Colombia - Costa Rica FTA (2013)
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(p) advisory, intermediation and other auxiliary financial services in respect of any of the activities set forth in paragraphs (e) through (o), including credit reporting and analysis, investment and portfolio research and advice, and advice on acquisitions and on corporate restructuring and strategy.

Annex 17-A. MIGRATION MEASURES IN FORCE

For Colombia:

(a) Decree 0834 of 2013 and Resolutions 5707 of 2008, or those that modify them.

For Costa Rica:

(b) Law No. 8764, General Law on Migration and Aliens of August 19, 2009 and its regulations, as amended.

Annex 17-B. CATEGORIES OF BUSINESS PERSONS

Section A. BUSINESS VISITORS

1. Each Party shall authorize temporary entry to a business person who intends to carry out any of the business activities referred to in Appendix 17-B.1 of this Section, without requiring the person to obtain a work permit or employment authorization, provided that such person, in addition to complying with existing immigration measures applicable to temporary entry, exhibits:

(a) evidence attesting to the nationality of a Party;

(b) documentation showing that the business person will engage in any business activity set forth in Appendix 17-B.1 of this Section and indicating the purpose of entry; and

(c) evidence of the international character of the business activity proposed to be undertaken and that the business person does not intend to enter the local labor market.

2. Each Party shall provide that a business person meets the requirements of paragraph 1(c) where it demonstrates that:

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

(b) the principal place of business of that person and where the earnings are actually earned is predominantly outside the territory of the Party granting temporary entry.

Normally, a Party will accept a declaration as to the principal place of business and the actual place where the profits are actually earned. In the event that the Party requires any additional verification in accordance with its national legislation, it shall normally consider a letter from the employer or the organization it represents stating the circumstances described in paragraphs 2(a) and 2(b) to be sufficient proof.

3. No Party may:

(a) require, as a condition for authorizing temporary entry under paragraph 1, prior approval procedures, proof of labor certification, or other procedures of similar effect; nor.

(b) impose or maintain any numerical restrictions on temporary entry under paragraph 1.

4. A Party may require a business person requesting temporary entry under this Section to obtain a pre-entry visa.

Section B. TRADERS AND INVESTORS

1. Each Party shall authorize temporary entry and issue immigration documentation to a business person that intends to:

(a) carry on a substantial commercial exchange of goods or services, principally between the territory of the Party of which he is a national and the territory of the Party from which entry is sought; or

(b) to establish, develop, or manage an investment, in which the business person or his enterprise has committed or is in the process of committing a substantial amount of capital, in accordance with national legislation,

provided that the business person also complies with existing immigration measures applicable to temporary entry.

2. No Party may:

(a) require proof of labor certification or other procedures of similar effect as a condition for authorizing temporary entry under paragraph 1; nor.

(b) impose or maintain numerical restrictions in connection with temporary entry under paragraph 1.

3. A Party may require a business person requesting temporary entry under this Section to obtain a pre-entry visa.

Section C. INTRA-CORPORATE TRANSFERS OF PERSONNEL

1. Each Party shall authorize temporary entry and issue supporting documentation to a business person employed by an enterprise who is transferred to serve as an executive, manager, or specialist in that enterprise or in one of its subsidiaries or affiliates, provided that such person and that enterprise comply with existing immigration measures applicable to temporary entry. Each Party may require that the person must have been employed by the enterprise continuously for one year within the three years immediately preceding the date of submission of the application.

2. For greater certainty, nothing in this Section shall be construed to affect the labor or employment law of each Party.

3. For greater certainty, in accordance with its legislation, a Party may require that the transferred business person perform the services under a subordinate relationship in the receiving enterprise.

4. A Party may require a business person requesting temporary entry under this Section to obtain a pre-entry visa.

Appendix 17-B.1. BUSINESS VISITORS

Business activities covered under Section A include:

1. Meetings and Consulting:

Business persons attending meetings, seminars, or conferences, or conducting consulting or advising clients.

Research and Design:

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

3. Cultivation, Manufacturing and Production:

Procurement and production personnel, at the managerial level, who conduct business operations for an enterprise established in the territory of the other Party.

4. Marketing:

(a) Market researchers and analysts conducting research or analysis independently or for an enterprise established in the territory of the other Party.

(b) Trade show and promotional personnel attending trade conventions.

5. Sales:

(a) Sales representatives and sales agents who take orders or negotiate contracts for goods or services for an enterprise established in the territory of the other Party, but who do not deliver the goods or provide the services.

(b) Buyers who make purchases for an enterprise established in the territory of the other Party.

6. Distribution:

Customs brokers who provide advisory services to facilitate the importation or exportation of goods.

7. After Sales Services:

Installation, repair, maintenance, and supervisory personnel, who have the specialized technical knowledge essential to fulfill the seller's contractual obligation, and who provide services or train workers to provide such services pursuant to a warranty or other service contract related to the sale of commercial or industrial equipment or machinery, including computer software purchased from a company established outside the territory of the Party from which temporary entry is requested, during the term of the warranty or service contract.

8. General Services:

(a) Management and supervisory personnel engaged in business operations for an enterprise located in the territory of the other Party.

(b) Public relations and advertising personnel providing advice to clients or attending or participating in conventions.

(c) Tourism personnel (tour and travel agents, tour guides or tour operators) attending or participating in conventions.

(d) Specialized cooking personnel attending or participating in gastronomic events or exhibitions, training or advising clients, related to gastronomy in the territory of the other Party.

(e) Translators or interpreters providing services as employees of an enterprise located in the territory of the other Party, except for services that in accordance with the legislation of the Party authorizing temporary entry must be provided by authorized translators.

(f) Information and communications technology service providers attending meetings, seminars or conferences or conducting consultancies.

(g) Marketers and franchise development consultants wishing to offer their services in the territory of the other Party.

ANNEX 17-C. TERMS OF STAY

Section A. COLOMBIA

1. Business Visitors entering Colombia under Section A of Annex 17-B shall be granted a period of stay of up to 90 days.

2. Entry for Traders and Investors entering Colombia under Section B of Annex 17-B shall be granted a period of stay of up to two years. The period of stay may be extended, provided that the conditions on which it was based remain in force.

3. Entry for Intra-Corporate Transfers entering Colombia under Section C of Annex 17-B shall be granted a period of stay of up to two years. The period of stay may be extended, provided the conditions on which it was based remain in force.

4. Costa Rican business persons who receive a visa with a duration of more than three months and who wish to stay more than 15 days in Colombia, must register as foreigners with the competent immigration office.

Section B. COSTA RICA

For Costa Rica, the length of stay will be established on a discretionary basis by the Directorate General of Immigration and Foreigners within the following maximum periods:

1. Business Visitors:

(a) Initial term: from one day up to 30 days.

(b) Request for extension of stay: from 30 days up to 90 days.

(c) Request for stay: one year with the possibility of extension for up to two years.

2. Merchants and Investors:

(a) Traders:

(i) Initial term: from one day up to 30 days.

(ii) Request for extension of stay: from 30 days to 90 days.

(iii) Request for stay: one year with the possibility of extension for up to two years.

(b) Investors:

(i) Stay: from 90 days up to two years, extendable for up to two years.

3. Transfers of Personnel within a Company:

Permanence: one year with the possibility of extension for up to two years.

Annex 17-D. TEMPORARY ENTRY COMMITTEE FOR BUSINESS PERSONS

The Temporary Entry Committee for Business Persons shall be composed of:

(a) For Colombia:

Point of Contact:

Coordinator

Coordination of Visas and Immigration Ministry of Foreign Affairs,

or its successor

And the following entities:

Director

Directorate of Foreign Investment and Services Ministry of Commerce, Industry and Tourism, or its successor.

(b) For Costa Rica:

Point of Contact:

Director General

Dirección General de Comercio Exterior Ministerio de Comercio Exterior de Costa Rica, or its successor.

In consultation with:

Head of the International Affairs Department

Ministry of Labor and Social Security

Head of the Department of Institutional Planning

General Directorate of Migration and Alien Affairs,

or their successors

Chapter 18. SETTLEMENT OF DISPUTES

Article 18.1. COOPERATION

The Parties shall at all times endeavor to reach agreement on the interpretation and application of this Agreement and shall make every effort, through cooperation, consultations or other means, to reach a mutually satisfactory resolution of any matter that might affect its operation.

Article 18.2. SCOPE OF APPLICATION

Except as otherwise provided in this Agreement, the dispute settlement provisions of this Chapter shall apply to the prevention or settlement of disputes between the Parties concerning the interpretation or application of this Agreement, or where a Party considers that:

(a) an existing or proposed measure of the other Party may be inconsistent with the obligations of this Agreement;

(b) the other Party has failed in any way to comply with the obligations of this Agreement; or

(c) an existing or proposed measure of the other Party causes or is likely to cause nullification or impairment within the meaning of Annex 18-A.

Article 18.3. CHOICE OF FORUM

1. In the case of any dispute arising under this Agreement and under another free trade agreement to which the disputing Parties are party or the WTO Agreement, the complaining Party may select the forum for resolving the dispute.

2. Once the complaining Party has requested the establishment of a panel under one of the treaties referred to in paragraph 1, the forum selected shall be exclusive of the others.

Article 18.4. CONSULTATIONS

1. A Party may request in writing to the other Party consultations with respect to any existing or proposed measure or any other matter that may affect the operation of this Agreement, in accordance with Article 18.2.

2. The requesting Party shall deliver the written request to the other Party, and shall explain the reasons for its request, including identification of the measure in force or proposed measure or other matter at issue and an indication of the legal basis for the complaint.

3. The other Party shall respond in writing and, except as provided in paragraph 4, shall consult with the requesting Party no later than 30 days from the date of receipt of the request, unless the Parties agree otherwise.

4. In cases of urgency, including those involving perishable goods or goods or services that rapidly lose their commercial value, such as certain seasonal goods or services, consultations shall begin within 15 days from the date of receipt of the request by the other Party.

5. The requesting Party may require the other Party to make available to it personnel of its governmental institutions or other regulatory agencies having technical knowledge of the subject matter of the consultations.

6. The Parties shall make every effort to arrive at a mutually satisfactory resolution of any matter through consultations, in accordance with the provisions of this Article. To this end, each Party shall:

(a) shall provide sufficient information to permit a full review of the measure in force or proposed to be taken or of any other matter that could affect the operation and implementation of this Agreement; and

(b) treat confidential or proprietary information received in the course of consultations on the same basis as the Party providing the information.

7. Consultations shall be confidential and without prejudice to the rights of the Parties in proceedings under this Chapter.

8. Consultations may be held in person or by any technological means agreed by the Parties. In the event that the consultation is face-to-face, it shall be held in the capital of the Party consulted, unless the Parties agree otherwise.

Article 18.5. GOOD OFFICES, CONCILIATION OR MEDIATION

1. The Parties may agree at any time to use methods such as good offices, conciliation or mediation. Such procedures may be commenced at any time and may be suspended or terminated at any time by either Party.

2. The procedures established pursuant to this Article shall be conducted in accordance with the procedures agreed upon by the Parties.

3. Procedures involving good offices, conciliation and mediation shall be confidential and without prejudice to the rights of the Parties in any other proceedings.

Article 18.6. ESTABLISHMENT OF A PANEL

1. Unless the Parties agree otherwise, and without prejudice to paragraph 5, if a matter referred to in Article 18.4 has not been resolved within:

(a) 40 days after receipt of the request for consultations;

(b) 25 days after receipt of the request for consultations in the case of matters referred to in Article 18.4.4; or

(c) such other period as the consulting Parties may agree, the complaining Party may refer the matter to a panel.

2. The complaining Party shall deliver to the other Party a written request for the establishment of a panel, which shall state the reason for the request, identify the specific measures or other matter complained of, and provide a brief summary of the legal basis of the complaint with sufficient information to present the problem clearly.

3. With the submission of the request, it shall be understood that the panel has been established.

4. Unless the Parties agree otherwise, the panel shall be composed and perform its functions in accordance with the provisions of this Chapter.

5. A panel may not be established to review a proposed measure.

Article 18.7. LISTS OF PANELISTS

1. Each Party shall, no later than six months after the entry into force of this Agreement, appoint to its "Indicative Panelist Roster" five individuals who are qualified and willing to serve as panelists. Each Party may modify the panelists on its roster as it deems necessary, after notifying the other Party. Such designations shall be forwarded to the Commission.

2. The Parties shall also select by mutual agreement, no later than six months after the entry into force of this Agreement, 10 individuals who are not nationals or permanent residents of either Party to serve as chairpersons of the panel to serve on the "Indicative List of Non-Party State Panelists". At the request of any Party, the Commission may modify the "Indicative List of Non-Party State Panelists" at any time. Such designations shall be forwarded to the Commission.

3. The members of the lists drawn up pursuant to paragraphs 1 and 2 shall meet the qualifications set forth in Article 18.8.1.

4. The Parties may use the lists of panelists developed pursuant to paragraphs 1 and 2, even if the lists have not been completed.

Article 18.8. QUALIFICATIONS OF PANELISTS

1. All panelists shall:

(a) have expertise or experience in law, international trade, other matters relating to this Agreement or the settlement of disputes arising under international trade agreements;

(b) be selected strictly on the basis of objectivity, impartiality, reliability and sound judgment;

(c) be independent, independent of, and not connected with, and not receive instructions from, any of the Parties; and

(d) comply with the Code of Conduct to be established by the Commission pursuant to Article 20.1.2(d) (The Free Trade Commission).

2. Persons who have been involved in any of the proceedings referred to in Article 18.5 may not serve as panelists in the same dispute.

Article 18.9. PANEL SELECTION

1. The panel shall consist of three members.

  • 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