Nicaragua - Taiwan Province of China FTA (2006)
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Title

FREE TRADE AGREEMENT BETWEEN THE REPUBLIC OF CHINA (TAIWAN) AND THE REPUBLIC OF NICARAGUA

Preamble

PREAMBLE

The Government of the Republic of China (Taiwan) and the Government of the Republic of Nicaragua resolved to:

STRENGTHEN the special bonds of friendship and cooperation between their nations and promote bilateral economic integration;

ACHIEVE a free trade zone by means of the creation of new and greater opportunities in terms of access for the current and potential exportable supply of goods and services;

PROMOTE economic complementarities between the Republic of China (Taiwan) and the Republic of Nicaragua by strengthening mutual cooperation and implementing specific projects on issues of priority to each of the two countries;

CONTRIBUTE to the harmonious development and expansion of world trade and provide a catalyst to broader international cooperation;

CREATE an expanded and secure market for the goods and services produced in their respective territories while recognizing the differences in their levels of development and the size of their economies;

AVOID distortions to their reciprocal trade;

ESTABLISH clear and mutually advantageous rules governing their trade, by the establishment of mechanisms that avoid the application of unilateral and discretionary measures that unnecessarily affect the flow of trade;

ENSURE a predictable commercial framework for business planning and investment, by promoting and strengthening efforts to attract Taiwanese investments to the Republic of Nicaragua, and for the purpose of transferring technology that contributes to the development of the competitiveness of the Republic of Nicaragua's productive sectors;

BUILD on their respective rights and obligations under the Marrakesh Agreement Establishing the World Trade Organization and other multilateral and bilateral instruments of cooperation;

SEEK to facilitate bilateral trade by promoting efficient and transparent customs procedures that reduce costs and ensure predictability for their importers and exporters;

ENHANCE the competitiveness of their firms in global markets;

FOSTER creativity and innovation, and promote trade in goods and services that are the subject of intellectual property rights;

PROMOTE transparency and eliminate bribery and corruption in international trade and investment;

PROMOTE the economic and social development of their countries through the consolidation of economic liberalization, with the aim of generating economic growth and improving the population's standard of living;

PROTECT, enhance, and enforce basic workers' rights and strengthen their cooperation on labor matters;

CREATE new employment opportunities, improve working conditions and enhance the overall quality of life for their respective citizens;

IMPLEMENT this Agreement in a manner consistent with environmental protection and conservation, promote sustainable development, and strengthen their cooperation on environmental matters;

PROTECT and preserve the environment and enhance the means for doing so, including through the conservation of natural resources in their respective territories;

PRESERVE their flexibility to safeguard the public welfare; and

RECOGNIZE the interest of the Republic of Nicaragua in strengthening and deepening their regional economic integration;

HAVE AGREED as follows:

Body

Part One. General Aspects

Chapter 1. Initial Provisions

Article 1.01. Establishment of a Free Trade Area

The Parties to this Agreement, consistent with Article XXIV of the General Agreement on Tariffs and Trade 1994 and Article V of the General Agreement on Trade in Services, hereby establish a free trade area.

Article 1.02. Objectives

1. The objectives of this Agreement, as elaborated more specifically through its principles and rules, including national treatment, most-favored-nation treatment, and transparency, are to:

(a) encourage expansion and diversification of trade between the Parties;

(b) eliminate barriers to trade in, and facilitate the cross-border movement of, goods and services between the territories of the Parties;

(c) promote conditions of fair competition in the free trade area;

(d) substantially increase investment opportunities in the territories of the Parties;

(e) provide adequate and effective protection and enforcement of intellectual property rights in each Party's territory;

(f) create effective procedures for the implementation and application of this Agreement, for its joint administration, and for the resolution of disputes; and

(g) establish a framework for further bilateral, regional, and multilateral cooperation to expand and enhance the benefits of this Agreement.

2. The Parties shall interpret and apply the provisions of this Agreement in the light of its objectives set out in paragraph 1 and in accordance with applicable rules of international law.

Article 1.03. Relation to other Agreements

The Parties affirm their existing rights and obligations with respect to each other under the WTO Agreement and other agreements to which the Parties are party. In the event of any inconsistency between the provisions of this Agreement and the provisions of the WTO agreement or other agreements to which both Parties are party, event of any inconsistency between the provisions of this Agreement and the provisions of the WTO agreement or other agreements to which both Parties are party, the provisions of this Agreement shall prevail to the extent of the inconsistency, except as otherwise provided in this Agreement.

Article 1.04. Relation to other International Agreement In Environment and Conservation

In the event of any inconsistency between this Agreement and the specific trade obligations set forth in:

(a) the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), done at Washington, March 3, 1973, as amended June 22, 1979;

(b) the Montreal Protocol on Substances that Deplete the Ozone Layer, done at Montreal, September 16, 1987, as amended June 29, 1990 and November 25, 1992; or

(c) the Basel Convention on the Control of Trans-boundary Movements of Hazardous Wastes and Their Disposal, done at Basel, March 22, 1989.

these obligations shall prevail to the extent of the inconsistency, provided that where a Party has a choice among equally effective and reasonably available means of complying with such obligations, the Party chooses the alternative that is the least inconsistent with the other provisions of this Agreement. For this purpose, the Parties shall enforce the provisions set out in the instruments in subparagraph (a), (b) and (c).

Article 1.05. Extent of Obligations

The Parties shall ensure that all necessary measures are taken in order to give effect to the provisions of this Agreement, including the observance by all levels of their governments in each of their territories, except otherwise provided in this Agreement.

Article 1.06. Successor Agreement

Any reference in this Agreement to any other treaty or international agreement shall be made in the same terms to its successor treaty or international agreement to which the Parties are party.

Chapter 2. General Definitions

Article 2.01. Definitions of General Application

For purposes of this Agreement, unless otherwise specified:

AD Agreement means the WTO Agreement on Implementation of Article VI of the GATT 1994;

Commission means the Free Trade Commission established under Article 21.01 (The Free Trade Commission);

covered investment means, with respect to a Party, an investment, as defined in Article 10.28 (Definitions), in its territory by an investor of the other Party in existence as of the date of entry into force of this Agreement or established, acquired, or expanded thereafter;

customs authority means the competent authority that is responsible under the law of a Party for the administration of customs laws and regulations;

customs duty includes any customs or import duty and a charge of any kind imposed in connection with the importation of a good, including any form of surtax or surcharge in connection with such importation, but does not include any:

(a) charge equivalent to an internal tax imposed consistently with Article III:2 of the GATT 1994, in respect of like, directly competitive, or substitutable goods of the Party, or in respect of goods from which the imported good has been manufactured or produced in whole or in part;

(b) antidumping or countervailing duty that is applied pursuant to a Party’s domestic law;

(c) fee or other charge in connection with importation commensurate with the cost of services rendered; or

(d) premium offered or collected on or in connection with an imported good arising out of any tendering system in respect of the administration of quantitative import restrictions, tariff rate quotas or tariff preference levels;

Customs Valuation Agreement means the WTO Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994;

days means calendar days;

enterprise means any entity constituted or organized under applicable law, whether or not for profit, and whether privately-owned or governmentally-owned, including any corporation, trust, partnership, sole proprietorship, joint venture, or other association;

enterprise of a Party means an enterprise constituted or organized under the law of a Party;

existing means in effect on the date of entry into force of this Agreement; GATS means the WTO General Agreement on Trade in Services; GATT 1994 means the WTO General Agreement on Tariffs and Trade 1994;

goods of a Party means domestic products as these are understood in the GATT 1994 or such goods as the Parties may agree, and includes originating goods of that

Party; Harmonized System (HS) means the Harmonized Commodity Description and Coding System, including its General Rules of Interpretation, Section Notes, and Chapter Notes, as adopted and implemented by the Parties in their respective tariff laws;

heading means the first four digits in the tariff classification number under the Harmonized System;

measure means any measure by a Party including law, regulation, procedure, requirement, or practice;

national means a natural person who has the nationality of a Party according to Annex 2.01 or a permanent resident of a Party;

originating means qualifying under the rules of origin set out in Chapter 4 (Rules of Origin and Related Customs Procedures);

Party means the Republic of China (Taiwan) or the Republic of Nicaragua; person means a natural person or an enterprise; person of a Party means a national or an enterprise of a Party;

preferential tariff treatment means the rate of a customs duty applicable under this Agreement to an originating good;

sanitary or phytosanitary measure means any measure referred to in Annex A, paragraph 1 of the SPS Agreement;

SCM Agreement means the WTO Agreement on Subsidies and Countervailing Measures;

state enterprise means an enterprise that is owned or controlled through ownership interests, by a Party;

subheading means the first six digits in the tariff classification number under the Harmonized System;

territory means the land, maritime, and air space under a Party’s sovereignty and the exclusive economic zone and the continental shelf within which it exercises sovereign rights and jurisdiction in accordance with international law and its domestic law;

TRIPS Agreement means the WTO Agreement on Trade Related Aspects of Intellectual Property Rights;

WTO means the World Trade Organization; and

WTO Agreement means the Marrakesh Agreement Establishing the World Trade Organization, done on April 15, 1994.

Annex 2.01. Country-Specific Definitions

For purposes of this Agreement: natural person who has the nationality of a Party means:

(a) with respect to Republic of Nicaragua, a nicaragiiense as defined in Article 15 of the Constituci6n Politica de la Republica de Nicaragua; and

(b) with respect to the Republic of China (Taiwan) a person who has the nationality of the Republic of China (Taiwan) by birth or naturalization according to Article 3 of the Constitution and Article 2 of the Nationality Law of the Republic of China (Taiwan).

Part Two. Trade In Goods

Chapter 3. National Treatment and Market Access for Goods

Article 3.01. Scope and Coverage

Except as otherwise provided, this Chapter applies to trade in goods of a Party.

Section A. National Treatment

Article 3.02. National Treatment

1. Each Party shall accord national treatment to the goods of the other Party in accordance with Article Ill of the GATT 1994, including its interpretative notes, and to this end Article III of the GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, mutatis mutandis.

2. For purposes of paragraph 1, each Party shall grant the goods of the other Party the treatment no less favorable than the most favorable treatment granted by this Party to the like, directly competitive or substitutable goods of its national origin.

3. Paragraphs 1 and 2 shall not apply to the measures set out in Annex 3.03.7.

Section B. Customs Tariff Article

Article 3.03. Customs Tariff Elimination Schedule

1. Except as otherwise provided in this Agreement, no Party may increase any existing customs duty, or adopt any new customs duty, on an originating good.

2. Except as otherwise provided in this Agreement, on the date of entry into force of this Agreement the Parties shall progressively eliminate its customs duties on imported goods originating from the other Party, in accordance with Annex 3.03.

3. Paragraph 1 does not prevent a Party from increasing a customs duty to a level no higher than the one established in the Customs Tariff Elimination Schedule, when it has previously been reduced unilaterally to a level below the one established on the Customs Tariff Elimination Schedule. During the customs tariff elimination process the Parties shall undertake to apply in their trade of originating goods the lower customs tariff obtained by comparing the level established in accordance with its respective Customs Tariff Elimination Schedule and the level in force according to Article I of GATT 1994.

4. For greater certainty, a Party may:

(a) raise a customs duty back to the level established in its Schedule to Annex 3.03 following a unilateral reduction; or

(b) maintain or increase a customs duty as authorized by the Dispute Settlement Body of the WTO.

5. No party may apply or maintain an agricultural safeguard measure:

(a) onor after the date that a good is subject to duty-free treatment under the Party’s Schedule to Annex 3.03; or

(b) that increases in the in-quota duty on a good subject to a TRQ.

6. Except as otherwise provided in paragraph 1 through 4, a Party could maintain, adopt or modify customs duties on goods excluded from the Customs Tariff Elimination Schedule as provided in Annex 3.03.

Article 3.04. Waiver of Customs Duties

A Party may maintain or adopt any new waiver of customs duties, or expand with respect to existing recipients or extend to any new recipient the application of an existing waiver of customs duties, where the waiver is conditioned, explicitly or implicitly, on the fulfillment of a performance requirement for such time as it is in Annex VII countries for purposes of the SCM Agreement. Thereafter, a Party shall maintain any such measures in accordance with Article 27.04 of the SCM Agreement.

Article 3.05. Temporary Admission of Goods

1. Each Party shall grant duty-free temporary admission for the following goods, regardless of their origin:

(a) professional equipment, including equipment for the press or television, software and broadcasting and cinematographic equipment, necessary for carrying out the business, trade, or professional activities;

(b) goods intended for display or demonstration;

(c) commercial samples and advertising films and recordings; and

(d) goods admitted for sporting purposes.

2. Each Party shall, at the request of the person concerned and for reasons its customs authority considers valid, extend the time limit for temporary admission beyond the period initially fixed pursuant to the laws of the importing country.

3. No Party may condition the duty-free temporary admission of a good referred to in paragraph 1, other than to require that such good:

(a) not be sold or leased while in its territory;

(b) be accompanied by a security in an amount no greater than the duties and charges that would otherwise be owed on entry or final importation, reimbursable at the time the product leaves the country;

(c) be capable of identification wnen exported;

(d) be exported according to the national legislation of the Party; and

(e) be admitted in no greater quantity than is reasonable for its intended use.

4. If any condition that a Party imposes under paragraph 3 has not been fulfilled, the Party may apply the customs duty and any other charge that would normally be owed on the good plus any other charges or penalties provided for under its law.

Article 3.06. Duty-Free Entry of Commercial Samples of Negligible Value and Printed Advertising Materials

A Party shall grant duty-free entry to commercial samples of negligible value and to printed advertising materials, imported from the territory of the other Party, regardless of their origin, but may require that:

(a) such samples be imported solely for the solicitation of orders for goods, or services provided from the territory, of the other Party or a non-Party; or

(b) the entry of such samples and advertisement materials shall be governed by respective import regulations of the Parties.

Article 3.07. Goods Re-imported after Repair or Alteration

1. No Party may apply a customs duty to a good, regardless of its origin, that is re- imported into its territory after that good has been temporarily exported from its territory to the territory of the other Party for repair or alteration.

2. No Party may apply a customs duty to a good, regardless of its origin, imported temporarily from the territory of the other Party for repair or alteration.

3. The terms "re-imported into its territory" referred to in paragraph 1, and "imported temporarily" referred to in paragraph 2, shall be understood under the respective laws of the Parties.

4. For purposes of this Article, repair or alteration does not include an operation or process that:

(a) destroys a good's essential characteristics or creates a new or commercially different good; or

(b) transforms an unfinished good into a finished good. Article 3.08 Customs Valuation

Upon the entry into force of this Agreement, the principles of customs valuation applied to regulating trade between the Parties shall be those established in the Customs Valuation Agreement of WTO, including its annexes. Besides, the Parties shall not determine the customs value of the goods based on the officially established minimum value.

Section C. Non-Tariff Measures

Article 3.09. Domestic Supports

1. The Parties recognize that domestic support measures could be of vital importance for their respective agricultural sectors, but also distort trade and affect production. In this respect, the Parties shall apply domestic supports in accordance with the WTO Agriculture Agreement and any other successor agreements to which the Parties are signatories. Where a Party decides to support its agricultural producers, it shall endeavor to achieve an domestic support policy that:

(a) has a minimal or no effect at all that distorts trade or production; or

(b) is in conformity with its respective agreements within the WTO.

2. In order to ensure transparency in their policies of support to agriculture, the Parties agree to undertake studies of such policies on an ongoing basis. For such purposes, the information acquired shall be used as the main reference in their respective annual notifications to the Committee on Agriculture of the WTO and copies of the notifications may be exchanged upon request of a Party. Without prejudice to the foregoing, each Party may request additional information and explanations from the other Party. Such requests shall be immediately answered. The resulting information and evaluations may be, at the request of the other Party, subject to consultation with the Committee on Trade in Goods.

Article 3.10. Exports Subsidies

Except as otherwise provided in article 3.04, no Party may adopt or maintain export subsidies on goods in their reciprocal trade.

Article 3.11. Import and Export Restrictions

1. The Parties commit themselves to eliminate the non-tariff barriers to trade, with exception of the Parties' rights in accordance with Articles XX and XXI of GATT 1994.

2. Except as otherwise provided in this Agreement, neither Party may adopt or maintain any prohibition or restriction on the importation of any goods of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of GATT 1994 and its interpretative notes, and to this end Article XI of GATT 1994 and its interpretative notes are incorporated into and form an integral part of this Agreement, mutatis mutandis.

Page 1 Next page
  • Part   One General Aspects 1
  • Chapter   1 Initial Provisions 1
  • Article   1.01 Establishment of a Free Trade Area 1
  • Article   1.02 Objectives 1
  • Article   1.03 Relation to other Agreements 1
  • Article   1.04 Relation to other International Agreement In Environment and Conservation 1
  • Article   1.05 Extent of Obligations 1
  • Article   1.06 Successor Agreement 1
  • Chapter   2 General Definitions 1
  • Article   2.01 Definitions of General Application 1
  • Annex 2.01  Country-Specific Definitions 1
  • Part   Two Trade In Goods 1
  • Chapter   3 National Treatment and Market Access for Goods 1
  • Article   3.01 Scope and Coverage 1
  • Section   A National Treatment 1
  • Article   3.02 National Treatment 1
  • Section   B Customs Tariff Article 1
  • Article   3.03 Customs Tariff Elimination Schedule 1
  • Article   3.04 Waiver of Customs Duties 1
  • Article   3.05 Temporary Admission of Goods 1
  • Article   3.06 Duty-Free Entry of Commercial Samples of Negligible Value and Printed Advertising Materials 1
  • Article   3.07 Goods Re-imported after Repair or Alteration 1
  • Section   C Non-Tariff Measures 1
  • Article   3.09 Domestic Supports 1
  • Article   3.10 Exports Subsidies 1
  • Article   3.11 Import and Export Restrictions 1
  • Article   3.12 Administrative Fees and Formalities 2
  • Article   3.13 Export Taxes 2
  • Article   3.14 Obligations Under Intergovernmental Agreement 2
  • Article   3.15 Committee on Trade In Goods 2
  • Section   D Definitions 2
  • Article   3.16 Definitions 2
  • Chapter   4 Rules of Origin and Related Customs Procedures 2
  • Section   A Rules of Origin 2
  • Article   4.01 Application and Interpretation Instruments 2
  • Article   4.02 Originating Goods 2
  • Article   4.03 Minimal Operations or Processes 2
  • Article   4.05 Accumulation 2
  • Article   4.06 Regional Value Content 2
  • Article   4.07 De Minimis 2
  • Article   4.08 Fungible Goods and Materials 2
  • Article   4.09 Accessories, Spare Parts and Tools 2
  • Article   4.10 Sets or Assortments 2
  • Article   4.11 Packaging Materials and Containers for Retail Sale 2
  • Article   4.12 Packing Materials and Containers for Shipment 2
  • Article   4.13 Transit and Transshipment 2
  • Section   Section B: Customs Procedures Related to Origin 2
  • Article   4.14 Certificate of Origin 2
  • Article   4.15 Obligations Regarding Importations 2
  • Article   4.16 Obligations Regarding Exportations 2
  • Article   4.17 Records 2
  • Article   4.18 Confidentiality 3
  • Article   4.19 Origin Verifications 3
  • Article   4.20 Advance Rulings 3
  • Article   4.21 Penalties 3
  • Article   4.22 Review and Appeal 3
  • Article   4.23 Definitions 3
  • Chapter   5 Trade Facilitation 3
  • Article   5.01 Objectives and Principles 3
  • Article   5.02 Specific Obligations 3
  • Article   5.03 Cooperation 3
  • Article   5.04 Future Work Program 4
  • Chapter   6 Safeguard Measures 4
  • Article   6.01 Bilateral Safeguard Measures 4
  • Article   6.02 Standards for a Safeguard Measures 4
  • Article   6.03 Provisional Measures 4
  • Article   6.04 Administration of Safeguard Proceeding 4
  • Article   6.05 Notification and Consultations 4
  • Article   6.06 Compensation 4
  • Article   6.07 Global Safeguard Measures 4
  • Article   6.08 Dispute Settlement on Safeguard Measures 4
  • Article   6.09 Definitions 4
  • Chapter   7 Unfair Trade Practices 4
  • Article   7.01 Anti-dumping and Countervailing Duties 4
  • Article   7.02 Consultations 4
  • Article   7.03 Standing of Domestic Industry 4
  • Article   7.04 Maximum Period for Completing on Investigation 4
  • Article   7.05 Duration of the Measures 4
  • Article   7.06 Modifications 4
  • Part   Three Technical Barriers to Trade 4
  • Chapter   8 Sanitary and Phytosanitary Measures 4
  • Article   8.01 Objectives 4
  • Article   8.02 General Provisions 4
  • Article   8.03 International Standards and Harmonization 4
  • Article   8.04 Equivalence 4
  • Article   8.05 Assessment of Risk and Determination of the Appropriate Level of Sanitary or Phytosanitary Protection 4
  • Article   8.06 Recognition of Pest- or Disease-Free Areas and Areas of Low Pest or Disease Prevalence 4
  • Article   8.07 Control, Inspection and Approval Procedures 5
  • Article   8.08 Transparency 5
  • Article   8.09 Committee on Sanitary and Phytosanitary Measures 5
  • Article   8.10 Technical Cooperation 5
  • Article   8.11 Definitions 5
  • Chapter   9 Technical Barrier to Trade 5
  • Article   9.01 General Provisions 5
  • Article   9.02 Scope and Coverage 5
  • Article   9.03 Basic Rights and Obligations 5
  • Article   9.04 Risk Assessment 5
  • Article   9.05 Compatibility and Equivalence 5
  • Article   9.06 Trade Facilitation 5
  • Article   9.07 Conformity Assessment 5
  • Article   9.08 Authorization Procedures 5
  • Article   9.09 Metrology 5
  • Article   9.10 Notification 5
  • Article   9.11 Enquiry Point 5
  • Article   9.12 Committee on Standardization, Metrology and Authorization Procedures 5
  • Article   9.13 Technical Cooperation 5
  • Article   9.14 Definitions 5
  • Part   Four Investment, Services and Related Matters 5
  • Chapter   10 Investment 5
  • Section   A Investment 5
  • Article   10.01 Scope and Coverage 5
  • Article   10.02 Relation to other Chapters 5
  • Article   10.03 National Treatment 6
  • Article   10.04 Most-Favored-Nation Treatment 6
  • Article   10.05 Minimum Standard of Treatment  (1) 6
  • Article   10.06 Treatment In Case of Strife 6
  • Article   10.07 Expropriation and Compensation  (2) 6
  • Article   10.08 Transfers 6
  • Article   10.09 Performance Requirements 6
  • Article   10.10 Senior Management and Boards of Directors 6
  • Article   10.11 Investment and Environment 6
  • Article   10.12 Denial of Benefit 6
  • Article   10.13 Non-Conforming Measures 6
  • Article   10.14 Special Formalities and Information Requirements 6
  • Section   B Investor-State Dispute Settlement 6
  • Article   10.15 Consultation and Negotiation 6
  • Article   10.16 Submission of a Claim to Arbitration 6
  • Article   10.17 Consent to Arbitration 6
  • Article   10.18 Conditions and Limitations on Consent of Each Party 6
  • Article   10.19 Selection of Arbitrators 7
  • Article   10.20 Conduct of the Arbitration 7
  • Article   10.21 Transparency of Arbitral Proceedings 7
  • Article   10.22 Governing Law 7
  • Article   10.23 Interpretation of Annexes 7
  • Article   10.24 Expert Reports 7
  • Article   10.25 Consolidation 7
  • Article   10.26 Awards 7
  • Article   10.27 Service of Documents 7
  • Section   C Definitions 7
  • Article   10.28 Definitions 7
  • Annex 10-A  Public Debt 8
  • Annex 10-B  Customary International Law 8
  • Annex 10-C  Expropriation 8
  • Annex 10-D  Submission of a Claim to Arbitration 8
  • Annex 10-E  Service of Documents on a Party under Section B 8
  • Chapter   11 Cross-Border Trade In Services 8
  • Article   11.01 Scope and Coverage 8
  • Article   11.02 National Treatment 8
  • Article   11.03 Most-Favored-Nation Treatment 8
  • Article   11.04 Standard of Treatment 8
  • Article   11.05 Market Access 8
  • Article   11.06 Local Presence 8
  • Article   11.07 Non-conforming Measures 8
  • Article   11.08 Transparency In Developing and Applying Regulations  (3) 8
  • Article   11.09 Domestic Regulation 8
  • Article   11.10 Mutual Recognition 8
  • Article   11.11 Transfers and Payments 8
  • Article   11.12 Implementation 8
  • Article   11.13 Denial of Benefits 8
  • Article   11.14 Procedures 8
  • Article   11.15 Definitions 8
  • Chapter   12 Financial Services 8
  • Article   12.01 Scope and Coverage 8
  • Article   12.02 National Treatment 8
  • Article   12.03 Most-Favored-Nation Treatment 9
  • Article   12.04 Market Access for Financial Institutions 9
  • Article   12.05 Cross-Border Trade 9
  • Article   12.06 New Financial Services  (1) 9
  • Article   12.07 Treatment of Certain Information 9
  • Article   12.08 Senior Management and Boards of Directors 9
  • Article   12.09 Non-Conforming Measures 9
  • Article   12.10 Exceptions 9
  • Article   12.11 Transparency 9
  • Article   12.12 Self-Regulatory Organizations 9
  • Article   12.13 Payment and Clearing Systems 9
  • Article   12.14 Domestic Regulation 9
  • Article   12.15 Expedited Availability of Insurance Services 9
  • Article   12.16 Committee on Financial Services 9
  • Article   12.17 Consultations 9
  • Article   12.18 Dispute Settlement 9
  • Article   12.19 Investment Disputes In Financial Services 9
  • Article   12.20 Consolidated Supervision 9
  • Article   12.21 Definitions 9
  • Annex 12.05.1  Cross-Border Trade 10
  • Section   A The Republic of Nicaragua 10
  • Section   B The Republic of China (Taiwan) 10
  • Annex 12.09.2  Specific Commitments 10
  • Section   A The Republic of Nicaragua 10
  • Section   B The Republic of China (Taiwan) 10
  • Annex 12.09.3  Additional Information Regarding Financial Services Measures 10
  • Section   A The Republic of Nicaragua 10
  • Section   B The Republic of China (Taiwan) 10
  • Annex 12.16.1  Committee on Financial Services 10
  • Chapter   13 Telecommunications 10
  • Article   13.01 Scope and Coverage 10
  • Article   13.02 Access to and Use of Public Telecommunications Services 10
  • Article   13.03 Obligations Relating to Suppliers of Public Telecommunications Services (2) 10
  • Article   13.04 Additional Obligations Relating to Major Suppliers of Public Telecommunications Services (5) 10
  • Article   13.05 Conditions for the Supply of Information Services 11
  • Article   13.06 Independent Regulatory Bodies and Government-Owned Telecommunications Suppliers (10) 11
  • Article   13.07 Universal Service 11
  • Article   13.08 Licenses and other Authorizations 11
  • Article   13.09 Allocation and Use of Scarce Resources 11
  • Article   13.10 Enforcement 11
  • Article   13.11 Resolution of Domestic Telecommunications Disputes 11
  • Article   13.12 Transparency 11
  • Article   13.13 Flexibility In the Choice of Technologies 11
  • Article   13.14 Forbearance 11
  • Article   13.15 Standards-Related Measures 11
  • Article   13.16 Technical Cooperation and other Consultations 11
  • Article   13.17 Relationship to other Chapters 11
  • Article   13.18 Definitions 11
  • Chapter   14 Electronic Commerce 11
  • Article   14.01 General 11
  • Article   14.02 Electronic Supply of Services 11
  • Article   14.03 Digital Products 11
  • Article   14.04 Transparency 12
  • Article   14.05 Cooperation 12
  • Article   14.06 Definitions 12
  • Chapter   15 Temporary Entry for Business Persons 12
  • Article   15.01 General Principles 12
  • Article   15.02 General Obligations 12
  • Article   15.03 Grant of Temporary Entry 12
  • Article   15.04 Provision of Information 12
  • Article   15.05 Dispute Settlement 12
  • Article   15.06 Definitions 12
  • Annex 5.03  Temporary Entry for Business Persons 12
  • Section   A Business Visitors 12
  • Section   B Traders and Investors 12
  • Section   C Intra-corporate Transferees 12
  • Annex 15.03(1)  Special Provision Regarding Temporary Entry of Business Persons For the Republic of Nicaragua: 12
  • Appendix 15.03(A)(1)  Business Vistors 12
  • Appendix 15.03(A)(3)  Existing Immigration Measures 12
  • Part   Five Competition Policy 12
  • Chapter   16 Competition Policy 12
  • Article   16.01 Objectives 12
  • Article   16.02 Free Competition Committee 12
  • Article   16.03 Monopolies 12
  • Article   16.04 State Enterprises 12
  • Article   16.5 Definitions 12
  • Part   Six Intellectual Property Rights 12
  • Chapter   17 Intellectual Property Rights 13
  • Section   A General Provisions 13
  • Article   17.01 General Provisions 13
  • Section   B Protection of Intellectual Property Rights 13
  • Article   17.02 General Obligations 13
  • Section   C Application 13
  • Article   17.03 Relation with other Agreements 13
  • Article   17.04 Applications 13
  • Article   17.05 Transparency 13
  • Section   D Intellectual Property Committee 13
  • Article   17.06 Intellectual Property Committee 13
  • Section   E Trademarks, Geographical Indications, and Domain Names 13
  • Article   17.07 Trademarks 13
  • Article   17.08 Well-known Marks 13
  • Article   17.09 "Telle Quelle" Marks 13
  • Article   17.10 Geographical Indications 13
  • Article   17.11 Procedures with Respect to Geographical Indications 13
  • Article   17.12 Domain Names on the Internet 13
  • Section   F Patents, New Varieties of Plants and Regulated Products 13
  • Article   17.13 Patents 13
  • Article   17.14 New Varieties of Plants 13
  • Article   17.15 Regulated Products 13
  • Section   G Copyright and Related Rights 13
  • Article   17.16 Obligations Pertaining to Copyright and Related Rights 13
  • Section   H Collective Rights, Protection of Folklore and Genetic Resources 13
  • Article   17.17 Protection of Traditional Knowledge 13
  • Article   17.18 Protection of Folklore 13
  • Article   17.19 Relation between Access to Genetic Resources and Intellectual Property 13
  • Section   I Border Measures 13
  • Article   17.20 Application of Border Measures 13
  • Section   J Cooperation on Intellectual Property 13
  • Article   17.21 Technical Cooperation 13
  • Annex 17.06  Intellectual Property Committee 13
  • Part   Seven Labor & Environment 13
  • Chapter   18 Labor 13
  • Article   18.01 Statement of Shared Commitment 13
  • Article   18.02 Enforcement of Labor Laws 13
  • Article   18.03 Procedural Guarantees and Public Awareness 13
  • Article   18.04 Institutional Arrangements 13
  • Article   18.05 Labor Cooperation and Capacity Building Mechanism 13
  • Article   18.06 Principles of Corporate Stewardship 13
  • Article   18.07 Cooperative Labor Consultations 13
  • Article   18.08 Definitions 13
  • Annex 18.01  Labor Principles 13
  • Annex 18.05  Labor Cooperation and Capacity Building Mechanism 14
  • Chapter   19 Environment 14
  • Article   19.01 Levels of Protection 14
  • Article   19.02 Enforcement of Environmental Laws 14
  • Article   19.03 Procedural Matters 14
  • Article   19.04 Voluntary Mechanisms to Enhance Environmental Performance 14
  • Article   19.05 Principles of Corporate Stewardship 14
  • Article   19.06 Environmental Affairs Committee 14
  • Article   19.07 Opportunities for Public Participation 14
  • Article   19.08 Environmental Cooperation 14
  • Article   19.09 Environmental Consultations 14
  • Article   19.10 Relationship to Environmental Agreements 14
  • Article   19.11 Definitions 14
  • Annex 19.08  Environmental Cooperation Mechanism 14
  • Part   Eight Administrative and Institutional Provisions 15
  • Chapter   20 Transparency 15
  • Section   A Transparency 15
  • Article   20.01 Contact Points 15
  • Article   20.02 Publication 15
  • Article   20.03 Notification and Provision of Information 15
  • Article   20.04 Administrative Proceedings 15
  • Article   20.05 Review and Appeal 15
  • Article   20.06 Definitions 15
  • Section   B Anti-Corruption 15
  • Article   20.07 Statement of Principle 15
  • Article   20.08 Anti-Corruption Measures 15
  • Article   20.09 Cooperation In International Fora 15
  • Article   20.10 Definitions 15
  • Chapter   21 Administration of the Agreement 15
  • Article   21.01 The Free Trade Commission 15
  • Article   21.02 Free Trade Agreement Coordinators 15
  • Article   21.03 Administration of Dispute Settlement Proceedings 15
  • Annex 21.01  The Free Trade Commission 15
  • Annex 21.02  Free Trade Agreement Coordinators 15
  • Annex 21.03  Remuneration and Payment of Expenses 15
  • Chapter   22 Dispute Settlement 15
  • Section   A Dispute Settlement 15
  • Article   22.01 Cooperation 15
  • Article   22.02 Scope of Application 15
  • Article   22.03 Choice of Forum 15
  • Article   22.04 Urgent Cases 15
  • Article   22.05 Consultations 15
  • Article   22.06 Commission - Good Offices, Conciliation, and Mediation 15
  • Article   22.07 Request for Establishment of an Arbitration Group 15
  • Article   22.08 Roster 15
  • Article   22.09 Qualifications of Panelists 16
  • Article   22.10 Arbitral Group Selection 16
  • Article   22.11 Model Rules of Procedure 16
  • Article   22.12 Role of Experts 16
  • Article   22.13 Preliminary Report 16
  • Article   22.14 Final Report 16
  • Article   22.15 Implementation of Final Report 16
  • Article   22.16 Suspension of Benefits 16
  • Article   22.17 Compliance Review 16
  • Section   B Domestic Proceedings and Private Commercial Dispute Settlement 16
  • Article   22.18 Referral of Matters from Judicial or Administrative Proceedings 16
  • Article   22.19 Private Rights 16
  • Article   22.20 Alternative Dispute Resolution 16
  • Annex 22.02  Nullification or Impairment 16
  • Annex 22.11.(a)(c)  Model Rules of Procedure, Public Access to Documents and Public Hearings 16
  • Annex 22.11.1(d)  Model Rules of Procedure, Non-governmental Entity Participation 16
  • Annex 22.11.1(e)  Model Rules of Procedure, Confidential Information Confidential Information 16
  • Chapter   23 Exceptions 17
  • Article   23.01 General Exceptions 17
  • Article   23.02 National Security 17
  • Article   23.03 Taxation 17
  • Article   23.04 Balance of Payments 17
  • Article   23.05 Disclosure of Information 17
  • Article   23.06 Definitions 17
  • Annex 23.03  Competent Authorities 17
  • Chapter   24 Final Provisions 17
  • Article   24.01 Annexes, Appendices, and Footnotes 17
  • Article   24.02 Amendments 17
  • Article   24.03 Reservations 17
  • Article   24.04 Entry Into Force 17
  • Article   24.05 Accession 17
  • Article   24.06 Withdrawal 17
  • Article   24.07 Authentic Texts 17
  • Annex II  Schedule of the Republic of Nicaragua 17
  • Annex I  Schedule of the Republic of China (Taiwan) 18