or supplies of the same goods or services.

Conduct of Procurement

7. A procuring entity shall conduct covered procurement in a transparent and impartial manner that:

(a) is consistent with this Chapter, using methods such as open tendering, selective tendering and limited tendering;

(b) avoids conflicts of interest; and

(c) prevents corrupt practices.

Article 8.5. PUBLICATION OF PROCUREMENT INFORMATION AND MEASURES

Each Party shall promptly publish its procurement laws, regulations, procedures, administrative rulings of general application relating to covered procurements, and any changes or additions to this information, in electronic or paper media that are widely disseminated and remain accessible to the public, and provide, if so requested by the other Party further information concerning their application.

Article 8.6. NOTICES

Notice of Intended Procurement

1. For each covered procurement, except in the circumstances described in Article 8.11, a procuring entity shall publish a notice inviting interested suppliers to submit tenders or, where appropriate, applications for participation in the procurement. Any such notice shall be published in an electronic or paper medium that is widely disseminated and readily accessible to the public free of charge for the entire period established for tendering. Each Party shall encourage procuring entities to publish notices of intended procurement in a single point of entry electronic publication that is accessible through the Internet or a comparable network.

2. Except as otherwise provided in this Chapter, each notice of intended procurement shall include:

(a) the name and address of the procuring entity and other information necessary to contact such entity and obtain all relevant documents relating to the procurement, and their cost and terms of payment, if any;

(b) a description of the procurement, including the nature and the quantity of the goods or services to be procured or, where the quantity is not known, the estimated quantity;

(c) the procurement method that will be used and whether it will involve negotiation or electronic auction;

(d) where applicable, the address and any final date for the submission of requests for participation in the procurement; and

(e) the address and the final date for the submission of tenders.

3. The following information shall be made available through electronic means:

(a) for recurring contracts, if possible, an estimate of the timing of subsequent notices of intended procurement;

(b) a description of any options;

(c) the time-frame for delivery of goods or services or the duration of the contract;

(d) a list and brief description of any conditions for participation of suppliers, including any requirements for specific documents or certifications to be provided by suppliers in connection therewith, unless such requirements are included in tender documentation that is made available to all interested suppliers at the same time as the notice of intended procurement;

(e) where, pursuant to Article 8.8, a procuring entity intends to select a limited number of qualified suppliers to be invited to tender, the criteria that will be used to select them and, where applicable, any limitation on the number of suppliers that will be permitted to tender; and

(f) an indication that the procurement is covered by this Chapter.

Notice of Planned Procurement

4. Each Party shall encourage its procuring entities to publish as early as possible in each Party’s fiscal year, a notice regarding their procurement plans for that fiscal year. The notice should, at a minimum, include the subject-matter of the procurement and the planned date of the publication of the notice of the intended procurement according to the legislation of each Party.

Article 8.7. CONDITIONS FOR PARTICIPATION

1. A procuring entity shall limit any conditions for participation in a procurement to those that are essential to ensure that a supplier has the legal, commercial, technical and financial capacities to undertake the relevant procurement.

2. In assessing whether a supplier satisfies the conditions for participation, a procuring entity:

(a) shall evaluate the financial, commercial and technical abilities of a supplier on the basis of that supplier’s business activities both inside and outside the territory of the Party of the procuring entity;

(b) shall base its evaluation solely on the conditions that a procuring entity has specified in advance in notices or tender documentation;

(c) shall not impose the condition that, in order for a supplier to participate in a procurement or be awarded a contract, the supplier has previously been awarded one or more contracts by a procuring entity of that Party or that the supplier has prior work experience in the territory of that Party; and

(d) may require prior experience where essential to meet the requirements of the procurement.

3. Where there is supporting evidence, a Party, including its procuring entities, may exclude a supplier on grounds such as:

(a) bankruptcy;

(b) false declarations;

(c) significant or persistent deficiencies in performance of any substantive requirement or obligation under a prior contract or contracts;

(d) final judgments in respect of serious crimes or other serious offences;

(e) professional misconduct, acts or omissions that adversely reflect on the commercial integrity of the supplier; or

(f) failure to pay taxes.

Article 8.8. REGISTRATION AND QUALIFICATION OF SUPPLIERS

Registration Systems and Qualification Procedures

1. Where a Party, including its procuring entities, requires suppliers to register or pre-qualify before being permitted to participate in a covered procurement, that Party, including its procuring entities, shall ensure that a notice inviting suppliers to apply for registration or pre-qualification is published in adequate time to enable interested suppliers to initiate and, to the extent that it is compatible with the efficient operation of the procurement process, complete the registration and/or qualification procedures.

Selective Tendering

2. Where a Party’s law allows the use of selective tendering procedures, a procuring entity shall, for each intended procurement:

(a) publish a notice inviting suppliers to apply for participation in the procurement sufficiently in advance to provide interested suppliers time to prepare and submit applications and for the entity to evaluate, and make its determinations based on such applications; and

(b) allow all domestic suppliers and suppliers of the other Party that the entity has determined satisfy the conditions for participation to submit a tender, unless the entity has stated in the notice of intended procurement or, where publicly available, in the tender documentation, a limitation on the number of suppliers that will be permitted to tender and the criteria for such a limitation.

Lists of Suppliers

3. A procuring entity may establish a list of suppliers, provided that the entity annually publishes or otherwise makes available continuously in electronic form a notice inviting interested suppliers to apply for inclusion on the list. A notice inviting suppliers to apply for inclusion in a list of suppliers, shall include the name and address of that competent or procuring entity and other information necessary to contact the entity and obtain all relevant information and document relating to inclusion in the list. Entities shall make available:  

(a) a description of the goods and services, or categories thereof, for which the list may be used;

(b) the conditions for participation to be satisfied by suppliers and the methods that the procuring entity will use to verify a supplier’s satisfaction of those conditions; and

(c) the period of validity of the list and the means for its renewal or termination, or where the period of validity is not provided, an indication of the method by which notice will be given of the termination of use of the list.

4. A procuring entity shall allow suppliers to apply at any time for inclusion on a list of suppliers and shall include on the list all qualified suppliers within a reasonably short time.

5. Where a supplier that is not included on a list of suppliers submits a request for participation in a procurement based on a list of suppliers and all required documents relating thereto, within the time-period provided for in Article 8.9, a procuring entity shall examine the request if it is determined to be a qualifying supplier, provided there is sufficient time to fulfill the conditions for participation, unless, in exceptional cases, due to the complexity of the procurement, that entity is not able to complete the examination of the request within the time-period allowed for the submission of tenders.

Article 8.9. TIME PERIODS

1. A procuring entity shall provide suppliers sufficient time to submit applications to participate in a covered procurement, and prepare and submit responsive tenders, taking into account the nature and complexity of the procurement.

2. If a procuring entity that uses selective tendering establishes a final date for the submission of requests for participation, it shall set a reasonable deadline allowing sufficient time for interested suppliers to fulfil the formal requirements for participation in the tender. Under no circumstance shall this time-period be less than 10 days.

3. Except as provided for in paragraphs 4 and 5, a procuring entity shall establish that the final date for the submission of tenders shall not be less than 40 days from the date on which:

(a) in the case of open tendering, the notice of intended procurement is published; or

(b) in the case of selective tendering, the entity notifies suppliers that they will be invited to submit tenders whether or not it uses a list of suppliers.

4. A procuring entity may reduce the time-period for tendering set out in paragraph 3 to not less than 10 days where:

(a) the procuring entity has published a notice in an electronic medium listed in Annex 8-C, containing the information specified in Article 8.6.4 at least 40 days and not more than 12 months in advance;

(b) in the case of the second or subsequent publication of notices for procurement of a recurring nature;

(c) a state of urgency duly substantiated by the procuring entity renders such time-period impracticable; or

(d) a procuring entity procures commercial goods and services that are sold or offered for sale to, and customarily purchased and used by, nongovernmental buyers for non-governmental purposes.

5. A procuring entity may reduce the time-period for tendering set out in paragraph 3 by five days for each one of the following circumstances:

(a) the notice of intended procurement is published by electronic means;

(b) all the tender documentation is made available by electronic means from the date of the publication of the notice of intended procurement; and

(c) the tenders may be received by electronic means by the procuring entity.

6. The use of paragraph 5, in conjunction with paragraph 4, shall in no case result in the reduction of the time-period for tendering set out in paragraph 3 to less than 10 days from the date on which the notice of intended procurement is published. 

Article 8.10. INFORMATION ON INTENDED PROCUREMENTS

Tender Documentation

1. A procuring entity shall promptly provide to any supplier interested in participating in a procurement tender documentation that includes all information necessary to permit suppliers to prepare and submit responsive tenders.

2. Unless already provided in the notice of intended procurement, such documentation shall include a complete description of:

(a) the procurement, including the nature and the quantity of the goods or services to be procured or, where the quantity is not known, the estimated quantity and any requirements to be fulfilled, including any technical specifications, conformity assessment certification, plans, drawings or instructional materials;

(b) any conditions for participation of suppliers, including any financial guarantees, information, and documents that suppliers are required to submit; 

(c) all evaluation criteria to be considered in the awarding of the contract, and, except where price is the sole criterion, the relative importance of such criteria;

  • 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