Colombia - Costa Rica FTA (2013)
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Title

Free Trade Agreement between the Republic of Colombia and the Republic of Costa Rica

Preamble

PREAMBLE

The Government of the Republic of Colombia and the Government of the Republic of Costa Rica, hereinafter referred to as the "Parties", determined to:

STRENGTHEN the traditional bonds of friendship and the spirit of cooperation between their peoples;

PROMOTE economic development in a manner consistent with the protection and conservation of the environment, as well as with sustainable development;

PROMOTE the creation of employment opportunities and improve the living standards of their peoples in their respective territories in order to reduce poverty;

CREATE a larger and more secure market for goods and services produced in their respective territories;

CONTRIBUTE to regional economic integration;

ESTABLISH clear and mutually beneficial rules for the commercial exchange of their goods and services, as well as for the promotion and protection of investments in their territories;

RECOGNIZE that the promotion and protection of investments of one Party in the territory of the other Party will contribute to increase the flow of investments and stimulate mutually beneficial commercial activity;

AVOID distortions in their reciprocal trade;

PROMOTE the competitiveness of their enterprises in global markets;

STIMULATE creativity and innovation and promote trade in the innovative sectors of their economies;

FACILITATE trade by promoting efficient, transparent and predictable customs procedures for their importers and exporters;

PROMOTE transparency in international trade and investment;

PRESERVE their ability to safeguard public welfare and public order;

DEVELOP their respective rights and obligations under the Marrakesh Agreement Establishing the World Trade Organization, as well as other treaties to which they are a party; and

RECOGNIZE that Colombia as a member of the Andean Community and Costa Rica as a member of the Central American Integration System are subject to rights and obligations within the framework of their respective integration processes,

HAVE AGREED, in pursuit of the foregoing, to conclude the following Free Trade Agreement (hereinafter referred to as the "Agreement"):

Body

Chapter 1. INITIAL PROVISIONS AND GENERAL DEFINITIONS

Section A. INITIAL PROVISIONS

Article 1.1. ESTABLISHMENT OF THE FREE TRADE AREA

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

Article 1.2. RELATIONSHIP WITH OTHER INTERNATIONAL AGREEMENTS

1. The Parties confirm the rights and obligations existing between them under the WTO Agreement and other agreements to which they are a party.

2. In the event of any inconsistency between this Agreement and the agreements referred to in paragraph 1, this Agreement shall prevail to the extent of the inconsistency, except as otherwise provided in this Agreement.

Article 1.3. SCOPE OF OBLIGATIONS

Each Party shall ensure the adoption of all measures necessary to give effect to the provisions of this Agreement in its territory and at all levels of government.

Section B. GENERAL DEFINITIONS

Article 1.4. DEFINITIONS OF GENERAL APPLICATION

For the purposes of this Agreement, unless otherwise specified:

Antidumping Agreement means the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 of the WTO;

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

SPS Agreement means the WTO Agreement on the Application of Sanitary and Phytosanitary Measures; TBT Agreement means the WTO Agreement on TBT;

TBT Agreement means the WTO Agreement on Technical Barriers to Trade;

WTO Agreement means the Marrakesh Agreement Establishing the World Trade Organization, dated April 15, 1994;

TRIPS Agreement means the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (1);

Agreement on Safeguards means the Agreement on Safeguards of the WTO;

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

GATS means the WTO General Agreement on Trade in Services; GATS means the WTO General Agreement on Trade in Services;

customs duty means any duty or charge of any kind imposed on or in connection with the importation of a good, including any form of surcharge or additional charge on or in connection with such imports. A "customs duty" does not include any:

(a) charge equivalent to an internal tax imposed pursuant to Article III of GATT 1994;

(b) antidumping duty, countervailing duty or safeguard measure applied in accordance with GATT 1994, the Antidumping Agreement, the Agreement on Subsidies and the Agreement on Safeguards, as the case may be;

(c) duty or other charge imposed in accordance with Article VIII of GATT 1994;

Chapter means the first two digits of the Harmonized System Tariff Classification number;

Commission means the Free Trade Commission established under Article 20.1 (The Free Trade Commission);

government procurement means the process by which a government procures the use of or acquires goods or services, or any combination thereof, for governmental purposes and not with a view to commercial sale or resale or with a view to use in the production or supply of goods or services for commercial sale or resale;

days means calendar days;

enterprise means any entity incorporated or organized under applicable law, whether or not for profit, or whether privately or governmentally owned, including corporations, trusts, partnerships, sole proprietorships, joint ventures, and other forms of associations;

GATT 1994 means the General Agreement on Tariffs and Trade 1994 of the WTO;

measure includes any measure adopted by a Party, whether in the form of law, regulation, procedure, administrative decision or ruling, requirement, practice, or in any other form;

good means any product, article or material;

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

originating good means a good that qualifies under the rules of origin set out in Chapter 3 (Rules of Origin and Origin Procedures);

national means a natural person who is a national of a Party in accordance with Annex 1-A or a permanent resident of a Party;

MFN means Most Favored Nation;

central level of government means the national level of government;

local level of government means for:

(a) Colombia, the departments, districts and municipalities; and.

(b) Costa Rica, the municipalities;

WTO means the World Trade Organization;

item means the first four digits of the Harmonized System tariff classification number;

person means a natural person or a company;

Harmonized System (HS) means the Harmonized Commodity Description and Coding System, including its General Rules of Interpretation, Section Notes and Chapter Notes;

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

territory means, for a Party, the territory of that Party as set out in Annex 1-A.

(1) For greater certainty, TRIPS Agreement includes any waiver in force between the Parties of any provision of the TRIPS Agreement granted by WTO Members pursuant to the WTO Agreement.

Annex 1-A. PARTY-SPECIFIC DEFINITIONS

For purposes of this Agreement, unless otherwise specified:

natural person having the nationality of a Party means:

(a) with respect to Colombia, Colombians by birth or adoption, as determined by Article 96 of the Political Constitution of Colombia; and.

(b) with respect to Costa Rica, a Costa Rican as defined in Articles 13 and 14 of the Political Constitution of the Republic of Costa Rica.

territory (2) means:

(a) with respect to Colombia, its land territory, both continental and insular, its airspace and the maritime areas over which it exercises sovereignty, sovereign rights or jurisdiction in accordance with its Political Constitution, its domestic law and international law, including applicable international treaties; and

(b) with respect to Costa Rica, the national territory including airspace and maritime areas, where the State exercises complete and exclusive sovereignty or special jurisdiction in accordance with Articles 5 and 6 of the Political Constitution of the Republic of Costa Rica and International Law.

(2) For greater certainty, the definition and references to "territory" contained in this Agreement apply exclusively for purposes of determining the geographic scope of application of this Agreement.

Annex 1-B. OBJECTIVES OF THE AGREEMENT

The objectives of this Agreement are as follows:

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

(b) to contribute, through the elimination of barriers to trade, to the harmonious development and expansion of trade between the Parties and to facilitate the cross-border movement of goods and services between them;

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

(d) increasing investment opportunities in the territories of the Parties; and

(e) to create effective procedures within the framework of this Agreement for its implementation and enforcement, its joint administration, and for preventing and resolving disputes.

Chapter 2. NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS

Article 2.1. SCOPE OF APPLICATION

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

Section A. NATIONAL TREATMENT

Article 2.2. NATIONAL TREATMENT

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

2. Paragraph 1 shall not apply to the measures set out in Annex 2-A.

Section B. TARIFF ELIMINATION

Article 2.3. TARIFF ELIMINATION

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

2. Except as otherwise provided in this Agreement, each Party shall eliminate its customs duties on originating goods of the other Party in accordance with Annex 2-B.

3. The tariff elimination program provided for in this Chapter shall not apply to used goods, including goods that are identified as such in headings or subheadings of the Harmonized System. Used goods also include goods that have been rebuilt, remanufactured, remanufactured, or any other similar appellation given to goods that after having been used have undergone some process to restore them to their original characteristics or specifications, or to restore them to the functionality they had when new.

4. At the request of any Party, consultations shall be held to consider the improvement of tariff conditions for market access in accordance with Annex 2-B.

5. Notwithstanding Article 20.1 (The Free Trade Commission), an agreement between the Parties to improve tariff market access conditions for a good shall prevail over any customs duty or category defined in Annex 2-B for such good, when approved by the Parties in accordance with their applicable legal procedures.

6. For greater certainty, a Party may:

(a) following a unilateral reduction, increase a customs duty to the level set out in Annex 2-B; or

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

Section C. SPECIAL REGIMES

Article 2.4. CUSTOMS DUTY EXEMPTIONS

1. No Party may adopt a new waiver of customs duties, or extend the application of an existing waiver of customs duties with respect to existing beneficiaries, or extend it to new beneficiaries, where the waiver is conditioned, explicitly or implicitly, on compliance with a performance requirement.

2. No Party may condition, explicitly or implicitly, the continuation of any existing customs duty exemption on the fulfillment of a performance requirement.

Article 2.5. TEMPORARY ADMISSION OF GOODS

1. Each Party shall allow temporary admission free of customs duties for the following goods, irrespective of their origin:

(a) professional equipment, including equipment for scientific research, medical activities, press or television, computer software, and broadcasting and cinematography equipment necessary for the exercise of the business, trade or profession of a person that qualifies for temporary entry under the legislation of the importing Party;

(b) goods intended for display or demonstration at exhibitions, fairs, meetings or similar events;

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

(d) goods admitted for sporting purposes.

2. Each Party shall, at the request of the person concerned and for reasons deemed valid by its customs authority, extend the period for temporary admission beyond the period initially fixed in accordance with its legislation.

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

(a) is used only by or under the personal supervision of a national or resident of the other Party in the exercise of that person's business, trade, professional or sporting activity;

(b) is not for sale or lease while it remains in its territory;

(c) is accompanied by a bond or guarantee in an amount not exceeding the charges that would otherwise be due for entry or final importation, refundable upon departure of the good;

(d) is capable of identification upon export;

(e) is exported upon the departure of the person referred to in paragraph (a), or within such period of time corresponding to the purpose of the temporary admission as the Party may establish, or within one year, unless extended;

(f) is admitted in quantities no greater than is reasonable in accordance with its intended use; and

(g) is otherwise admissible into the territory of the Party in accordance with its legislation.

4. If any of the conditions imposed by a Party under paragraph 3 have not been met, the Party may apply the customs duty and any other charges that would normally be due on the good, plus any other charges or penalties established in accordance with its law.

5. Each Party shall adopt and maintain procedures to facilitate the expeditious release of goods admitted under this Article. To the extent possible, such procedures shall provide that when such merchandise accompanies a national or resident of the other Party who is requesting temporary entry, the merchandise shall be cleared simultaneously with the entry of that national or resident.

6. Each Party shall permit a good temporarily admitted under this Article to be exported through a customs port other than the port through which it was admitted.

7. Each Party shall provide that the importer or other person responsible for a good admitted under this Article shall not be liable for the inability to export the good upon presentation of evidence satisfactory to the importing Party that the good has been destroyed within the original time limit fixed for temporary admission or any lawful extension.

8. Subject to Chapter 12 (Investment) and Chapter 13 (Cross-Border Trade in Services), no Party may:

(a) prevent a vehicle or container used in international transportation that has entered its territory from the other Party from leaving its territory by any route that has a reasonable relationship to the prompt and economic departure of such vehicle or container;

(b) require a bond or impose any penalty or charge solely on the ground that the port of entry of the vehicle or container is different from the port of departure;

(c) condition the release of any obligation, including any bond, which it has applied to the entry of a vehicle or container into its territory, on its departure from a particular port; and

(d) require that the vehicle or carrier bringing a container into its territory from the territory of the other Party be the same vehicle or carrier that brings it into the territory of the other Party.

9. For the purposes of paragraph 8, vehicle means a truck, tractor-trailer, tractor-trailer, trailer or trailer unit, locomotive or railcar or other railway equipment.

Article 2.6. GOODS REIMPORTED AFTER REPAIR OR ALTERATION

1. No Party may apply a customs duty to a good, regardless of its origin, that has been re-entered into its territory after having been temporarily exported from its territory to the territory of the other Party for repair or alteration, regardless of whether such repair or alteration could have been carried out in the territory of the Party from which the good was exported for repair or alteration.

2. No Party may apply a customs duty to a good that, regardless of its origin, is temporarily admitted from the territory of the other Party to be repaired or altered.

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

(a) destroys the essential characteristics of a good or creates a new or commercially different good; or

(b) transforms an unfinished good into a finished good.

Article 2.7. DUTY-FREE IMPORTATION OF COMMERCIAL SAMPLES OF NEGLIGIBLE VALUE AND PRINTED ADVERTISING MATERIALS

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

(a) such samples are imported only for the purpose of soliciting orders for goods or services provided from the territory of the other Party or another non-Party; or

(b) such advertising materials are imported in packages containing not more than one printed copy each and that neither the materials nor the packages are part of a larger consignment.

Section D. NON-TARIFF MEASURES

Article 2.8. IMPORT AND EXPORT RESTRICTIONS

1. Except as otherwise provided in this Agreement, no Party may adopt or maintain any non-tariff measure that prohibits or restricts the importation of any good of the other Party or the exportation or sale for export of any good destined for the territory of the other Party, except as provided in Article XI of the GATT 1994 and its interpretative notes, and to this end, Article XI of the GATT 1994 and its interpretative notes are incorporated into this Agreement and form an integral part thereof, mutatis mutandis.

2. The Parties understand that the rights and obligations of the GATT 1994 embodied in paragraph 1 prohibit, in any circumstances in which any other type of restriction is prohibited, a Party from adopting or maintaining:

(a) export and import price requirements, except as permitted for the enforcement of antidumping and countervailing duty provisions and undertakings;

(b) import licensing conditioned on compliance with a performance requirement; or

(c) voluntary export restraints inconsistent with Article VI of GATT 1994, implemented under Article 18 of the Subsidies Agreement and Article 8.1 of the Anti-Dumping Agreement.

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

Page 1 Next page
  • Chapter   1 INITIAL PROVISIONS AND GENERAL DEFINITIONS 1
  • Section   A INITIAL PROVISIONS 1
  • Article   1.1 ESTABLISHMENT OF THE FREE TRADE AREA 1
  • Article   1.2 RELATIONSHIP WITH OTHER INTERNATIONAL AGREEMENTS 1
  • Article   1.3 SCOPE OF OBLIGATIONS 1
  • Section   B GENERAL DEFINITIONS 1
  • Article   1.4 DEFINITIONS OF GENERAL APPLICATION 1
  • Annex 1-A  PARTY-SPECIFIC DEFINITIONS 1
  • Annex 1-B  OBJECTIVES OF THE AGREEMENT 1
  • Chapter   2 NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS 1
  • Article   2.1 SCOPE OF APPLICATION 1
  • Section   A NATIONAL TREATMENT 1
  • Article   2.2 NATIONAL TREATMENT 1
  • Section   B TARIFF ELIMINATION 1
  • Article   2.3 TARIFF ELIMINATION 1
  • Section   C SPECIAL REGIMES 1
  • Article   2.4 CUSTOMS DUTY EXEMPTIONS 1
  • Article   2.5 TEMPORARY ADMISSION OF GOODS 1
  • Article   2.6 GOODS REIMPORTED AFTER REPAIR OR ALTERATION 1
  • Article   2.7 DUTY-FREE IMPORTATION OF COMMERCIAL SAMPLES OF NEGLIGIBLE VALUE AND PRINTED ADVERTISING MATERIALS 1
  • Section   D NON-TARIFF MEASURES 1
  • Article   2.8 IMPORT AND EXPORT RESTRICTIONS 1
  • Article   2.9 IMPORT LICENSING 2
  • Article   2.10 ADMINISTRATIVE BURDENS AND FORMALITIES 2
  • Article   2.11 TAXES AND OTHER CHARGES ON EXPORTS 2
  • Section   E OTHER MEASURES 2
  • Article   2.12 STATE TRADING ENTERPRISES 2
  • Article   2.13 CUSTOMS VALUATION 2
  • Section   F AGRICULTURE 2
  • Article   2.14 SCOPE AND COVERAGE 2
  • Article   2.15 AGRICULTURAL EXPORT SUBSIDIES 2
  • Section   G INSTITUTIONAL PROVISIONS 2
  • Article   2.16 COMMITTEE ON TRADE IN GOODS 2
  • Section   H DEFINITIONS 2
  • Article   2.17 DEFINITIONS 2
  • Chapter   3 RULES OF ORIGIN AND ORIGIN PROCEDURES 2
  • Section   A RULES OF ORIGIN 2
  • Article   3.1 ORIGINATING GOODS 2
  • Article   3.2 WHOLLY OBTAINED OR WHOLLY PRODUCED GOODS 2
  • Article   3.3 REGIONAL VALUE CONTENT 2
  • Article   3.4 MINIMUM OPERATIONS OR PROCESSES 2
  • Article   3.5 INTERMEDIATE MATERIAL 2
  • Article   3.6 CUMULATION 2
  • Article   3.7 DE MINIMIS 2
  • Article   3.8 FUNGIBLE GOODS AND MATERIALS 2
  • Article   3.9 ACCESSORIES, SPARE PARTS AND TOOLS 3
  • Article   3.10 SETS OF GOODS 3
  • Article   3.11 CONTAINERS AND PACKING MATERIALS FOR RETAIL SALE 3
  • Article   3.12 CONTAINERS AND PACKING MATERIALS FOR SHIPMENT 3
  • Article   3.13 INDIRECT MATERIALS 3
  • Article   3.14 TRANSIT AND TRANSSHIPMENT 3
  • Section   B ORIGIN PROCEDURES 3
  • Article   3.15 CERTIFICATION OF ORIGIN 3
  • Article   3.16 NOTIFICATIONS 3
  • Article   3.17 OBLIGATIONS RELATING TO IMPORTS 3
  • Article   3.18 OBLIGATIONS RELATED TO EXPORTS 3
  • Article   3.19 REIMBURSEMENT OF CUSTOMS DUTIES 3
  • Article   3.20 SUPPORTING DOCUMENTS 3
  • Article   3.21 PRESERVATION OF THE CERTIFICATE OF ORIGIN AND SUPPORTING DOCUMENTS 3
  • Article   3.22 EXCEPTIONS TO THE OBLIGATION TO PRESENT A CERTIFICATE OF ORIGIN 3
  • Article   3.23 COOPERATION BETWEEN AUTHORITIES 3
  • Article   3.24 VERIFICATION PROCESS 3
  • Article   3.25 SANCTIONS 3
  • Article   3.26 REVIEW AND APPEAL REMEDIES 3
  • Article   3.27 CONFIDENTIALITY 3
  • Article   3.28 INVOICING BY A THIRD COUNTRY 3
  • Article   3.29 UNIFORM REGULATIONS 3
  • Article   3.30 SENDING AND RECEIVING ELECTRONIC CERTIFICATES OF ORIGIN 3
  • Article   3.31 DEFINITIONS 3
  • Chapter   4 TRADE FACILITATION AND CUSTOMS PROCEDURES 3
  • Article   4.1 PUBLICATION 3
  • Article   4.2 CLEARANCE OF GOODS 4
  • Article   4.3 AUTOMATION 4
  • Article   4.4 RISK MANAGEMENT OR ADMINISTRATION 4
  • Article   4.5 EXPEDITED SHIPMENTS 4
  • Article   4.6 AUTHORIZED ECONOMIC OPERATOR 4
  • Article   4.7 INTEROPERABILITY OF SINGLE WINDOWS FOR FOREIGN TRADE 4
  • Article   4.8 CONFIDENTIALITY 4
  • Article   4.9 REVIEW AND APPEAL 4
  • Article   4.10 SANCTIONS 4
  • Article   4.11 ADVANCE RULINGS 4
  • Article   4.12 COMMITTEE ON RULES OF ORIGIN, TRADE FACILITATION, AND TECHNICAL COOPERATION AND MUTUAL ASSISTANCE ON CUSTOMS MATTERS 4
  • Chapter   5 TECHNICAL COOPERATION AND MUTUAL ASSISTANCE IN CUSTOMS MATTERS 4
  • Article   5.1 SCOPE OF APPLICATION 4
  • Article   5.2 TECHNICAL COOPERATION 4
  • Article   5.3 MUTUAL ASSISTANCE 4
  • Article   5.4 COMMUNICATION OF MUTUAL ASSISTANCE INFORMATION 4
  • Article   5.5 EXECUTION OF MUTUAL ASSISTANCE REQUESTS 4
  • Article   5.6 FORM AND CONTENT OF MUTUAL ASSISTANCE REQUESTS 4
  • Article   5.7 EXECUTION OF MUTUAL ASSISTANCE REQUESTS 4
  • Article   5.8 EXCEPTIONS TO THE OBLIGATION TO PROVIDE MUTUAL ASSISTANCE 4
  • Article   5.9 SPONTANEOUS ASSISTANCE 4
  • Article   5.10 VALIDITY OF INFORMATION 4
  • Article   5.11 USE OF INFORMATION 4
  • Article   5.12 CONFIDENTIALITY 5
  • Article   5.13 EXPERTS OR EXPERTS 5
  • Article   5.14 COSTS 5
  • Article   5.15 DEFINITIONS 5
  • Chapter   6 SANITARY AND PHYTOSANITARY MEASURES 5
  • Article   6.1 OBJECTIVES 5
  • Article   6.2 SCOPE OF APPLICATION 5
  • Article   6.3 RIGHTS AND OBLIGATIONS OF THE PARTIES 5
  • Article   6.4 RISK ASSESSMENT AND DETERMINATION OF THE APPROPRIATE LEVEL OF SANITARY AND PHYTOSANITARY PROTECTION 5
  • Article   6.5 ADAPTATION TO REGIONAL CONDITIONS INCLUDING PEST OR DISEASE FREE AREAS AND AREAS OF LOW PEST OR DISEASE PREVALENCE 5
  • Article   6.6 CONTROL, INSPECTION AND APPROVAL PROCEDURES 5
  • Article   6.7 TRANSPARENCY 5
  • Article   6.8 EQUIVALENCE 5
  • Article   6.9 COOPERATION AND TECHNICAL ASSISTANCE 5
  • Article   6.10 TECHNICAL CONSULTATIONS 5
  • Article   6.11 COMMITTEE ON SANITARY AND PHYTOSANITARY MEASURES 5
  • Article   6.12 COMPETENT NATIONAL AUTHORITIES 5
  • Article   6.13 CONTACT POINTS 5
  • Article   6.14 SETTLEMENT OF DISPUTES 5
  • Chapter   7 TECHNICAL BARRIERS TO TRADE 5
  • Article   7.1 OBJECTIVES 5
  • Article   7.2 SCOPE OF APPLICATION 5
  • Article   7.3 RIGHTS AND OBLIGATIONS OF THE PARTIES 5
  • Article   7.4 TRADE FACILITATION 5
  • Article   7.5 REFERENCE STANDARDS 5
  • Article   7.6 TECHNICAL REGULATIONS 5
  • Article   7.7 CONFORMITY ASSESSMENT 5
  • Article   7.8 TRANSPARENCY 5
  • Article   7.9 TECHNICAL COOPERATION 5
  • Article   7.10 TECHNICAL CONSULTATIONS 5
  • Article   7.11 COMMITTEE ON TECHNICAL BARRIERS TO TRADE 5
  • Article   7.12 EXCHANGE OF INFORMATION 6
  • Article   7.13 DEFINITIONS 6
  • Chapter   8 TRADE DEFENSE 6
  • Section   A BILATERAL SAFEGUARD MEASURES 6
  • Article   8.1 IMPOSITION OF A BILATERAL SAFEGUARD MEASURE 6
  • Article   8.2 RULES FOR A BILATERAL SAFEGUARD MEASURE 6
  • Article   8.3 INVESTIGATION PROCEDURES AND TRANSPARENCY REQUIREMENTS 6
  • Article   8.4 PROVISIONAL BILATERAL SAFEGUARD MEASURES 6
  • Article   8.5 NOTIFICATION AND CONSULTATION 6
  • Article   8.6 COMPENSATION 6
  • Article   8.7 DEFINITIONS 6
  • Section   B AGGREGATE SAFEGUARD MEASURES 6
  • Article   8.8 AGGREGATE SAFEGUARD MEASURES 6
  • Section   C ANTIDUMPING AND COUNTERVAILING DUTIES 6
  • Article   8.9 ANTIDUMPING AND COUNTERVAILING DUTIES 6
  • Section   D COOPERATION 6
  • Article   8.10 COOPERATION 6
  • Chapter   9 INTELLECTUAL PROPERTY 6
  • Article   9.1 BASIC PRINCIPLES 6
  • Article   9.2 GENERAL PROVISIONS 6
  • Article   9.3 TRADEMARKS 6
  • Article   9.4 GEOGRAPHICAL INDICATIONS 6
  • Article   9.5 MEASURES RELATED TO THE PROTECTION OF BIODIVERSITY AND TRADITIONAL KNOWLEDGE 6
  • Article   9.6 COPYRIGHT AND RELATED RIGHTS 7
  • Article   9.7 ENFORCEMENT 7
  • Article   9.8 COOPERATION AND SCIENCE, TECHNOLOGY AND INNOVATION 7
  • Chapter   10 PUBLIC PROCUREMENT 7
  • Article   10.1 SCOPE OF APPLICATION 7
  • Article   10.2 SECURITY AND GENERAL EXCEPTIONS 7
  • Article   10.3 GENERAL PRINCIPLES 7
  • Article   10.4 USE OF ELECTRONIC MEANS IN GOVERNMENT PROCUREMENT 7
  • Article   10.5 PUBLICATION OF PROCUREMENT INFORMATION 7
  • Article   10.6 PUBLICATION OF NOTICES 7
  • Article   10.7 CONDITIONS FOR PARTICIPATION 7
  • Article   10.8 REGISTRATION AND QUALIFICATION OF SUPPLIERS 7
  • Article   10.9 INFORMATION ON FUTURE PROCUREMENT 8
  • Article   10.10 TIME LIMITS 8
  • Article   10.11 PROCUREMENT PROCEDURES 8
  • Article   10.12 ELECTRONIC AUCTIONS 8
  • Article   10.13 NEGOTIATIONS 8
  • Article   10.14 OPENING OF BIDS AND AWARD OF CONTRACTS 8
  • Article   10.15 TRANSPARENCY OF PROCUREMENT INFORMATION 8
  • Article   10.16 DISCLOSURE OF INFORMATION 8
  • Article   10.17 DOMESTIC REVIEW PROCEDURES FOR THE PROVISION OF REMEDIES 8
  • Article   10.18 MODIFICATIONS AND AMENDMENTS TO COVERAGE 8
  • Article   10.19 INTEGRITY IN GOVERNMENT PROCUREMENT PRACTICES 8
  • Article   10.20 FURTHER NEGOTIATIONS 8
  • Article   10.21 PARTICIPATION OF MICRO, SMALL, AND MEDIUM-SIZED ENTERPRISES 8
  • Article   10.22 COOPERATION 8
  • Article   10.23 GOVERNMENT PROCUREMENT COMMITTEE 8
  • Article   10.24 DEFINITIONS 9
  • Chapter   11 COMPETITION POLICY AND CONSUMER PROTECTION 9
  • Article   11.1 OBJECTIVES 9
  • Article   11.2 NATIONAL LEGISLATION AND AUTHORITIES 9
  • Article   11.3 COOPERATION 9
  • Article   11.4 NOTIFICATIONS 9
  • Article   11.5 EXCHANGE OF INFORMATION 9
  • Article   11.6 CONSULTATIONS 9
  • Article   11.7 DISPUTE SETTLEMENT 9
  • Article   11.8 DEFINITIONS 9
  • Chapter   12 INVESTMENT 9
  • Section   A SUBSTANTIVE OBLIGATIONS 9
  • Article   12.1 SCOPE OF APPLICATION (1) 9
  • Article   12.2 NATIONAL TREATMENT 9
  • Article   12.3 MOST-FAVORED-NATION TREATMENT 9
  • Article   12.4 MINIMUM STANDARD OF TREATMENT2 (2) 9
  • Article   12.5 SENIOR MANAGEMENT AND BOARDS OF DIRECTORS 9
  • Article   12.6 PERFORMANCE REQUIREMENTS 9
  • Article   12.7 NON-CONFORMING MEASURES 9
  • Article   12.8 MEASURES RELATED TO HEALTH, SAFETY, ENVIRONMENT, AND LABOR RIGHTS 9
  • Article   12.9 CORPORATE SOCIAL RESPONSIBILITY 9
  • Article   12.10 TREATMENT IN CASE OF DISPUTE 9
  • Article   12.11 EXPROPRIATION AND COMPENSATION (7) 9
  • Article   12.12 TRANSFERS 10
  • Article   12.13 DENIAL OF BENEFITS 10
  • Article   12.14 SPECIAL FORMALITIES AND REPORTING REQUIREMENTS 10
  • Article   12.15 SUBROGATION 10
  • Section   B INVESTOR-STATE DISPUTE SETTLEMENT 10
  • Article   12.16 CONSULTATIONS AND NEGOTIATION 10
  • Article   12.17 SUBMISSION OF A CLAIM TO ARBITRATION 10
  • Article   12.18 CONSENT OF EACH PARTY TO ARBITRATION 10
  • Article   12.19 CONDITIONS AND LIMITATIONS ON EACH PARTY'S CONSENT 10
  • Article   12.20 PROCEDURE WITH RESPECT TO PRUDENTIAL MEASURES 10
  • Article   12.21 SELECTION OF ARBITRATORS 10
  • Article   12.22 CONDUCT OF THE ARBITRATION 10
  • Article   12.23 ARTICLE 12.23: TRANSPARENCY IN ARBITRAL PROCEEDINGS 10
  • Article   12.24 APPLICABLE LAW 10
  • Article   12.25 INTERPRETATION OF ANNEXES 10
  • Article   12.26 EXPERT REPORTS 10
  • Article   12.27 CONSOLIDATION OF PROCEEDINGS 10
  • Article   12.28 AWARDS 11
  • Article   12.29 FINALITY AND ENFORCEMENT OF AN AWARD 11
  • Article   12.30 SERVICE OF DOCUMENTS 11
  • Section   C DEFINITIONS 11
  • Article   12.231 DEFINITIONS 11
  • Annex 12-A  CUSTOMARY INTERNATIONAL LAW 11
  • Annex 12-B  EXPROPRIATION 11
  • Annex 12-C  SERVICE OF DOCUMENTS ON A PARTY UNDER SECTION B (INVESTOR-STATE DISPUTE SETTLEMENT) 11
  • Annex 12-D  COMMUNICATIONS FROM NON-DISPUTING PARTIES 11
  • Chapter   13 CROSS-BORDER TRADE IN SERVICES 11
  • Article   13.1 SCOPE OF APPLICATION 11
  • Article   13.2 SUBSIDIES 12
  • Article   13.3 NATIONAL TREATMENT 12
  • Article   13.4 MOST-FAVORED-NATION TREATMENT 12
  • Article   13.5 MARKET ACCESS 12
  • Article   13.6 LOCAL PRESENCE 12
  • Article   13.7 NON-CONFORMING MEASURES 12
  • Article   13.8 NOTIFICATION5 12
  • Article   13.9 TRANSPARENCY IN THE DEVELOPMENT AND APPLICATION OF REGULATIONS (6) 12
  • Article   13.10 DOMESTIC REGULATIONS 12
  • Article   13.11 MUTUAL RECOGNITION 12
  • Article   13.12 TRANSFERS AND PAYMENTS 12
  • Article   13.13 DENIAL OF BENEFITS 12
  • Article   13.14 IMPLEMENTATION 12
  • Article   13.15 DEFINITIONS 12
  • Annex 13-A  PROFESSIONAL SERVICES 12
  • Chapter   14 FINANCIAL SERVICES 12
  • Article   14.1 SCOPE OF APPLICATION 12
  • Article   14.2 NATIONAL TREATMENT 12
  • Article   14.3 MOST-FAVORED-NATION TREATMENT 13
  • Article   14.4 RIGHT OF ESTABLISHMENT 13
  • Article   14.5 CROSS-BORDER TRADE 13
  • Article   14.6 NEW FINANCIAL SERVICES (1) 13
  • Article   14.7 TREATMENT OF CERTAIN TYPES OF INFORMATION 13
  • Article   14.8 SENIOR EXECUTIVES AND BOARDS OF DIRECTORS 13
  • Article   14.9 NON-CONFORMING MEASURES 13
  • Article   14.10 EXCEPTIONS 13
  • Article   14.11 TRANSPARENCY 13
  • Article   14.12 SELF-REGULATORY BODIES 13
  • Article   14.13 PAYMENT AND CLEARING SYSTEMS 13
  • Article   14.14 FINANCIAL SERVICES COMMITTEE 13
  • Article   14.15 CONSULTATIONS 13
  • Article   14.16 DISPUTE SETTLEMENT 13
  • Article   14.17 FINANCIAL SERVICES INVESTMENT DISPUTES 13
  • Article   14.18 UNDERSTANDINGS AND COMMITMENTS OF THE PARTIES 13
  • Article   14.19 DEFINITIONS 13
  • Annex 17-A  MIGRATION MEASURES IN FORCE 14
  • Annex 17-B  CATEGORIES OF BUSINESS PERSONS 14
  • Section   A BUSINESS VISITORS 14
  • Section   B TRADERS AND INVESTORS 14
  • Section   C INTRA-CORPORATE TRANSFERS OF PERSONNEL 14
  • Appendix 17-B.1  BUSINESS VISITORS 14
  • ANNEX 17-C  TERMS OF STAY 14
  • Section   A COLOMBIA 14
  • Section   B COSTA RICA 14
  • Annex 17-D  TEMPORARY ENTRY COMMITTEE FOR BUSINESS PERSONS 14
  • Chapter   18 SETTLEMENT OF DISPUTES 14
  • Article   18.1 COOPERATION 14
  • Article   18.2 SCOPE OF APPLICATION 14
  • Article   18.3 CHOICE OF FORUM 14
  • Article   18.4 CONSULTATIONS 14
  • Article   18.5 GOOD OFFICES, CONCILIATION OR MEDIATION 14
  • Article   18.6 ESTABLISHMENT OF A PANEL 14
  • Article   18.7 LISTS OF PANELISTS 14
  • Article   18.8 QUALIFICATIONS OF PANELISTS 14
  • Article   18.9 PANEL SELECTION 14
  • Article   18.10 RULES OF PROCEDURE 15
  • Article   18.11 PANEL REPORT 15
  • Article   18.12 REQUEST FOR CLARIFICATION OF THE REPORT 15
  • Article   18.13 COMPLIANCE WITH THE REPORT 15
  • Article   18.14 NON-COMPLIANCE - SUSPENSION OF BENEFITS 15
  • Article   18.15 COMPLIANCE REVIEW AND SUSPENSION OF BENEFITS 15
  • Article   18.16 MATTERS RELATING TO JUDICIAL AND ADMINISTRATIVE PROCEEDINGS 15
  • Article   18.17 SUSPENSION AND TERMINATION OF THE PROCEEDINGS 15
  • Annex 18-A  NULLIFICATION AND IMPAIRMENT 15
  • Chapter   19 TRANSPARENCY 15
  • Article   19.1 CONTACT POINTS 15
  • Article   19.2 PUBLICATION 15
  • Article   19.3 PROVISION OF INFORMATION 15
  • Article   19.4 ADMINISTRATIVE PROCEDURES 15
  • Article   19.5 REVIEW AND CHALLENGE 15
  • Article   19.6 SPECIFIC RULES 15
  • Article   19.7 DEFINITIONS 15
  • Chapter   20 ADMINISTRATION OF THE AGREEMENT 15
  • Article   20.1 THE FREE TRADE COMMISSION 15
  • Article   20.2 AGREEMENT COORDINATORS 15
  • Annex 20-A  THE FREE TRADE COMMISSION 16
  • Annex 20-B  IMPLEMENTATION OF THE AMENDMENTS APPROVED BY THE FREE TRADE COMMISSION 16
  • Annex 20-C  AGREEMENT COORDINATORS 16
  • Chapter   21 EXCEPTIONS 16
  • Article   21.1 GENERAL EXCEPTIONS 16
  • Article   21.1 ESSENTIAL SECURITY 16
  • Article   21.3 TAXATION 16
  • Article   21.4 DISCLOSURE OF INFORMATION 16
  • Article   21.5 EXCEPTION TO SAFEGUARD BALANCE OF PAYMENTS 16
  • Chapter   22 FINAL PROVISIONS 16
  • Article   22.1 ANNEXES, APPENDICES AND FOOTNOTES 16
  • Article   22.2 AMENDMENTS 16
  • Article   22.3 AMENDMENTS TO THE WTO AGREEMENT 16
  • Article   22.4 RESERVATIONS AND INTERPRETATIVE DECLARATIONS 16
  • Article   22.5 ENTRY INTO FORCE 16
  • Article   22.6 PROVISIONAL APPLICATION FOR COLOMBIA 16
  • Article   22.7 DENUNCIATION 16
  • Annex I  EXPLANATORY NOTES 16
  • Annex I  Schedule of Colombia 16
  • Annex I  Schedule of Costa Rica 18
  • Annex II  Explanatory Notes 21
  • Annex II  Schedule of Colombia 21
  • Annex II  Schedule of Costa Rica 22