Nicaragua - Taiwan Province of China FTA (2006)
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(c) Public Availability of Interconnection Offers

Each Party shall provide its telecommunications regulatory body the authority to require major suppliers in its territory to make publicly available reference interconnection offers or other standard interconnection offers containing the rates, terms, and conditions that the major suppliers offer generally to suppliers of public telecommunications services.

(d) Public Availability of the Procedures for Interconnection Negotiations

Each Party shall make publicly available the applicable procedures for interconnection negotiations with major suppliers in its territory.

(e) Public Availability of Interconnection Agreements Concluded with Major Suppliers

(i) Each Party shall require major suppliers in its territory to file all interconnection agreements to which they are party with its telecommunications regulatory body or other relevant body.

(ii) Each Party shall make publicly available interconnection agreements in force between major suppliers in its territory and other suppliers of public telecommunications services in its territory.

Provisioning and Pricing of Leased Circuits Services

6. (a) A Party shall ensure that major suppliers in its territory provide enterprises of the other Party leased circuits services that are public telecommunications services on terms, conditions, and at rates that are reasonable and non-discriminatory.

(b) In carrying out subparagraph (a), a Party shall provide its telecommunications regulatory body the authority to require major suppliers in its territory to offer leased circuits services that are public telecommunications services to enterprises of the other Party at flat rate, cost-oriented prices.

Co-location

7. (a) Subject to subparagraphs (b) and (c), a Party shall ensure that major suppliers in its territory provide to suppliers of public telecommunications services of the other Party physical co-location of equipment necessary for interconnection on terms, conditions, and at cost-oriented rates that are reasonable, non-discriminatory, and transparent.

(b) Where physical co-location is not practical for technical reasons or because of space limitations, each Party shall ensure that major suppliers in its territory:

(i) provide an alternative solution, or

(ii) facilitate virtual co-location in its territory, on terms, conditions, and at cost-oriented rates that are reasonable, non-discriminatory, and transparent.

(c) Each Party may specify in its law or regulations which premises are subject to subparagraphs (a) and (b).

Access to Rights-of-Way

8. A Party shall ensure that major suppliers in its territory afford access to their poles, ducts, conduits, and rights-of-way which are bulletined as network bottleneck facilities to suppliers of public telecommunications services of the other Party on terms, conditions, and at rates that are reasonable and non-discriminatory

(5) The Article 13.04 does not apply with respect to suppliers of commercial mobile services. This Article is without prejudice to any rights or obligations that a Party may have under the GATS, and nothing in this Article shall be construed to preclude a Party from imposing the requirements set out in this Article on suppliers of commercial mobile services.
(6) For purposes of paragraph 2, "maintain" a measure includes the actual implementation of such measure, as appropriate.
(7) For purposes of subparagraph (a), wholesale rates set pursuant to a Party's law and regulations satisfy the standard of reasonableness. Therefore, each Party shall establish their reasonability criteria according to the conditions of its own market.
(8) A Party may provide, that a reseller that obtains a public telecommunications service at wholesale rates, that is available at retail rates to only a limited category of subscribers, shall not offer this service to a different category of subscribers.

Article 13.05. Conditions for the Supply of Information Services

1. No Party may require an enterprise in its territory that it classifies (9) as a supplier of information services and that supplies such services over facilities that it does not own to:

(a) supply such services to the public generally;

(b) cost-justify its rates for such services;

(c) file a tariff for such services for approval;

(d) interconnect its networks with any particular customer for the supply of

such services; or

(e) conform with any particular standard or technical regulation for interconnection other than for interconnection to a public telecommunications network.

2. Notwithstanding paragraph 1, a Party may take the actions described in subparagraphs (a) through (e) to remedy a practice of a supplier of information services that the Party has found in a particular case to be anti-competitive under its law or regulations, or to otherwise promote competition or safeguard the interests of consumers.

(9) For purposes of applying this provision, each Party may, through its telecommunications regulatory body, classify which services in its territory are information services.

Article 13.06. Independent Regulatory Bodies and Government-Owned Telecommunications Suppliers (10)

1. Each Party shall ensure that its telecommunications regulatory body is separate from, and not accountable to, any supplier of public telecommunications services. To this end, each Party shall ensure that its telecommunications regulatory body does not hold a financial interest or maintain an operating role in any such supplier.

2. Each Party shall ensure that the decisions and procedures of its telecommunications regulatory body are impartial with respect to all interested persons. To this end, each Party shall ensure that any financial interest that it holds in a supplier of public telecommunications services does not influence the decisions and procedures of its telecommunications regulatory body.

3. No Party may accord more favorable treatment to a supplier of public telecommunications services or to a supplier of information services than that accorded to a like supplier of the other Party on the ground that the supplier receiving more favorable treatment is owned, wholly or in part, by the national government of the Party.

(10) Each Party shall endeavor to ensure that its telecommunications regulatory body has adequate resources to carry out its functions.

Article 13.07. Universal Service

Each Party shall administer any universal service obligation that it maintains in a transparent, non-discriminatory, and competitively neutral manner and shall ensure that its universal service obligation is not more burdensome than necessary for the kind of universal service that it has defined.

Article 13.08. Licenses and other Authorizations

1. Where a Party requires a supplier of public telecommunications services to have a license, concession, permit, registration, or other type of authorization, the Party shall make publicly available:

(a) all applicable licensing or authorization criteria and procedures it applies;

(b) the time it normally requires to reach a decision concerning an application for a license, concession, permit, registration, or other type of authorization; and

(c) the terms and conditions of all licenses or authorizations it has issued.

2. Each Party shall ensure that, on request, an applicant receives the reasons for the denial of a license, concession, permit, registration, or other type of authorization.

Article 13.09. Allocation and Use of Scarce Resources

1. Each Party shall administer its procedures for the allocation and use of scarce telecommunications resources, including frequencies, numbers, and rights-of-way, in an objective, timely, transparent, and non-discriminatory manner.

2. Each Party shall make publicly available the current state of allocated frequency bands but shall not be required to provide detailed identification of frequencies allocated for specific government uses.

3. For greater certainty, a Party's measures regarding the allocation and assignment of spectrum and regarding frequency management are not measures that are per se inconsistent with Article 11.04 (Market Access), which is applied to Chapter 10 (Investment) through Article 11.01 (Scope and Coverage). Accordingly, each Party retains the right to establish and apply its spectrum and frequency allocation and management policies, which may limit the number of suppliers of public telecommunications services, provided that it does so in a manner that is consistent with this Agreement. Each Party also retains the right to allocate frequency bands taking into account present and future needs.

Article 13.10. Enforcement

Each Party shall provide its competent authority with the authority to establish and enforce the Party’s measures relating to the obligations set out in Articles 13.02 through 13.05. Such authority shall include the ability to impose effective sanctions, which may include financial penalties, injunctive relief (on an interim or final basis), or the modification, suspension, and revocation of licenses or other authorizations.

Article 13.11. Resolution of Domestic Telecommunications Disputes

Further to Articles 20.04 (Administrative Proceedings) and 20.05 (Review and Appeal), each Party shall ensure the following:

Recourse to Telecommunications Regulatory Bodies

(a) (i) A Party shall ensure that enterprises of the other Party may seek review by a telecommunications regulatory body or other relevant body to resolve disputes regarding the Party's measures relating to a matter set out in Articles 13.02 through 13.05.

(ii) A Party shall ensure that suppliers of public telecommunications services of the other Party that have requested interconnection with a major supplier in the Party's territory may seek review, within a reasonable and publicly available period of time after the supplier requests interconnection, by a telecommunications regulatory body to resolve disputes regarding the terms, conditions, and rates for interconnection with such major supplier.

Reconsideration

(b) Each Party shall ensure that any enterprise that is aggrieved or whose interests are adversely affected by a determination or decision of the Party's telecommunications regulatory body may petition the body to reconsider that determination or decision. No Party may permit such a petition to constitute grounds for non-compliance with the determination or decision of the telecommunications regulatory body unless an appropriate authority stays such determination or decision.

Judicial Review

(c) Each Party shall ensure that any enterprise that is aggrieved or whose interests are adversely affected by a determination or decision of the Party's telecommunications regulatory body may obtain judicial review of such determination or decision by an independent judicial authority.

Article 13.12. Transparency

Further to Articles 20.02 (Publication) and 20.03 (Notification and Provision of Information), each Party shall ensure that:

(a) rulemakings, including the basis for such rulemakings, of its telecommunications regulatory body and end-user tariffs filed with its telecommunications regulatory body are promptly published or otherwise made publicly available;

(b) interested persons are provided with adequate advance public notice of, and the opportunity to comment on, any rulemaking that its telecommunications regulatory body proposes; and

(c) its measurees relating to public telecommunications services are made publicly available, including measures relating to:

(i) tariffs and other terms and conditions of service;

(ii) procedures relating to judicial and other adjudicatory proceedings;

(iii) specifications of technical interfaces;

(iv) bodies responsible for preparing, amending, and adopting standards-related measures affecting access and use;

(v) conditions for attaching terminal or other equipment to the public telecommunications network; and

(vi) notification, permit, registration, or licensing requirements, if any.

Article 13.13. Flexibility In the Choice of Technologies

No Party may prevent suppliers of public telecommunications services from having the flexibility to choose the technologies that they use to supply their services, including commercial mobile wireless services, subject to requirements necessary to satisfy legitimate public policy interests.

Article 13.14. Forbearance

The Parties recognize the importance of relying on market forces to achieve wide choices in the supply of telecommunications services. To this end, each Party may forbear from applying a regulation to a service that the Party classifies as a public telecommunications service, if its telecommunications regulatory body determines that:

(a) enforcement of such regulation is not necessary to prevent unreasonable or discriminatory practices;

(b) enforcement of such regulation is not necessary for the protection of consumers; and

(c) forbearance is consistent with the public interest, including promoting and enhancing competition between suppliers of public telecommunications services.

Article 13.15. Standards-Related Measures

1. Each Party shall ensure that its standards-related measures relating to the attachment of terminal or other equipment to the public telecommunications networks, including those measures relating to the use of testing and measuring equipment for conformity assessment procedures, are adopted or maintained only to the extent necessary to:

(a) prevent technical damage to public telecommunications networks;

(b) prevent technical interference with, or degradation of, public telecommunications networks or services;

(c) prevent electromagnetic interference, and ensure compatibility, with other uses of the electromagnetic spectrum;

(d) prevent billing equipment malfunction;

(e) ensure users' safety and access to public telecommunications networks or services; or

(f) ensure electromagnetic spectrum's efficiency.

2. A Party may require approval for the attachment to the public telecommunications network of terminal or other equipment that is not authorized, provided that the criteria for that approval are consistent with paragraph 1.

3. Each Party shall ensure that the network termination points for its public telecommunications networks are defined on a reasonable and transparent basis.

4. Neither Party may require separate authorization for equipment that is connected on the customer's side of 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 thereunder are processed expeditiously;

(b) permit any technically qualified entity to perform the testing required under the Party's conformity assessment procedures for terminal or other equipment to be attached to the public telecommunications network, subject to the Party's right to review the accuracy and completeness of the test results; and

(c) ensure that any measure that it adopts or maintains requiring to be authorized to act as agents for suppliers of telecommunications equipment before the Party's relevant conformity assessment bodies is non-discriminatory.

6. When the condition allows it, each Party shall adopt, as part of its conformity assessment procedures, provisions necessary to accept the test results from laboratories or testing facilities in the territory of the other Party for tests performed in accordance with the accepting Party's standards-related measures and procedures.

Article 13.16. Technical Cooperation and other Consultations

1. To encourage the development of interoperable telecommunications services infrastructure, the Parties shall cooperate in the exchange of technical information, the development of government-to-government training programs and other related activities.

2. The Parties shall consult with a view to determining the feasibility of further liberalizing trade in all telecommunications services, including public telecommunications networks and services.

Article 13.17. Relationship to other Chapters

In the event of any inconsistency between this Chapter and another Chapter, this Chapter shall prevail to the extent of the inconsistency.

Article 13.18. Definitions

For purposes of this Chapter:

authorized equipment means terminal or other equipment that has been approved for attachment to the public telecommunications transport network in accordance with a Party's conformity assessment procedures;

commercial mobile services means public telecommunications services supplied through mobile wireless means;

conformity assessment procedure means any procedure used, directly or indirectly, to determine that a technical regulation or standard is fulfilled, including sampling, testing, inspection, evaluation, verification, assurance of conformity, registration, accreditation and approval as well as their combinations, including the procedures referred to in Annex 13.15;

cost-oriented (11) means based on cost, and may include a reasonable profit, and may involve different cost methodologies for different facilities or services;

dialing parity means the ability of an end-user to use an equal number of digits to access a like public telecommunications service, regardless of the public telecommunications service supplier chosen by such end-user;

end-user means a final consumer of or subscriber to a public telecommunications service, including a service supplier other than a supplier of public telecommunications services;

enterprise means an "enterprise" as defined in Article 2.01 (Definitions of General Application), and includes a branch of an enterprise;

essential facilities means facilities of a public telecommunications network or service that:

(a) are exclusively or predominantly supplied by a single or limited number of suppliers; and

(b) cannot feasibly be economically or technically substituted in order to supply a service;

information service means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service;

interconnection means linking with suppliers providing public telecommunications services in order to allow the users of one supplier to communicate with users of another supplier and to access services provided by another supplier;

leased circuits means telecommunications facilities between two or more designated points that are set aside for the dedicated use of or availability to a particular customer or other users of the customer's choosing;

major supplier means a supplier of public telecommunications services that has the ability to materially affect the terms of participation (having regard to price and supply) in the relevant market for public telecommunications services as a result of:

(a) control over essential facilities; or

(b) use of its position in the market;

network element means a facility or equipment used in supplying a public telecommunications service, including features, functions, and capabilities provided by means of such facility or equipment;

network termination point means the final demarcation of the public telecommunications network at the customer's premises;

non-discriminatory means treatment no less favorable than that accorded to any other user of like public telecommunications services in like circumstances;

number portability means the ability of end-users of public telecommunications services to retain, at the same location, telephone numbers without impairment of quality, reliability, or convenience when switching between like suppliers of public telecommunications services;

physical co-location means physical access to and control over space in order to install, maintain, or repair equipment, at premises owned or controlled and used by a supplier to supply public telecommunications services;

public telecommunications networks means public telecommunications infrastructure which permits telecommunications between an among defined network termination points

public telecommunications service means any telecommunications service that a Party requires, explicitly or in effect, to be offered to the public generally. Such services may include, inter alia, telephone and data transmission typically involving customer-supplied information between two or more points without any end-to-end change in the form or content of the customer's information, but does not include information services;

reference interconnection offer means an interconnection offer extended by a major supplier and filed with or approved by a telecommunications regulatory body that is sufficiently detailed to enable a supplier of public telecommunications services that is willing to accept its rates, terms, and conditions to obtain interconnection without having to engage in negotiations with the major supplier;

standardization measures means the rules, technical regulations or procedures for conformity assessment;

telecommunications means the transmission and reception of signals by any electromagnetic means, including by photonic means;

telecommunications regulatory body means a national body responsible for the regulation of telecommunications;

terminal equipment means any analog or digital device capable of processing, receiving, switching, signaling or transmitting signals by electromagnetic means and that is connected by radio or wire to a public telecommunications transport network at a termination point; and

user means an end-user or a supplier of public telecommunications services.

(11) The technical definitions on Telecommunications shall be evaluated under the recommendations of the International Union of Telecommunications.

Chapter 14. Electronic Commerce

Article 14.01. General

1. The Parties recognize the economic growth and opportunity that electronic commerce provides, the importance of avoiding barriers to its use and development, and the applicability of WTO rules to measures affecting electronic commerce.

2. For greater certainty, nothing in this Chapter shall be construed to prevent a Party from imposing internal taxes, directly or indirectly, on digital products, provided they are imposed in a manner consistent with this Agreement.

Article 14.02. Electronic Supply of Services

For greater certainty, the Parties affirm that measures affecting the supply of a service using electronic means fall within the scope of the obligations contained in the relevant provisions of Chapters 10 (Investment), 11 (Cross-Border Trade in Services), and 12 (Financial Services), subject to any exceptions or non-conforming measures set out in this Agreement, which are applicable to such obligations.

Article 14.03. Digital Products

1. No Party may impose customs duties, fees, or other charges on or in connection with the importation or exportation of digital products by electronic transmission.

2. For purposes of determining applicable customs duties, each Party shall determine the customs value of an imported carrier medium bearing a digital product based on the cost or value of the carrier medium alone, without regard to the cost or value of the digital product stored on the carrier medium.

3. No Party may accord less favorable treatment to some digital products transmitted electronically than it accords to other like digital products transmitted electronically:

(a) on the basis that (i) the digital products receiving less favorable treatment are created, produced, published, stored, transmitted, contracted for, commissioned, or first made available on commercial terms outside its territory; or

(ii) the author, performer, producer, developer, or distributor of such digital products is a person of the other Party or non-Party; or

(b) so as otherwise to afford protection to the other like digital products that are created, produced, published, stored, transmitted, contracted for, commissioned, or first made available on commercial terms in its territory. (1)™

4. No Party may accord less favorable treatment to digital products transmitted electronically:

(a) that are created, produced, published, stored, transmitted, contracted for, commissioned, or first made available on commercial terms in the territory of the other Party than it accords to like digital products transmitted electronically that are created, produced, published, stored, transmitted, contracted for, commissioned, or first made available on commercial terms in the territory of a non-Party; or

(b) whose author, performer, producer, developer, or distributor is a person of the other Party than it accords to like digital products transmitted electronically whose author, performer, producer, developer, or distributor is a person of a non-Party.

5. Paragraphs 3 and 4 do not apply to any non-conforming measure described in Articles 10.13 (Non-Conforming Measures), 11.07 (Non-Conforming Measures), or 12.09 (Non- Conforming Measures).

(1) For greater certainty, this paragraph does not provide any right to a non-Party or a person of a non-Party.

Article 14.04. Transparency

  • 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