Nicaragua - Taiwan Province of China FTA (2006)
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2. The Parties, through their respective customs authorities, agree to develop a technical cooperation program under mutually agreed terms concerning the scope, timetable and cost of cooperation measures in customs-related areas, such as, inter alia:

(a) training;

(b) risk management;

(c) prevention and detection of smuggling and illicit activities;

(d) implementation of the Customs Valuation Agreement;

(e) audit and verification frameworks;

(f) electronic exchange of information; and

(g) advance rulings.

Article 5.04. Future Work Program

1. For the purpose of undertaking further steps to facilitate trade under this Agreement, the Parties agree to establish the following work program:

(a) to develop a Cooperation Program to implement the obligations under Chapter 4 (Rules of Origin and Related Customs Procedures) for the purpose of facilitating compliance with the obligations set forth in this Agreement; and

(b) to identify and submit to the Commission, where appropriate, new measures intended to promote trade facilitation among the Parties, taking as a basis the objectives and principles set forth in Article 5.01 and 5.02, including, inter alia:

(i) common customs procedures;

(ii) general measures to facilitate trade;

(iii) import and export controls ;

(iv) transport;

(v) promotion and implementation of regulations;

(vi) use of automated systems and electronic data interchange (EDI);

(vii) availability of information;

(viii) customs and other official procedures concerning the clearance of transportation means;

(ix) simplification of the required information for clearance of goods; transit of goods;

(x) trade practices; and

(xi) payment procedures for customs duties and charges.

2. The Parties may periodically review the work program referred to in this Article, for the purpose of reaching agreement on new avenues of cooperation that may result necessary to facilitate compliance with trade facilitation obligations and principles, including new procedures that may be agreed by the Parties.

3. The Parties, through their respective customs authorities and other border competent authorities shall review, where appropriate, international trade facilitation initiatives for the purpose of identifying areas in which additional joint actions would facilitate trade between the Parties and promote shared multilateral objectives.

Chapter 6. Safeguard Measures

Article 6.01. Bilateral Safeguard Measures

1. The application of bilateral safeguard measures shall be governed by provisions in this Chapter and supplemented by the provisions contained in Article XIX of GATT 1994, the Agreement on Safeguards and each Party's respective legislation.

2. During the transition period, each Party may apply a safeguard measure if, as a result of the reduction or elimination of a custom duty pursuant to this Agreement, a good originating in the territory of a Party is being imported into the territory of the other Party, in such increased quantities in absolute terms or relative to domestic production, and under such conditions, as to constitute a substantial cause of serious injury or threat thereof, to a domestic industry producing the like or directly competitive good.

3. If the conditions in paragraph 2 are met, the Party may to the extent necessary remedy or prevent serious injury or threat thereof, and facilitate adjustment:

(a) suspend the future reduction of any customs duty on the product provided for under this Agreement; or

(b) increase the customs duty on the product to a level not to exceed the lesser of:

(i) the Most-favored-Nation (MFN) applied customs duty in effect at the time the action is taken; and

(ii) the MFN applied customs duty in effect on the day immediately preceding the date of entry into force of this Agreement.

Article 6.02. Standards for a Safeguard Measures

1. Except with the consent of the Party against whose originating good the action is taken, a Party may apply a safeguard measure, including any extension thereof, for no longer than three years.

2. Subject to paragraph 1 a Party may extend the period of a safeguard measure beyond a period of two years if the investigating authority determines, in conformity with the procedures set out in Article 6.04, that the measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the domestic industry is adjusting.

3. In order to facilitate adjustment in a situation where the duration of a safeguard measure is over two years, the Party applying the measure shall progressively liberalize it at regular intervals during the extension period of application.

4. The Parties may only apply and extend the application of safeguard measures on the same good on two occasions during the transition period.

5. A safeguard measure may be applied on a second occasion, provided that at least a period equivalent to the half of that one during which the safeguard measure was applied for the first time has passed.

6. Except with the consent of the Party against whose originating good the action is taken, no Party may maintain a safeguard measure beyond the expiration of the transition period.

7. Beginning on January 1 of the year following the termination of the measure, the Party that has applied the measure shall:

(a) apply the customs duty set out in the Party Schedule to Annex 3.03 (Customs Tariff Elimination Schedule) as if the safeguard measure had never been applied; or

(b) eliminate the customs duty in equal annual stages ending on the date set out in the Party's Schedule to Annex 3.03 (Customs Tariff Elimination Schedule) from the customs duty applied before the action is taken.

Article 6.03. Provisional Measures

1. In critical circumstances, where delay would cause damage which it would be difficult to repair, a Party may take a provisional safeguard measure pursuant to a preliminary determination that there is clear evidence that imports originated from the other Party have increased as the result of the reduction or elimination of a customs duty under this Agreement, and on condition that this increase has been the cause of serious injury, or threat thereof. The duration of such a provisional measure shall not exceed 120 days.

2. The period during which a provisional safeguard measure has been applied shall be counted for purposes of determining the duration of the period during which the final safeguard measure shall be applied pursuant to Article 6.02.

3. Provisional measures that do not become final shall be excluded from the limitation provided in Article 6.02.

Article 6.04. Administration of Safeguard Proceeding

1. Each Party shall ensure consistent and impartial application of its laws, regulations, decisions and rulings governing all safeguard procedures.

2. Each Party shall entrust the procedures for applying safeguard measures, the determination of serious injury, or threat thereof, to the competent investigating authority as defined in Annex 6.04, subject to review by judicial or administrative authorities, to the extent provided by domestic legislation. Negative determinations on the existence of serious injury, or threat thereof, may not be modified by the investigating authority unless such change is required by the respective judicial or administrative bodies. The investigating authority empowered under domestic legislation to conduct such procedures shall be provided with all means necessary to fulfill its duties.

3. Each Party shall adopt or maintain equitable, timely, transparent and effective procedures for applying safeguard measures, in accordance with the requirements set forth in this Chapter and the provisions of the Agreement on Safeguards.

Article 6.05. Notification and Consultations

1. A Party shall promptly notify the other Party, in writing, on:

(a) initiating a safeguard investigation under this Chapter;

(b) making a finding of serious injury, or threat thereof, caused by increased imports under Article 6.01; and

(c) taking a decision to apply or extend a safeguard measure.

2. A Party shall provide to the other Party a copy of the public version of the report of its competent investigating authority.

3. On request of a Party whose good is subject to a safeguard investigation under this Chapter, the Party conducting that investigation shall enter into consultations with the requesting Party to review a notification under paragraph 1 or any public notice or report that the investigating authority has issued in connection with the investigation.

4. Any safeguard measure shall enter into force no later than one year from the date on which the investigation is initiated.

Article 6.06. Compensation

1. The Party applying a safeguard measure described in this Article shall after consultations with the Party against whose product the measure is applied, provide a mutually agreed compensation in the form of concessions having substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the measure. The Party shall provide an opportunity for such consultations no later than 30 days, or a period otherwise mutually agreed, after the application of the safeguard measure.

2. If the consultations of paragraph 1 do not result in an agreement on the compensation within 30 days, or a period otherwise mutually agreed, the Party against whose originating good the measure is applied may suspend the application of substantially equivalent concessions to the trade of the Party applying the safeguard measure.

3. A Party shall notify the Party applying the safeguard measure in writing at least 30 days before suspending concessions under paragraph 2.

4. The obligation to provide compensation under paragraph 1 and the right to suspend concessions under paragraph 2 shall terminate on the later of:

(a) the termination of the safeguard measure, or

(b) the date on which the customs duty returns to the rate of duty set out in the Party Schedule to Annex 3.03 (Customs Tariff Elimination Schedule).

Article 6.07. Global Safeguard Measures

1. Each Party retains its rights and obligations under Article XIX of GATT 1994 and the Agreement on Safeguards.

2. This Agreement does not confer any additional rights or obligations on the Parties with regard to actions taken pursuant to Article XIX of the GATT 1994 and the Agreement on Safeguards, except that a Party taking such an action may exclude imports of an originating good of the other Party covered by this Agreement if that Party accounts for not more than seven percent of total imports of the good concerned.

3. No Party may apply, with respect to the same good, at the same time:

(a) a bilateral safeguard measure; and

(b) a measure under Article XIX of the GATT 1994 and the Agreement on Safeguards.

Article 6.08. Dispute Settlement on Safeguard Measures

Neither Party may request the establishment of an arbitral group pursuant to Article 22.07 (Request for Establishment of an Arbitration Group), before the other Party has imposed a safeguard measure.

Article 6.09. Definitions

For purposes of this Chapter:

Agreement on Safeguards means the WTO Agreement on Safeguards;

causality relation means "causality relation" as defined in the Agreement on Safeguards;

critical circumstances means circumstances where the delay of the application of safeguard measures could cause damage which would be difficult to repair;

domestic industry means with respect to an imported good, the producers as a whole of the like or directly competitive good, or those producers whose collective production of like or directly competitive products constitutes a major proportion of the total domestic production of such goods; and

investigating authority means the competent "investigating authority" as defined in Annex 6.04;

safeguard measure means a measure described in Article 6.01. (1)

serious injury means "serious injury" as defined in the Agreement on Safeguards (a significant overall impairment in the position of a domestic industry);

substantial cause means a cause which is important and not less than any other cause;

threat of serious injury means "threat of serious injury" as defined in the Agreement on Safeguards (serious injury that on the basis of facts and not merely on allegation, conjecture, or remote possibilities, is clearly imminent); and

transition period means the tariff elimination period for the good set out in the Party's Schedule.

(1) The Parties understand that neither tariff rate quotas nor quantitative restrictions would be a permissible form of safeguard measure.

Chapter 7. Unfair Trade Practices

Anti-dumping and Countervailing Duty Matters

Article 7.01. Anti-dumping and Countervailing Duties

Except as provided in this Chapter, an antidumping measure or countervailing duty imposed by a Party on the goods imported from territory of the other Party shall be subject to Article VI of the GATT 1994, AD Agreement and the SCM Agreement, as appropriate.

Article 7.02. Consultations

Without prejudice to the right of any Party, a Party may invite the other Party for consultations, prior to initiating an antidumping or countervailing investigation under this Chapter, with the aim of clarifying the facts of the situation and to arrive at a mutually agreed solution.

Article 7.03. Standing of Domestic Industry

An antidumping or countervailing investigation shall not be initiated between the Parties unless the authorities have determined that the application has been made by or on behalf of the domestic industry whose collective output constitutes more than 50 percent of the total production of the like good produced by the domestic industry.

Article 7.04. Maximum Period for Completing on Investigation

An antidumping or countervailing investigation initiated by a Party against the products imported from the territory of the other Party shall be concluded within one year and, in special circumstances, this period may be extended to no more than 15 months, after its initiation.

Article 7.05. Duration of the Measures

Any definitive antidumping or countervailing duty imposed by a Party on a good imported from territory of the other Party shall be terminated on a date not later than four years from its imposition, notwithstanding the right to review in accordance with the WTO Agreement included in Article 7.01.

Article 7.06. Modifications

The Parties agree that negotiations for modifications of this Chapter will be initiated if a Party deems necessary.

Part Three. Technical Barriers to Trade

Chapter 8. Sanitary and Phytosanitary Measures

Article 8.01. Objectives

The objectives of this Chapter are to protect human, animal, or plant life or health in the Parties’ territories, enhance the implementation of the SPS Agreement, and establish a Committee for addressing and resolving issues on sanitary and phytosanitary matters.

Article 8.02. General Provisions

1. The Parties reaffirm the provisions under the SPS Agreement.

2. Those that are legally responsible for ensuring compliance with sanitary and phytosanitary requirements provided in this Chapter are deemed as the competent authorities.

3. Based on the SPS Agreement, the Parties establish this framework of rules and disciplines to guide the development, adoption and compliance with sanitary and phytosanitary measures.

4. The Parties, shall facilitate trade through mutual cooperation to prevent the introduction or spread of pests and diseases, and improve plant health, animal health, and food safety.

Article 8.03. International Standards and Harmonization

With the aim to harmonize sanitary and phytosanitary measures, the Parties shall follow the principles as described below:

(a) each Party shall use international standards, guidelines or recommendations as reference guideline for its sanitary and phytosanitary measures;

(b) each Party may adopt, implement, establish or maintain a sanitary or phytosanitary measure with a level of protection different from or stricter than that of international standards, guidelines or recommendations, provided that there is scientific justification for the measure;

(c) with the aim of reaching a higher degree of harmonization, each Party shall follow the guidelines of the SPS Agreement, the IPPC for plant health, the OIE for animal health and the Codex on food safety and tolerance limits; and

(d) the Parties shall establish harmonized systems for the procedures of control, inspection and approval of the sanitary and phytosanitary measures for animals, plants, their products and by-products as well as food safety.

Article 8.04. Equivalence

For the purpose of applying sanitary and phytosanitary measures in the territories of the Parties, the Parties shall accept as equivalent the sanitary and phytosanitary measures of the other Party in accordance with the following principles:

(a) a Party shall accept the sanitary or phytosanitary measures of the other Party as equivalent, even if these measures differ from its own in the same product, if the other Party objectively demonstrates to the Party that its measures, based on scientific information and risk assessment, achieve the Party's appropriate level of sanitary or phytosanitary protection. At the request of a Party, the other Party shall grant reasonable access for information related to inspection, testing and other relevant procedures; and

(b) the Parties shall facilitate access to their territories for purposes of inspection, testing, and other relevant procedures in order to establish equivalence between their sanitary and phytosanitary measures.

Article 8.05. Assessment of Risk and Determination of the Appropriate Level of Sanitary or Phytosanitary Protection

In accordance with the guidelines developed by relevant international organizations recognized by the WTO:

(a) the Parties shall ensure that their sanitary or phytosanitary measures are, based on an assessment, as appropriate to the circumstances, of the existing risks to human (food safety), animal or plant life or health protection, taking into account the guidelines and risk assessment techniques developed by the relevant international organizations;

(b) the Parties shall facilitate the necessary conditions for the evaluation of their sanitary or phytosanitary services, by using the procedures in force, for the assessment of controls, inspections and application of sanitary or phytosanitary measures and programs, taking into account the guidelines and recommendations of the relevant international organizations;

(c) in assessing the risk that may exist in a commodity and establishing the appropriate level of protection, the Parties shall take into account the following factors:

(i) available technical and scientific information;

(ii) existence of pests or diseases, and recognition of pest or disease-free areas and areas of low pest or disease prevalence;

(iii) epidemiology of pests or diseases;

(iv) analysis of critical control points in sanitary (food safety) and phytosanitary aspects;

(v) physical, chemical and biological hazards in foods;

(vi) relevant ecological and environmental conditions;

(vii) production methods and processes, and the inspection, sampling and testing methods;

(viii) structure and organization of sanitary or phytosanitary services;

(ix) protection procedures, epidemiological surveillance, diagnosis and treatment to ensure food safety;

(x) loss of production or sales in the event of entry, establishment, or spread of a pest or disease;

(xi) applicable quarantine measures and treatments that shall satisfy the importing Party on risk mitigation; and

(xii) the cost of control or eradication of pests or diseases in the territory of the importing Party, and the cost-effectiveness of alternative approaches to reduce risks;

(d) when establishing the appropriate level of protection, the Parties shall avoid arbitrary or unjustifiable distinctions, if such distinctions result in discrimination or disguised restriction on trade;

(e) when a Party determines that relevant scientific evidence is insufficient for a risk assessment, it may adopt a provisional sanitary or phytosanitary measure on the basis of available information, including information from the relevant international organizations described in this Chapter. In such circumstances, the Parties shall seek to obtain the additional information necessary for a more objective risk assessment and review the sanitary or phytosanitary measure accordingly within a reasonable period of time. For this purpose, the following procedures shall be applied:

(i) the importing Party provisionally applying the sanitary or phytosanitary measure shall, within 30 days of adopting the provisional measure, request the technical information necessary to complete a risk assessment from the other Party, which shall provide the required information. In case the information is not provided, the provisional measure shall be maintained, and if the information is not requested within the established period, the provisional measure shall be withdrawn;

(ii) if the importing Party has requested the information, it shall be a period of 60 days from the date of provision of such information to revise, withdraw or maintain the provisional measure as definitive. If necessary, the Party may extend the period;

(iii) the importing Party may request clarification of the information provided by the exporting Party;

(iv) the importing Party shall allow the exporting Party to provide its comments and shall take these into account in the conclusion of the risk assessment; and

(v) the adoption or amendment of a provisional sanitary or phytosanitary measure shall be immediately notified to the other Party through the notification authorities established under the SPS Agreement;

(f) where the risk assessment results in non-acceptance of an import, the scientific basis for the decision shall be notified in writing; and

(g) when a Party has reasons to believe that a specific sanitary or phytosanitary measure introduced or maintained by another Party is restricting, or has the potential to restrict its exports and the measure is not based on the relevant international standards, guidelines or recommendations, or such standards, guidelines or recommendations do not exist, an explanation of the reasons for such sanitary or phytosanitary measure may be requested and shall be provided by the Party maintaining the measure within 60 days from the date on which its competent authority receives the inquiry.

Article 8.06. Recognition of Pest- or Disease-Free Areas and Areas of Low Pest or Disease Prevalence

1. The Parties shall recognize, based on international standards, guidelines or recommendations, the pest- or disease-free areas and areas of low pest or disease prevalence. They shall take into account such factors as geographical situation, ecosystems, epidemiological surveillance, and the effectiveness of sanitary and phytosanitary controls in the area.

2. The Party declaring that an area within its territory is free of a specific pest or disease shall demonstrate such a condition objectively to the importing Party, and give assurances that the area shall remain free of that pest or disease on the basis of protection measures adopted by the authorities responsible for sanitary and phytosanitary services.

  • 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