2. The Parties shall adopt these agreements subject to article 19.01 (3) (b) (commission administering the treaty).
Article 16.09. Privatization
1. Nothing in this chapter shall be construed as preventing a party to privatise an entity covered in this chapter. In such cases, the other party may not require compensation.
2. Privatized entities shall not be subject to the implementation of this chapter.
Article 16.10. Information Technology
1. The Parties shall, as far as possible, use electronic means of communication to permit efficient dissemination of information on Government Procurement, in particular those relating to business opportunities offered by entities.
2. With the aim of reaching an enlarged market of public procurement, the Parties shall endeavour to implement an electronic information system and brokerage for their respective entities. The main objective of the system shall consist in the dissemination of business opportunities offered by entities.
3. Notwithstanding paragraphs 1 and 2, the parties shall disseminate procedures established in their respective laws in place of business opportunities offered by entities in the area of public procurement.
Article 16.11. Public Procurement Committee
1. The parties establish a committee on Government Procurement, whose composition stated in annex 16.11.
2. The Committee, without prejudice to article 1905 (2) (Committees), shall have the following functions:
a) Unless the parties otherwise agree, reviewed every two (2) years of the results of the implementation of this chapter;
b) Except as provided in article 16.02 (4), consultations and studies to incorporate the scope of application of this chapter the entities listed in annex 16.01;
c) Coordinate the exchange of statistical information of its public procurement; and
d) Coordinate and promote the development of training programmes for the competent authorities of the Parties.
Article 16.12. Cooperation and Technical Assistance
The Parties shall endeavour to provide technical assistance and cooperation through the development of training programmes with a view to achieving a better understanding of their respective government procurement systems and statistics and better access to their respective markets.
Article 16.13. 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 16.14. Settlement of Disputes
Chapter 20 (dispute settlement) shall not apply in any sense, to measures and / or legal and administrative decisions which exist at any stage of the procurement procedures of the Parties.
Article 16.15. Entry Into Force
This chapter shall apply to eighteen (18) months of the entry into force of this Treaty for the parties.
The classes of public procurement that are excluded from this chapter are the following:
a) Defence procurements of strategic nature and other procurements which relate to national security;
b) Public procurement staff for the performance of the functions of entities;
c) Procurements made with States, regional or multilateral institutions or persons requiring conditions inconsistent with the provisions of this chapter; and
d) Concessions.
The Committee on Government Procurement Committee on Government Procurement established in article 16.11, shall consist of:
a) In the case of Costa Rica, a representative of the Ministry of Foreign Trade or its successor;
b) In the case of El Salvador, the Ministry of Economy, or its successor;
c) In the case of Guatemala, the Ministry of Economy, or its successor; and the Ministry of Public Finance or his successor;
d) In the case of Honduras, Ministry of Industry and Trade, the Office of Comptroller General Directorate of Administrative Integrity and Transparency of the executive unit of government purchases of the Presidential Commission modernisation of the State or its successor;
e) In the case of Nicaragua, the Directorate of Integration and administration of the Ministry of Industry, Trade and Development or its successor, and the Directorate-General for procurements of State of the Ministry of Finance and Public Credit, or its successor; and
f) In the case of Panama, the Ministry of Trade and Industries through the Vice-Ministry of Foreign Trade or its successor, in consultation with the Ministry of Economy and Finance through the Directorate of Public contataciones, or its successor.
Chapter 17. Intellectual Property
Article 17.01. Implementation
The Parties confirm their rights and obligations existing between them in accordance with the TRIPS Agreement.
Article 17.02. Enforcement of Intellectual Property
Each Party shall in its legislation administrative, civil and criminal procedures effective with the aim of reaching an adequate protection of intellectual property rights. All proceedings referred to above shall take into account the due process, in relation to the claimant and the respondent.
Article 17.03. Border Measures
Each Party shall adopt legislation on border measures in accordance with the TRIPS Agreement.
Article 17.04. Transparency of Intellectual Property
The Parties shall notify laws, regulations and the provisions relating to the matter to the Committee on Intellectual Property. The final judicial decisions and administrative rulings of general application are published or otherwise made publicly available to enable Governments and right holders to become aware "primafacie".
Article 17.05.
1. The parties establish a committee on intellectual property as described in annex 17.
2. The Committee shall hear matters relating to this chapter and without prejudice to article 1905 (2) (Committees), shall have a central role to seek the most appropriate measures to implement stipulated in article 17.01, as well as any other tasks assigned to it by the Commission.
Article 17.06. Settlement of Disputes
When a Party requests and consultations so notified to the Committee, it shall facilitate. Where the parties have had recourse to consultations under this article without satisfactory results, they shall constitute consultations under Article 20.06 (consultations), if the parties so agree.
The Committee on Intellectual Property referred to in article 1705, shall consist of:
a) In the case of Costa Rica, a representative of the Ministry of Foreign Trade or its successor;
b) In the case of El Salvador, the Ministry of Economy, or its successor;
c) In the case of Guatemala, the Ministry of Economy, or its successor;
d) In the case of Honduras, the Ministry of Trade and Industry, or its successor;
e) In the case of Nicaragua, the Ministry of Development, Industry and Trade, or its successor; and
f) In the case of Panama, the Ministry of Trade and Industries through the Vice-Ministry of Foreign Trade or its successor.
Part VIII. Administrative and Institutional Provisions
Chapter 18. Transparency
Article 18.01. Definitions
For purposes of this chapter, "Administrative Ruling of general application means an administrative ruling or interpretation that applies to all persons and fact situations that generally fall within its scope, and that establishes a standard of conduct, but does not include:
a) Orders or judgements in administrative procedures applicable to a person, in particular goods or service of the other party in a specific case; or
b) A decision to deal with respect to a particular act or practice.
Article 18.02. Information Center
1. Each Party shall designate a branch or office as an information centre to facilitate communication between the parties on any matter covered by this Treaty.
2. When a party so requests, the Information Centre of the other party shall indicate the office or official responsible for the matter and provide the required support to facilitate communication with the requesting party.
Article 18.03. Publication
Each Party shall ensure that its laws, regulations, procedures and administrative rulings of general application relating to any matter covered by this
Treaty are promptly published or otherwise made available to the parties and to any interested person.
Article 18.04. Provision of Information
1. Each Party shall notify the other party to the extent possible, any existing or proposed measure considers that it might affect or substantially affect the interests of the other party under the terms of this Treaty.
2. Each Party, at the request of the other Party shall provide information and respond promptly to questions pertaining to any existing or proposed measure.
3. Notification and provision of information referred to in this article shall be without prejudice to whether the measure is consistent with this Treaty.
Article 18.05. Hearing, Legality and Due Process Guarantees
Each Party shall ensure that in judicial and administrative procedures concerning the implementation of any measure referred to in article 18.03, shall observe the hearing of the rule of law and due process embodied in their respective laws, within the meaning of articles 18.06 and 18.07.
Article 18.06. Administrative Procedures for the Adoption of Measures of General Application
With a view to administering in a manner consistent and impartial manner and all reasonable measures of general application affecting matters covered in this Treaty, each Party shall ensure that in its Administrative Proceedings applying measures referred to in article 18.03 with respect to persons, in particular goods or services of the other party in specific cases that:
a) Wherever possible, the persons of the other party that are directly affected by a proceeding are in accordance with the internal rules, reasonable notice of the initiation of the same, including a description of the nature, a statement of the legal authority to which it may initiate and a general description of any issues in controversy;
b) When the time, the nature of the proceeding and the public interest, permit such persons a reasonable opportunity to present facts and arguments in support of their claims, prior to any final administrative action; and
c) Its procedures are in accordance with its legislation.
Article 18.07 . Review and Challenge
1. Each Party shall maintain judicial tribunals or procedures or administrative nature according to the legislation of the Parties for the purpose of the prompt review and, where warranted, the correction of final administrative actions regarding matters covered by this Treaty. Such tribunals shall be impartial and shall not be linked with
The office or authority entrusted with administrative and enforcement shall not have any substantial interest in the outcome of the matter.
2. Each Party shall ensure that, before such tribunals or procedures the parties have the right to:
a) A reasonable opportunity to defend or support their respective arguments and evidence; and
b) A decision based on the evidence and arguments presented by the same.
3. Each Party shall ensure that, with respect to the avoidance or subsequent review to which it would apply in accordance with its legislation, these resolutions are implemented by the offices or authorities.
Article 18.08. Communications and Notifications
1. For purposes of this Treaty, all notifications or communications addressed to a Party or by a Party shall be made through its national section of the secretariat, report succinctly of this fact to national sections of the other parties.
2. Except as otherwise provided, shall be delivered a communication or notification by one party from the date of its receipt by the national section of the secretariat of that Party.
Chapter 19. TREATY ADMINISTRATION
Section A. Committee, Subcommittee and Secretariat
Article 19.01. Treaty Administrative Commission
1. The parties to the Treaty establishing the administering commission composed of officials referred to in annex 19.01 (1) or persons to whom they designate.
2. The Commission shall have the following functions:
a) To ensure the fulfillment and correct application of the provisions of this Treaty;
b) Assess the results achieved in the implementation of this Treaty;
c) Monitoring and recommend to the parties any amendments;
d) To resolve disputes that may arise regarding the interpretation or application of this Treaty in accordance with Chapter 20 (dispute settlement);
e) Supervise the work of all committees created or established under this Treaty, pursuant to article 3 (1905); and
f) Consider any other matter that may affect the operation of this Treaty or any other entrusted to it by the parties.
3. The Commission may:
a) Create adhoc or permanent committees or expert groups as required by this Treaty and assign functions;
b) Modify in fulfillment of the objectives of this Treaty.
i) The list of goods of a party contained in annex 3.04 (tariff relief), with the aim of incorporating one or more goods excluded in the tariff relief;
ii) The time-limits set out in annex 3.04 (tariff relief programme), to accelerate tariff relief;
iii) The rules of origin set out in annex 4.03 (specific rules of origin);
iv) The uniform regulations;
v) Incorporate sectors or sub-sectors of services subject to measures of standardization, metrology and authorization procedures in accordance with article 9.12 (g);
vi) Annexes I, II, III and IV of chapter 10 (investment);
vii) Annexes I, II and V of chapter 11 (cross-border trade in services);
vii) Annex VI ( iii) of Chapter 12 (Financial Services); and
ix) The list of entities of a party contained in annex 16.01 (entities), with the aim of incorporating one or more entities to the scope of application of Chapter 16 (Government Procurement).
c) To seek the advice of non-governmental groups or persons without linkage;
d) Develop and adopt regulations required for the implementation of this Treaty; and
e) If the parties so agree, take any other action in the exercise of its functions.
4. The amendments referred to in paragraph 3 (b) shall be implemented by the parties in accordance with annex 19.01 (4).
5. Notwithstanding paragraph 1, the Commission may meet and adopt decisions when representatives of Panama and attend one or more Central American countries on matters of interest to the bilateral parties, provided that it notifies in advance to the other party or parties to participate in the meeting.
6. The decisions adopted by the Commission under paragraph 5, shall not take effect on a party that had not attended the meeting.
7. The Commission may establish its rules and procedures and all decisions shall be taken by consensus.
8. The Committee shall meet at least once a year in regular session and, at the request of any party, in special session. Meetings may be conducted alternating headquarters between the parties. In the case of Central America by each Party shall rotate successively in alphabetical order.
Article 19.02. Treaty Administrative Subcommittee
1. The parties to the Treaty establishing the administering subcommittee consisting of officials referred to in annex 19.02 or persons to whom they designate.
2. The Sub-Commission administering the treaty shall have the following functions:
a) Prepare and revise the technical files required for decisions within the framework of the Treaty;
b) Follow up on any decisions taken by the Commission;
c) Without prejudice to article 19.01 (2), may also supervise the work of all committees and sub-committees expert groups established under this Treaty in accordance with article 3 (1905); and
d) Consider any other matter that may affect the operation of this Treaty which is entrusted to it by the Commission.
3. The Commission may establish rules and procedures for the proper functioning of the Subcommittee administering the Treaty.
Article 19.03. Secretariat
1. The Commission shall establish and oversee a secretariat comprising national sections.
2. Each Party shall:
a) Shall designate a permanent office or official unit, which shall serve as national section of the secretariat of that Party and shall notify the Commission of the location of its section;
b) Shall:
i) The operation and costs of its section; and
ii) The remuneration and expenses to be paid to the arbitrators, their assistants and experts appointed under this Treaty, as set out in annex 19.03; and
c) The Secretary-General shall appoint a national of its Section, who shall be the official responsible for its administration.
3. The secretariat shall have the following functions:
a) Provide assistance to the Commission and the Sub-Commission;
b) Provide administrative support to the arbitral panels established under Chapter 20 (dispute settlement), in accordance with the procedures established under article 20.12 (model rules of procedure);
c) On the instructions of the Commission; to support the work of the committees, subcommittees and expert groups established under this Treaty;
d) Conducting communications and notifications under article 18.08 (communications and notifications); and
e) Other functions assigned by the Commission.
Section B. Committees , Subcommittees and Expert Groups
Article 19.04. General Provisions
1. The provisions of this section shall apply a default to all committees and sub-committees expert groups established under this Treaty.
2. Each committee, subcommittee and the Panel of Experts shall be composed of representatives of each party and all decisions shall be taken by consensus.
3. Notwithstanding paragraph 2, a committee, subcommittee or experts group may meet and take decisions without that meets all its members, when addressing issues of interest exclusive one or more of Panama and Central American countries provided that they are representatives of the Parties and that it notifies the Agenda for the meeting in advance to the other parties.
4. With regard to chapters 8 (sanitary and phytosanitary measures (9), measures of standardization, metrology and authorization procedures) and intellectual property (17), a Party may request in writing that the Commission intervention under Article 2007 Commission (Good offices, conciliation and mediation) where a committee or sub-committee of these chapters has met for consultations within the meaning of article 20.06 (consultations) and has not reached a mutually satisfactory solution to the dispute.
5. For the remainder of chapters of this Treaty, shall require that Parties by consensus upon request to the other committees or subcommittees to meet to hold consultations within the meaning of article 20.06 (consultations), a Party may request in writing that the Commission meet within the meaning of article 2007 (intervention of the Commission, good offices, conciliation and mediation).
6. For purposes of paragraphs 4 and 5 of this article and notwithstanding article 19.06 (2) shall not require that the Sub-Committee has brought the respective Committee prior to a Party may request the Commission intervention under Article 2007 Commission (Good offices, conciliation and mediation).