Nicaragua - Taiwan Province of China FTA (2006)
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Each Party shall publish or otherwise make available to the public its laws, regulations, and other measures of general application that pertain to electronic commerce.

Article 14.05. Cooperation

Recognizing the global nature of electronic commerce, the Parties affirm the importance of:

(a) working together to overcome obstacles encountered by small and medium enterprises in using electronic commerce;

(b) sharing information and experiences on laws, regulations, and programs in the sphere of electronic commerce, including those related to data privacy, consumer confidence in electronic commerce, cyber-security, electronic signatures, intellectual property rights, and electronic government;

(c) working to maintain cross-border flows of information as an essential element in fostering a vibrant environment for electronic commerce;

(d) encouraging the private sector to adopt self-regulation, including through codes of conduct, model contracts, guidelines, and enforcement mechanisms that foster electronic commerce; and

(e) actively participating in bilateral and multilateral fora to promote the development of electronic commerce.

Article 14.06. Definitions

For purposes of this Chapter:

carrier medium means any physical object capable of storing the digital codes that form a digital product by any method now known or later developed, and from which a digital product can be perceived, reproduced, or communicated, directly or indirectly, and includes an optical medium, a floppy disk, and a magnetic tape;

digital products means computer programs, text, video, images, sound recordings, and other products that are digitally encoded; (2)

electronic means means employing computer processing; and

electronic transmission or transmitted electronically means the transfer of digital products using any electromagnetic or photonic means.

(2) For greater certainty, digital products do not include digitized representations of financial instruments.

Chapter 15. Temporary Entry for Business Persons

Article 15.01. General Principles

This Chapter reflects the preferential trading relationship between the Parties, the desirability of facilitating temporary entry on a reciprocal basis and of establishing transparent criteria and procedures for temporary entry, and the necessity to ensure border security and to protect the domestic labor force and permanent employment in their respective territories.

Article 15.02. General Obligations

1. Each Party shall apply its measures relating to the provisions of this Chapter in accordance with Article 15.01 and, in particular, shall apply expeditiously those measures so as to avoid unduly delaying or impairing trade in goods or services or conduct of investment activities under this Agreement.

2. The Parties shall endeavor to develop and adopt common criteria, definitions and interpretations for the implementation of this Chapter.

Article 15.03. Grant of Temporary Entry

1. Each Party shall grant temporary entry to business persons who are otherwise qualified for entry under applicable measures relating to public health and safety and national security, in accordance with this Chapter, including the provision of Annex 15.03 and 15.03(1).

2. A Party may refuse a temporary entry to a business person where the temporary entry of that person might affect adversely:

(a) the settlement of any labor dispute that is in progress at the place or intended place of employment; or

(b) the employment of any person who is involved in such dispute.

3. Each Party shall limit any fees for processing applications for temporary entry of business persons to the approximate cost of services rendered.

4. An authorization of temporary entry under this Chapter, does not supersede the requirements demanded by the exercise of a profession or activity according to the specific rules in force in the territory of the Party authorizing the temporary entry.

Article 15.04. Provision of Information

Further to Article 20.02 (Publication), each Party shall: provide to the other Party such materials as will enable it to become acquainted with measures to be adopted relating to this Chapter.

Article 15.05. Dispute Settlement

1. A Party may not initiate proceedings under Article 22.05 (Consultations) regarding a refusal to grant temporary entry under this Chapter or a particular case arising under Article 15.02 unless:

(a) the matter involves a pattern of practice; and

(b) the business person has exhausted the available administrative review regarding the particular matter.

2. The administrative review referred to in paragraph 1(b) shall be deemed to be exhausted if a final determination in the matter has not been issued by the competent authority within six months of the institution of an administrative proceeding, and the failure to issue a determination is not attributable to delay caused by the business person.

Article 15.06. Definitions

1. For purposes of this Chapter:

business activities means legitimate commercial activities undertaken and operated with the purpose of obtaining profits in the market, not including the possibility of obtaining employment, wages or remuneration temporal or permanent from a labour source in the territory of a Party;

business person means a national of a Party who is engaged in trade of goods, provision of services or conduct of investment activities, without the intention to seek employment;

labor certification means procedure applied by the competent administrative authority with the purpose of determining if a national of a Party who seeks a temporary entry into the territory of the other Party displaces national workers in the same domestic industry or noticeably harms labour conditions in it;

national means "national" as defined in Chapter 2 (General Definitions), but not including those permanent residents;

pattern of practice means a practice repeatedly followed by the immigration

authorities of one Party during the representative period immediately before the execution of the same; and

temporary entry means entry into the territory of a Party by a business person of the other Party without the intention to establish permanent residence.

2. For purposes of Annex 15.03:

executive functions means functions assigned in an organization to a person who shall have the following basic responsibilities:

(a) managing the administration of the organization, or of a relevant component, or function within it;

(b) establishing the policies and objectives of the organization, component or function; or

(c) receiving supervision or general direction only from executives in a higher level, the board of directors or the administrative council of the organization or its shareholders;

functions requiring specialized knowledge means functions that require special knowledge of goods, services, research, equipment, techniques, management of an organization or of its interests and their application in international markets, or an advanced level of knowledge or experience in the processes and procedures of the organization; and

management functions means functions assigned in an organization to a person who shall have the following basic responsibilities:

(a) managing the organization or an essential function within it;

(b) supervising and controlling the work of other professional employees, supervisors or administrators;

(c) having the authority to engage and dismiss or to recommend these actions, and to undertake other actions related to management of the personnel directly supervised by this person, and to perform senior functions within the organization hierarchy or functions related to his position; or

(d) performing discretionary actions related to the daily operation of the function over which this person has the authority.

Annex 5.03. Temporary Entry for Business Persons

Section A. Business Visitors

1. Each Party shall grant temporary entry and expedite document verification to a business person seeking to engage in a business activity set out in Appendix 15.03(A)(1), without other requirements than those established by the existing immigration measures applicable to temporary entry, on presentation of:

(a) proof of nationality of a Party;

(b) documentation demonstrating that the business person will be so engaged and describing the purpose of entry, and evidence demonstrating that the proposed business activity is international in scope and that the business person is not seeking to enter the local labor market.

2. Each Party shall consider that a business person satisfies the requirements of paragraph 1(b) by demonstrating that:

(a) the primary source of remuneration for the proposed business activity is outside the territory of the Party granting temporary entry; and

(b) the business person's principal place of business and the actual place of accrual of most of the profits remain outside such territory.

For purpose of this paragraph, a Party that authorizes temporary entry shall normally accept a declaration as to the principal place of business and the actual place of accrual of profits. Where the Party requires further proof, it should be conducted according to its law.

3. Each Party shall grant temporary entry to a business person seeking to engage in a business activity other than those set out in Appendix 15.03(A)(1), on a basis no less favorable than that provided under the existing provisions of the measures set out in Appendix 15.03(A)(1).

4. No Party may: (a) as a condition for temporary entry under paragraph 1 or 3, require prior approval procedures, petitions, labor certification tests or other procedures of similar effect; or

(b) impose or maintain any numerical restriction relating to temporary entry in accordance with paragraph 1 or 3.

15-4

5. Notwithstanding paragraph 4, a Party may require a business person seeking temporary entry under this Section to obtain a visa or its equivalent prior to entry. The Parties shall consider removing their visa or equivalent document requirement.

Section B. Traders and Investors

1. Each Party shall grant temporary entry and provide documentation verification to a business person, who in a capacity that is managerial, executive or requiring specialized knowledge, provided that the business person otherwise complies with existing immigration measures applicable to temporary entry, and seeks to:

(a) carry on substantial trade in goods or services principally between the territory of the Party of which the business person is a national and the territory of the other Party into which entry is sought; or

(b) establish, develop, administer or provide advice or key technical services to the operation of an investment to which the business person or the business person's enterprise has committed, or is in the process of committing, a substantial amount of capital.

2. No Party may:

(a) as a condition for authorizing temporary entry under paragraph 1, require labor certification tests or other procedures of similar effect; or

(b) impose or maintain any numerical restriction relating to temporary entry in accordance with paragraph 1.

3. Notwithstanding paragraph 2, a Party may require a business person seeking temporary entry under this Section to obtain a visa or its equivalent prior to entry. The Parties shall consider avoiding or removing their visa or equivalent document requirement.

Section C. Intra-corporate Transferees

1. Each Party shall grant temporary entry and provide confirming documentation to a business person employed by an enterprise who seeks to render management, executive or functions requiring specialized knowledge to that enterprise or a subsidiary or affiliate thereof, provided that the business person otherwise complies with effective immigration measures applicable to temporary entry. A Party may require the person to have been employed continuously by the enterprise for one year immediately preceding the date of the application for admission.

2. No Party may:

(a) as a condition for temporary entry under paragraph 1, require labor certification tests or other procedures of similar effect; or

(b) impose or maintain any numerical restriction relating to temporary entry under paragraph 1.

3. Notwithstanding paragraph 2, a Party may require a business person seeking temporary entry under this Section to obtain a visa or its equivalent prior to entry. The Parties shall consider avoiding or removing their visa or equivalent document requirement.

Annex 15.03(1). Special Provision Regarding Temporary Entry of Business Persons For the Republic of Nicaragua:

The business person who enters the Republic of Nicaragua under any of the categories of Annex 15.03 shall hold a temporary residency and may renew this for consecutive periods, as long as the conditions under which the residency was granted remain the same. Such persons may not request a permanent residency nor change their immigration status, unless they comply with the general provisions of the Ley de Migración, Law No. 153 of April 30, 1993, and Ley de Extranjeria, Law No. 154 of May 3, 1993.

For the Republic of China (Taiwan):

1. The business person should obtain a visitor or resident visa prior to entry. A visitor visa of which validity no longer than 1 year, multiple entry and 90 day duration of stay may be issued. The entry visa held by a business person, who engages in the performance of contract, such as subcontract, sale, or technical cooperation, shall be deemed as a work permit for the first fourteen days. The business person in possession of a resident visa may stay in the Republic of China (Taiwan) provided the work permit remains valid. The duration of stay may be extendable for consecutive periods as long as the conditions justifying it are maintained. Such a person may not require permanent residence unless satisfying the provisions of the Immigration Law.

2. If a business person is defined as a resident in the mainland China area by the Statute Governing the Relations Between the People of the Taiwan Area and the Mainland Area and its Regulations, the person must apply for entry permit according to the said Statute and Regulations.

Appendix 15.03(A)(1). Business Vistors

Research and Design

- Technical, scientific and statistical researchers conducting independent research or research for an enterprise established in the territory of the other Party.

Cultivation, Manufacture and Production Purchasing

- Purchasing and production personnel at managerial level conducting commercial operation for an enterprise established in the territory of the other Party.

Marketing

- Market researchers and analysts conducting independent research or analysis, or research or analysis for an enterprise established in the territory of the other Party.

- Trade fair and promotional personnel attending a trade convention.

Sales

- Sales representatives and agents taking orders or negotiating contracts on goods or services for an enterprise established in the territory of the other Party but not delivering goods or providing services.

- Buyers purchasing for an enterprise established in the territory of the other Party.

After-sale Service

- Installation, repair and maintenance personnel, and supervisors, possessing specialized knowledge essential to a seller's contractual obligation, performing services or training workers to perform services, pursuant to a warranty or other service contract incidental to the sale of commercial or industrial equipment or machinery, including computer software, purchased from an enterprise located outside the territory of the Party into which temporary entry is sought, during the life of the warranty or service agreement.

General Service

- Consultants conducting business activities at the level of the provision of cross-border services.

- Management and supervisory personnel engaging in a commercial operation for an enterprise established in the territory of the other Party.

- Financial services personnel engaging in commercial operation for an enterprise established in the territory of the other Party.

- Public relations and advertising personnel consulting with business associates, or attending or participating in conventions.

- Tourism personnel (tour and travel agents, tour guides or tour operators) attending or participating in conventions or conducting a tour that has begun in the territory of the other Party.

Appendix 15.03(A)(3). Existing Immigration Measures

In the case of the Republic of Nicaragua:

- Ley de Nacionalidad, Law No.149, Published in the Official Gazette No. 124 on June 30, 1992;

- Ley de Migración. Law No.153, Published in the Official Gazette No. 80 on April 30, 1993;

- Ley de Extranjerfa. Ley No. 154, Published in the Official Gazette No 81 on May 3, 1993;

- Ley de Control de Trafico de Migrantes llegales. Law No.240, Published in the Official Gazette No.220 on November 20, 1996;

- Ley de Incentivos Migratorios, Law No.250, Published in the Official Gazette No. 52 don March 14, 1997;

- Decree-Law 15-94 Aranceles por Servicios de Migración y Extranjeria Published in the Official Gazette No 62 on April 6, 1994; and

- Decree N° 57-2005 Sobre la Aplicación para Visas para Nacionalidades Restringidas, Published in the Official Gazette No 172 on September 5, 2005.

In the case of the Republic of China (Taiwan):

The Immigration Law, promulgated No. 8800119740 on May 21, 1999;

The Statute Governing Issuance of Republic of China (Taiwan) Visas on Foreign Passports, promulgated on June 02, 1999 and the Regulations for Issuance of Republic of China (Taiwan) Visas on Foreign Passports, promulgated on May 31, 2000;

Employment Service Act, Promulgated on May 8, 1992, amended on May 16, 2003; and

Enforcement Rules of the Employment Service Act, amended by the Council of Labor Affairs on January 13, 2004.

Part Five. Competition Policy

Chapter 16. Competition Policy

Article 16.01. Objectives

1. The purposes of this Chapter are to endeavor that the benefits of trade liberalization are not undermined by anticompetitive activities and to promote cooperation and coordination between the competent authorities of the Parties.

2. The Parties recognize the importance of cooperation and coordination in enforcing compliance mechanisms, including notification, consultation and exchange of information related to the competition policies in the context of the norms established in the national legislation of each Party's competition laws and policies, provided that these do not contravene the legal obligations concerning confidentiality.

3. Furthermore, the Parties shall endeavor to establish mechanisms that facilitate and promote the development of a competition policy and ensure the implementation of free competition standards between and within the Parties, for the purpose of preventing the negative effects of anticompetitive practices in the free trade area.

4. Neither Party may have recourse to dispute settlement under this Agreement for any matter arising under this Article.

Article 16.02. Free Competition Committee

The Free Competition Committee is hereby created and shall be made up of one member from each Party. The Committee's main function shall be to search for the most appropriate means to implement the provisions set forth in paragraphs 1, 2 and 3 of the previous article, as well as any other task assigned it by the Committee. This Committee will meet at least once a year.

Article 16.03. Monopolies

1. Nothing in this Agreement shall be construed to prevent a Party from designating a monopoly.

2. Where a Party intends to designate a monopoly and the designation may affect the interests of persons of the other Party, the Party shall:

(a) wherever possible, provide prior written notification to the other Party of the designation; and

(b) endeavor to introduce at the time of the designation such conditions on the operation of the monopoly as will minimize or eliminate any nullification or impairment of benefits.

3. Each Party shall ensure, through regulatory control, administrative supervision or the application of other measures, that any privately-owned monopoly that it designates and any government monopoly that it maintains or designates:

(a) acts in a manner that is not inconsistent with the Party's obligations under this Agreement wherever such a monopoly exercises any regulatory, administrative or other governmental authority that the Party has delegated to it in connection with the monopolized good and services, such as the power to grant import or export licenses, approve commercial transactions or impose quotas, fees or other charges;

(b) except to comply with any terms of its designation that are not inconsistent with subparagraph (c) acts solely in accordance with commercial considerations in its purchase or sale of the monopoly good and services in the relevant market, including with regard to price, quality, availability, marketability, transportation and other terms and conditions of purchase or sale; and

(c) does not use its monopoly position to engage, either directly or indirectly, including through its dealings with its parent, its subsidiary or other enterprise with common ownership, in anticompetitive practices in a non-monopolized market in its territory that adversely affects the other Party, including through the discriminatory provision of the monopoly good and services, cross-subsidization or predatory conduct.

Article 16.04. State Enterprises

1. Nothing in this Agreement shall be construed to prevent a Party from maintaining or establishing a state enterprise.

2. Each Party shall ensure, through regulatory control, administrative supervision or the application of other measures, that any state enterprise that it maintains or establishes acts in a manner that is not inconsistent with the Party's obligations wherever such enterprise exercises any regulatory, administrative or other governmental authority that the Party has delegated to it, such as the power to expropriate, grant licenses, approve commercial transactions or impose quotas, fees or other charges.

3. Each Party shall ensure that any state enterprise that it maintains or establishes accords non-discriminatory treatment in the sale of its goods.

Article 16.5. Definitions

For purposes of this Chapter:

designate means to establish, designate or authorize, or to expand the scope of a monopoly to cover an additional good or service, after the date of entry into force of this Agreement;

monopoly means an entity, including a consortium or government agency, that in any relevant market in the territory of a Party is designated as the sole provider or purchaser of a good or service, but does not include an entity that has been granted an exclusive intellectual property right solely by reason of such grant; and

state enterprise means an enterprise owned, or controlled through ownership interests, by a Party.

Part Six. Intellectual Property Rights

Chapter 17. Intellectual Property Rights

  • 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