Article 13.06. Measures Related to Standardization
1. Each Party shall ensure that its measures relating to the normalization relating to the attachment of terminal or other equipment to the public telecommunications networks, including those measures relating to the use of measuring equipment for testing and conformity assessment procedure, are adopted or maintained only to the extent necessary to:
a) Technical prevent damage to public telecommunications networks;
b) Technical prevent interference with public telecommunications services, or deterioration;
c) Prevent electromagnetic interference, and ensure compatibility with other uses of spectrum;
d) Prevent the malfunctioning of valuation, collection and invoicing;
e) User ensuring safety and access to public telecommunications networks or services; or
f) To ensure the efficient use of spectrum.
2. Each Party may establish the approval requirement for the attachment to the public telecommunications network of terminal or other equipment that is not authorized, provided that the criteria for approval are consistent with paragraph 1.
3. Each Party shall ensure that the endpoints of public telecommunications networks are defined on a reasonable and transparent basis.
4. Neither party may require separate authorization for equipment that is connected on customer side of the authorized equipment that serves as a protective device fulfilling the criteria of paragraph 1.
5. Each Party shall:
a) Ensure that its conformity assessment procedures are transparent and non-discriminatory and that applications filed in effect are diligently processed;
b) Permit any technically qualified entity to perform the required testing to terminal equipment or other equipment to be attached to the public telecommunications network, in accordance with the conformity assessment procedures of that Party, subject to the right of the same to review the accuracy and completeness of the test results; and
c) It shall ensure that are not discriminatory measures it adopts or maintains to authorize individuals as agents for suppliers of telecommunications equipment before the competent authorities of that Party for conformity assessment.
6. When conditions permit, each Party shall endeavour to adopt, as part of its conformity assessment procedures, the provisions necessary to accept the test results from laboratories or testing facilities in the territory of the other party, in accordance with the measures and procedures relating to the standardization of the Party to which it relates to accept.
Article 13.07. Monopolies or Anticompetitive Practices
1. Where a party maintains or designates a monopoly or a main provider or incumbent operator to provide public telecommunications networks and services and it competes directly or through a branch in the provision of enhanced or other goods or services associated with telecommunications, that Party shall seek to ensure that monopoly, the main provider or incumbent operator does not use its position to engage in anticompetitive practices in these markets, either directly or through its dealings with its subsidiaries, so that affects desventajosamente to a person of the other party. Such practices may include predatory conduct and cross-subsidization or discrimination in access to public telecommunications networks and services.
2. Each Party shall adopt or maintain effective measures to prevent anticompetitive conduct referred to in paragraph 1, such as:
a) Accounting requirements;
b) Requirements for structural separation;
c) Rules to ensure that monopoly, the main provider or incumbent operator accorded to its competitors access to and use of their networks or its public telecommunications services on terms and conditions no less favourable than those it accords to itself or its affiliates; or
d) Rules for the timely disclosure of technical changes to public telecommunications networks and their interfaces.
Article 13.08. Transparency
In addition to the provisions of article 18.03 (publication), each Party shall make publicly available its measures relating to access to public telecommunications networks or services and its use, including measures relating to:
a) Price or tariffs and other terms and conditions of service;
b) Technical specifications of interfaces with such networks and services;
c) Information on bodies responsible for the preparation and adoption of standards affecting such access and use;
d) Conditions for the attachment of terminal or other equipment to public telecommunications networks; and
e) Notification requirements, licensing or permit registration certificate concession.
Article 13.09. Relationship to other Chapters
In the event of incompatibility between any provision of this chapter and any other provision of the chapter shall prevail to the extent of the inconsistency.
Article 13.10. Relationship with Organizations and International Treaties
The Parties recognise the importance of international standards for global compatibility and interoperability of networks or telecommunications services and undertake to promote such standards through the work of relevant international bodies, including the International Telecommunication Union and the International Organization for Standardization and the Inter-American Commission telecommunications.
Article 13.11. Technical Cooperation and other Consultations
1. In order to encourage the development of interoperable telecommunications services, the Parties shall cooperate in the exchange of technical information in the development of training programs and other related intergovernmental activities. In pursuance of this obligation, the Parties shall put special emphasis to existing exchange programs.
2. The Parties shall consult with a view to determining the feasibility of further liberalizing trade in services, including all telecommunications networks and services telecomuni caciones.
Chapter 14. TEMPORARY ENTRY OF BUSINESS PERSONS
Article 14.01. Definitions
1. For purposes of this chapter:
Business activities: activities legitimate commercial nature established and operated in order to gain market. Does not include the possibility of obtaining employment and wages or remuneration from a source of employment in the territory of a party;
Labour: the certification procedure conducted by the competent administrative authority to determine whether a national of a party who seeks temporary entry into the territory of the other party, displaces domestic labour force in the same sector or significantly affects the working conditions;
Temporary entry means business entry by a person of a Party in the territory of the other party without the intent to establish permanent residence;
National: "National" as defined in Chapter 2 (General definitions), but does not include a permanent residents or permanent residents;
National business means a person who is engaged in trade in goods or services or investment activities; and
Recurrent practice: a practice carried out by the immigration authorities in the form of a Party representative repetitive during a period immediately preceding and the implementation of the same.
2. For purposes of Annex: 14.04:
Executive functions: those functions within an organization under which the person is primarily the following responsibilities:
a) The direct management of the organization or a component or function within it;
b) Establishing the policies and objectives of the Organization, component or function; or
c) Receiving supervision or general direction from only executives in a higher level, the Board of Directors or the Administrative Council of the Organization or shareholders;
Managerial functions: those functions within an organization under which the person is primarily the following responsibilities:
a) Managing the organization or an essential function within it;
b) Supervising and controlling the work of other professional employees, supervisors or administrators;
c) Having the authority to dismiss or to engage and recommend these actions, as well as other over the handling of personnel being directly supervised by that person and to perform functions within the Organization senior hierarchy or functions related to his position; or
d) Implementing actions under its discretion with regard to the daily operation of the function over which this person has the authority; and
Functions involving know-how: those functions involving a special knowledge of the goods, services, research, equipment, techniques and administration of the Organization or its interests and its implementation in international markets, or an advanced level of expertise or experience in processes and procedures of the Organization.
Article 14.02. General Principles
In addition to the provisions of article 0102 (objectives), this chapter reflects the preferential trading relationship between the parties; the desirability of facilitating entry
Under the principle of reciprocity and temporary basis to establish transparent criteria and procedures for this purpose. It also reflects the need to ensure border security and to protect the domestic labour force and permanent employment in their respective territories.
Article 14.03. General Obligations
1. Each Party shall apply its measures relating to the provisions of this chapter in accordance with article 14.02 and in particular the apply expeditiously to avoid undue hardship or delay trade in goods or services or investment activities under this Treaty.
2. The Parties shall endeavour to develop and adopt common standards, definitions and interpretations for the implementation of this chapter.
Article 14.04. Temporary Entry Authorization
1. In accordance with the provisions of this chapter including those contained in annex 14.04: and 14.04: (1), each Party shall grant temporary entry to business persons who meet the other applicable measures relating to public health and safety and national security.
2. A Party may deny entry to a temporary business person where the temporary entry adversely affecting:
a) The settlement of any labour dispute in progress at the place or intended to be used; or
b) The employment of any person who is involved in such dispute.
3. When a party refuses to temporary entry in accordance with paragraph 2, that Party:
a) It shall inform in writing the reasons for the refusal to the business person affected; and
b) Shall without delay and in writing of the reasons for the refusal to the Party in whose national refused entry.
4. Each Party shall limit the amount of fees for processing applications for temporary entry to the approximate cost of services rendered.
5. An authorization of temporary entry under this chapter does not replace the requirements needed to carry out a profession or activity according to the specific rules in force in the territory of the party authorizing the temporary entry.
Article 14.05. Provision of Information
1. In addition to the provisions of article 18.03 (publication), each Party shall:
a) The other party to provide information materials to know the measures relating to this chapter; and
b) Not later than one (1) year after the date of entry into force of this Treaty, shall publish and make available in its own territory and the other party a consolidated document with materials explaining the requirements for temporary entry under this chapter to know the business persons of the other party.
2. Each Party shall collect and maintain and make available to the other party information regarding the granting of temporary entry of authorisations under this chapter to the other party of business persons who have been issued immigration documentation. This compilation shall include information for each category authorised.
Article 14.06. Dispute Resolution
1. A Party may not initiate proceedings under article 20.06 (consultations) regarding a refusal of authorisation of temporary entry under this chapter or a particular case falling under article 14.03 unless:
a) The case concerns a recurrent practice; and
b) The person affected business have exhausted the available administrative remedies regarding the particular matter.
2. The remedies referred to in paragraph 1 (b) shall be deemed to be exhausted if the competent authority has issued a final decision within six (6) months from the start of the administrative procedure, and resolution is not attributable to delay caused by the business person.
Article 14.07. Relationship to other Chapters
Except as provided in this chapter and initial provisions) (chapters 1, 2 (General definitions), 19 (Administration of the Agreement) and 22 (Final provisions), and articles (18.02 Information Centre), 18.03 (publication), 18.04 (provision of information) and 18.06 (administrative proceedings for the adoption of measures of general application), no provision of this Agreement shall impose any obligation on a Party regarding its immigration measures.
Chapter 15. COMPETITION, MONOPOLIES AND STATE-OWNED ENTERPRISES POLICY
Section A. Competition Policy
Article 15.01. Cooperation
1. The Parties shall ensure that the benefits of this treaty are not undermined by anticompetitive business practices. Similarly, endeavour to move towards the adoption of common provisions to prevent such practices.
2. Furthermore, the Parties shall endeavour to establish mechanisms to facilitate and promote the development of competition policy and ensure the implementation of the rules on competition between and within the parties to avoid negative effects of anti-competitive business conduct in the Free Trade Area.
Article 15.02. Future Work Programme
Within two (2) years of the entry into force of this Treaty, the Parties shall, in accordance with its specific legislation on the matter, the possibility to develop and expand the content of this chapter within the limits laid down in this legislation. In this context, the development and expansion of the content of this chapter shall be conducted with particular reference to practices which have as their object or effect unduly damages or any action that prevents the process of free economic competition and free competition in the production, processing, marketing, distribution or supply of goods or services.
Section B. State Monopolies and Enterprises
Article 15.03. Monopolies and State-owned Enterprises
1. Nothing in this Treaty shall be construed as preventing the parties designate or maintain a monopoly or State enterprises, provided that its law so permits.
2. If its law so permits, when a party intends to designate a monopoly and the designation of persons may affect the interests of the other party, the Party:
a) Wherever possible, shall notify the designation to the other party, in advance and in writing; and
b) At the time of the designation, endeavour to introduce in the operation of the monopoly as will minimize or eliminate any nullification or impairment of benefits.
3. If its law so permits, each Party shall ensure that any monopoly that the Party shall designate or maintain any enterprise or state:
a) Acts in a manner that is consistent with the obligations of the Parties in this Treaty, when such a monopoly exercises regulatory powers, administrative or other governmental functions that the Party has delegated to it in connection with the monopolized good or service, such as the power to grant import or export permits, approve or commercial transactions, fees impose quotas or other charges;
b) Accord non-discriminatory treatment to investments of investors, to service providers of goods and to the other party to buy and sell monopolized the good or service in the relevant market; and
c) Does not use its monopoly position to carry out anti-competitive practices that adversely affect an investment of an investor of the other Party, directly or indirectly.
4. Paragraph 3 does not apply to the procurement of goods or services by government agencies, for governmental purposes and without the intent of commercial resale or use in the production of goods or the supply of services for commercial sale.
Part VI. Procurement
Chapter 16. Procurement
Article 16.01. Definitions
For purposes of this chapter:
Special conditions: countervailing measures that impose or an entity shall take into account before or during the procurement procedure to encourage local development or improve balance of payments accounts by means of local content requirements, licensing of the use of technology, investments, counter-trade or similar requirements;
Government procurement means any type of procurement of goods, services or works or procurement of goods, services and works jointly referred to in the respective laws and conducted by public entities of the Parties;
Entities: all public entities of the Parties, except those specified in annex 16.01;
Technical specification: one which lays down the characteristics of goods or related processes and production methods, or the characteristics of a service or their related methods of operation and the characteristics of the works to be carried out. It may also include or deal exclusively with matters relating to terminology, symbols, packaging, marking or labelling process applicable to goods, or production method or operation;
Privatisation means a process by which a public entity is no longer subject to the control of the State, through public supply of actions of the entity or other methods, referred to in their respective laws; and
Supplier means a person of a Party that has provided, provides or could provide goods or services in accordance with this chapter.
1. The objective of this chapter is to create and maintain a single market of public procurement with the aim of maximizing business opportunities for suppliers and reducing trade costs of the public and private sectors of the Parties.
2. In order to achieve this objective, each Party shall:
a) That suppliers of the other Party to participate on an equal footing in public procurement;
b) The principles of non-discrimination and transparency in public procurement in accordance with this chapter; and
c) The development of mechanisms for cooperation and technical assistance.
3. Except as provided in annexes and 16.01 16.02, this chapter applies to procurements covered by the respective laws of the Parties and make its entities concerning:
a) Goods;
b) Services, subject to the provisions of the annexes of eleven chapters (cross-border trade in services) and 12 (Financial Services); and
c) Public works.
4. This chapter does not apply to procurements undertaken by the Panama Canal Authority or its successor.
5. Notwithstanding paragraph 3 (b), this chapter shall not apply to:
a) Subsidies or grants provided by a party or a state enterprise, including loans, guarantees and insurance supported by a party; and
b) Government services or functions such as law enforcement services, social rehabilitation, pension or unemployment insurance or social security services, social welfare, education, training and public health care or protection of children.
1. The parties agree to the following rights and obligations pursuant to this chapter:
a) Implementation of the measures regarding government procurement, while respecting the principles of transparency and non-discrimination, as well as the other provisions in this chapter;
b) To ensure maximum simplicity and advertising in the implementation of actions of public procurement;
c) Maintenance and promotion of business opportunities in public procurement for suppliers of the other party; and
d) Does not apply to a measure that:
i) Is discriminatory;
ii) Arbitrary; or
iii) Has the effect of denying equal access or opportunity to a supplier of the other party.
2. Nothing in this chapter shall prevent a party to develop a new recruitment policy, provided that this does not contravene the provisions of this chapter.
1. With respect to procurement by all entities through procurement procedures, except direct recruitment, each Party shall accord to the goods and services suppliers of the other party treatment no less favourable than that accorded to its own like similar goods and services suppliers of goods and similar services.
2. Without prejudice to the foregoing, in public procurement procedures that use other than those set out in paragraph 1, the Parties shall take the necessary measures that are reasonably available to it to ensure compliance with the obligations under article 16.03 (1) (d).
3. Each Party shall ensure that its entities do not require special conditions to countervailing suppliers of the other Party to participate in the procurement.
4. This article shall not apply to measures concerning customs duties or on other charges of any kind or in connection with the method of importation; levying charges or such other duties and import regulations, including restrictions and formalities.
Article 16.05. Technical Specifications
Each Party shall ensure that its entities do not develop, adopt or apply technical specifications which have the purpose or effect of creating unnecessary obstacles to trade.
Article 16.06. Denial of Benefits
Subject to prior notification and consultation in accordance with articles 18.04 (provision of information) and 20.06 (consultations), a Party may deny the benefits of this chapter to a service supplier of the other party, when it determines that the service is being provided by an enterprise that has no substantial business activities in the territory of the other party and that, in accordance with the legislation of the other party, is owned or controlled by persons of a non- party.
Article 16.07. Challenge Procedures
1. Each Party shall maintain or establish, where they do not exist, avoidance proceedings in administrative and judicial allow, at the request of an affected supplier of the other party, the review of administrative decisions affecting procurements covered by this chapter.
2. Each Party shall ensure that:
a) Challenge procedures are timely, transparent and consistent with the principle of non-discrimination, which is granted the right of hearing to suppliers who may be represented and accompanied; and submit any mode of proof recognised by the legislation of the Party, access to the proceedings, which shall be held in public unless for reasons of legal limiting advertising; and
b) Resolutions shall deliver a written and reasoned in law, disseminating them to suppliers means established by the legislation of the party.
Article 16.08. Modifications to Coverage
1. Except as provided in paragraph 4 of Article 16.02 The Parties shall consult, at the request of any of them to examine the possibility of incorporating the scope of application of this chapter the entities listed in annex 16.01.