Colombia - Costa Rica FTA (2013)
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4. No Party may require that, as a condition of an import commitment or for the importation of a good, a person of the other Party establish or maintain a contractual or other relationship with a distributor in its territory.

5. For the purposes of paragraph 4, distributor means a person of a Party who is responsible for the commercial distribution, agency, dealership or representation in the territory of that Party of goods of the other Party.

Article 2.9. IMPORT LICENSING

1. No Party shall maintain or adopt a measure that is inconsistent with the WTO Agreement on Import Licensing Procedures (hereinafter referred to as the "Import Licensing Agreement"). For this purpose, the Agreement on Import Licensing and its interpretative notes are incorporated into and form an integral part of this Agreement, mutatis mutandis.

2. Upon entry into force of this Agreement, each Party shall notify the other Party of any existing import licensing procedures.

3. Each Party shall notify the other Party of any new import licensing procedures and any modifications to its existing import licensing procedures within 60 days prior to their entry into force. A notification provided under this Article shall:

(a) shall include the information set out in Article 5 of the Import Licensing Agreement; and

(b) shall be without prejudice to whether the import licensing procedure is consistent with this Agreement.

4. No Party may apply an import licensing procedure to a good of the other Party without having provided a notification in accordance with paragraph 2 or 3, as appropriate.

Article 2.10. ADMINISTRATIVE BURDENS AND FORMALITIES

1. Each Party shall ensure, in accordance with Article VIII of the GATT 1994 and its interpretative notes, that all fees and charges of whatever nature (other than customs duties, charges equivalent to an internal tax or other internal charges applied pursuant to Article III: 2 of GATT 1994, and antidumping and countervailing duties), imposed on or in connection with importation or exportation, shall be limited to the approximate cost of services rendered and shall not represent an indirect protection to domestic goods, nor a tax on imports or exports for fiscal purposes. For this purpose, Article VIII of the GATT 1994 and its interpretative notes are incorporated into this Agreement and form an integral part thereof, mutatis mutandis.

2. No Party shall require consular transactions, including related fees and charges, in connection with the importation of any good of the other Party.

3. Each Party shall make available and maintain, through the Internet, an up-to-date list of fees or charges imposed in connection with importation or exportation.

Article 2.11. TAXES AND OTHER CHARGES ON EXPORTS

Except as provided in Annex 2-C, neither Party shall adopt or maintain a tax, levy, or other charge on the exportation of any good to the territory of the other Party.

Section E. OTHER MEASURES

Article 2.12. STATE TRADING ENTERPRISES

The rights and obligations of the Parties with respect to state trading enterprises shall be governed by Article XVII of the GATT 1994, its interpretative notes, and the Understanding on the Interpretation of Article XVII of the GATT 1994, which are incorporated into and form an integral part of this Agreement, mutatis mutandis.

Article 2.13. CUSTOMS VALUATION

1. The Customs Valuation Agreement and any successor agreement shall govern the customs valuation rules applied by the Parties in their reciprocal trade. To this effect, the Customs Valuation Agreement and any successor agreement are incorporated into and form an integral part of this Agreement, mutatis mutandis.

2. The customs legislation of each Party shall comply with Article VII of the GATT 1994 and the Customs Valuation Agreement.

Section F. AGRICULTURE

Article 2.14. SCOPE AND COVERAGE

This Section applies to measures adopted or maintained by a Party relating to trade in agricultural goods.

Article 2.15. AGRICULTURAL EXPORT SUBSIDIES

1. The Parties share the objective of the multilateral elimination of export subsidies on agricultural goods and shall work together towards an agreement in the WTO to eliminate such subsidies and to prevent their reintroduction in any form.

2. Neither Party may adopt or maintain any export subsidy on any agricultural good destined for the territory of the other Party.

3. Notwithstanding the provisions of the preceding paragraph, if a Party maintains, introduces or reintroduces an export subsidy on a good listed in Annex 2-B, the importing Party shall request in writing to the exporting Party the initiation of consultations to verify the existence or non-existence of the export subsidy. If, after 90 days of the request for consultations, the existence of the subsidy is confirmed and the exporting Party does not suspend the subsidy, the importing Party may increase the rate of duty on imports to the applied MFN tariff rate for the period during which the export subsidy is maintained. In order for the additional duty to be eliminated, the other Party shall provide detailed information on the applied subsidy demonstrating that it complies with the provisions of this Article. The foregoing is without prejudice to the right of the Parties to make use of the mechanism provided for in Chapter 18 (Dispute Settlement).

Section G. INSTITUTIONAL PROVISIONS

Article 2.16. COMMITTEE ON TRADE IN GOODS

1. The Parties hereby establish the Committee on Trade in Goods (hereinafter referred to as the "Committee"), composed of representatives of each Party.

2. The meetings of the Committee, and of any Ad Hoc Working Group, shall be chaired by representatives of the Ministry of Commerce, Industry and Tourism of Colombia and of the Ministry of Foreign Trade of Costa Rica, or their successors.

3. The functions of the Committee shall include, inter alia:

(a) monitoring the implementation and administration of this Chapter;

(b) reporting to the Commission on the implementation and administration of this Chapter, as appropriate;

(c) promoting trade in goods between the Parties, including through consultations on the expansion and acceleration of tariff elimination under this Agreement, and other matters as appropriate;

(d) address obstacles to trade in goods between the Parties, in particular those relating to the application of nontariff measures, and, as appropriate, submit such matters to the Commission for its consideration;

(e) provide the Commission with advice and recommendations on technical assistance needs in matters relating to this Chapter;

(f) review the conversion to the Harmonized System nomenclature in force to ensure that the obligations of each Party under this Agreement are not altered, and conduct consultations to resolve any conflicts between:

(i) the Harmonized System nomenclature in force and Annex 2-B; and

(ii) domestic nomenclatures and Annex 2-B;

(g) consult and make best efforts to resolve any differences that may arise between the Parties on matters relating to the classification of goods under the Harmonized System;

(h) establish Ad-Hoc Working Groups with specific mandates; and

(i) to deal with any other matter related to this Chapter.

4. Unless otherwise agreed by the Parties, the Committee shall meet at least once a year, on the date and according to the agenda previously agreed. The first meeting of the Committee shall be held no later than one year after the date of entry into force of this Agreement. By mutual agreement, the Parties may hold extraordinary meetings.

5. The meetings may be held by any means agreed upon by the Parties. When they are face-to-face, they shall be held alternately in the territory of each Party, and it shall be the responsibility of the host Party to organize the meeting.

6. Unless otherwise agreed by the Parties, the Committee shall be of a permanent nature and shall develop its working rules.

7. All decisions of the Committee shall be taken by mutual agreement.

8. The Parties establish the Ad-Hoc Working Group on Trade in Agricultural Goods, which shall report to the Committee. For the purpose of discussing any matter related to market access for agricultural goods, this group shall meet at the request of a Party no later than 30 days after the request is made.

Section H. DEFINITIONS

Article 2.17. DEFINITIONS

For the purposes of this Chapter:

consumed means:

(a) actually consumed; or

(b) processed or manufactured so as to result in a substantial change in the value, form or use of a good or in the production of another good;

duty-free means free of customs duty;

import license means an administrative procedure that requires the submission of an application or other documents (other than those generally required for customs clearance purposes) to the relevant administrative body as a condition precedent to importation into the territory of the importing Party; import license means an administrative procedure that requires the submission of an application or other documents (other than those generally required for customs clearance purposes) to the relevant administrative body as a condition precedent to importation into the territory of the importing Party;

printed advertising materials means those goods classified in Chapter 49 of the Harmonized System including brochures, leaflets, printed matter, loose sheets, trade catalogs, yearbooks published by trade associations, tourist promotion materials and posters, used to promote, publicize or advertise a good or service, with the intention of advertising a good or service, and which are distributed free of charge;

goods temporarily admitted for sporting purposes means sporting equipment for use in sporting competitions, events or training in the territory of the Party into which they are admitted;

agricultural goods means those goods referred to in Article 2 of the WTO Agreement on Agriculture;

commercial samples of negligible value means commercial samples valued, individually or in the aggregate shipped, at not more than one United States dollar (US$1) or the equivalent amount in the currency of the other Party, or which are marked, torn, perforated or otherwise treated in a manner that disqualifies them for sale or for any use other than as samples;

goods for exhibition or demonstration include their components, ancillary apparatus and accessories;

advertising films and recordings means visual media or recorded audio materials consisting essentially of images and/or sound showing the nature or performance of goods or services offered for sale or hire by a person established or resident in the territory of a Party, provided that such materials are suitable for exhibition to potential customers, but not for dissemination to the general public;

performance requirement means a requirement to:

(a) export a specified volume or percentage of goods or services;

(b) to replace imported goods or services with goods or services of the Party granting the exemption from customs duties or import licenses;

(c) a person benefiting from a customs duty exemption or import license purchases other goods or services in the territory of the Party granting the customs duty exemption or import license, or grants a preference to domestically produced goods;

(d) a person benefiting from a customs duty exemption or import license produces goods or services in the territory of the Party granting the customs duty exemption or import license, with a certain level or percentage of domestic content; or

(e) relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows,

but does not include a requirement that an imported good be:

(f) subsequently exported;

(g) used as a material in the production of another good that is subsequently exported;

(h) substituted for an identical or similar good used as a material in the production of another good that is subsequently exported; or

(i) substituted for an identical or similar good that is subsequently exported;

export subsidies shall have the meaning assigned to that term in Article 1(e) of the WTO Agreement on Agriculture, including any modification of that Article; and

consular transactions shall mean the requirements that goods of one Party, intended for export to the territory of the other Party, must first be presented to the supervision of the consul of the importing Party in the territory of the exporting Party for the purpose of obtaining consular invoices or consular visas for commercial invoices, certificates of origin, manifests, shipper's export declarations or any other customs documents required for or in connection with importation.

Chapter 3. RULES OF ORIGIN AND ORIGIN PROCEDURES

Section A. RULES OF ORIGIN

Article 3.1. ORIGINATING GOODS

Except as otherwise provided in this Chapter, a good is originating when:

(a) it is wholly obtained or wholly produced in the territory of one or both of the Parties, as defined in Article 3.2;

(b) it is produced in the territory of one or both of the Parties from non-originating materials that comply with the change in tariff classification, regional value content, or other specific rules of origin contained in Annex 3-A; or

(c) is produced in the territory of one or both of the Parties exclusively from originating materials,

and complies with the other provisions of this Chapter.

Article 3.2. WHOLLY OBTAINED OR WHOLLY PRODUCED GOODS

For purposes of Article 3.1(a), the following goods shall be considered to be wholly obtained or wholly produced in the territory of one or both Parties:

(a) plants and plant products harvested or collected in the territory of one or both Parties;

(b) live animals born and raised in the territory of one or both Parties;

(c) goods obtained from live animals raised in the territory of one or both Parties;

(d) goods obtained from hunting, trapping, fishing or aquaculture in the territory of one or both Parties;

(e) fish, crustaceans and other marine species taken from the sea or seabed, outside the territory of a Party, by a vessel registered or recorded in a Party and flying its flag;

(f) goods produced on board factory ships registered or recorded in a Party and flying its flag, exclusively from the goods referred to in paragraph (e);

(g) minerals and other inanimate natural resources extracted from the soil, waters, seabed or subsoil in the territory of one or both Parties;

(h) commodities, other than fish, crustaceans, and other living marine species, obtained or taken by a Party from marine waters, seabed, or subsoil outside the territory of a Party, provided that Party has rights to exploit such marine waters, seabed, or subsoil;

(i) wastes and residues derived from:

(i) manufacturing operations conducted in the territory of one or both of the Parties; or

(ii) used goods collected in the territory of one or both Parties,

(ii) used goods collected in the territory of one or both Parties, provided that such waste or scrap serves only for the recovery of raw materials; and

(j) goods produced in one or both Parties exclusively from goods referred to in paragraphs (a) through (i).

Article 3.3. REGIONAL VALUE CONTENT

1. The regional value content (hereinafter referred to as "RVC") of a good shall be calculated on the basis of the following method:

RVC =  TV - VMN / TV x 100

where:

RCV: is the regional value content, expressed as a percentage;

TV: is the transaction value of the good, adjusted on an FOB basis; and

VMN: is the value of non-originating materials.

2. The value of non-originating materials shall be:

(a) the transaction value adjusted on a CIF basis at the time of importation of the material; or

(b) the first determinable price paid or payable for the non-originating materials in the territory of the Party where the processing or transformation took place. Where the producer of a good acquires non-originating materials within that Party, the value of such materials shall not include freight, insurance, packing costs, and all other costs incurred in transporting the material from the supplier's warehouse to the place where the producer is located.

3. The values referred to above shall be determined in accordance with the Customs Valuation Agreement.

Article 3.4. MINIMUM OPERATIONS OR PROCESSES

1. The operations or processes which, individually or in combination with each other, do not confer origin on a good are the following:

(a) operations to ensure the preservation of goods in good condition during transportation and storage;

(b) grouping or splitting of packages;

(c) packing, unpacking or repacking operations for retail sale;

(d) slaughtering of animals;

(e) washing, cleaning and removal of dust, rust, oil, paint or other coatings;

(f) ironing or pressing of textile products;

(g) simple (1) painting and polishing operations;

(h) husking, total or partial bleaching, polishing and glazing of cereals and rice;

(i) simple packaging in bottles, cans, jars, flasks, bags, cases and boxes and placing on cardboard or boards, and any other simple packaging operation;

(j) affixing of marks, labels, logos and other similar distinctive signs on the goods or on their packaging;

(k) simple mixing of products; mixing of sugar with any material; the operations of coloring or flavoring of sugar or sugar lumps; the total or partial milling of sugar crystals;

(l) simple assembly of parts of goods to constitute a complete good or the disassembly of goods into their parts;

(m) shelling, de-seeding and peeling of fruits, nuts and vegetables;

(n) sharpening, simple grinding or simple cutting; or

(o) sifting, screening, sorting, classifying, grading, grading, preparation (including formation of sets of articles).

2. The provisions of this Article shall prevail over the specific rules of origin contained in Annex 3-A.

(1) For the purposes of this Article, simple means activities that do not require either special skills or specially manufactured or installed machines, apparatus and equipment to carry out the activity. However, simple mixing does not include chemical reaction, as the latter term is defined in Annex 3-A.

Article 3.5. INTERMEDIATE MATERIAL

When an intermediate material is used in the production of a good, no account shall be taken of the non-originating materials contained in such intermediate material for purposes of determining the origin of the good.

Article 3.6. CUMULATION

1. Goods or materials originating in the territory of a Party, incorporated in a good in the territory of the other Party, shall be considered originating in the territory of that other Party.

2. A good shall be considered originating when it is produced in the territory of one or both Parties by one or more producers, provided that the good meets the requirements set out in Article 3.1 and all other applicable requirements of this Chapter.

3. Where each Party has established a preferential trade agreement with the same country or group of non-Party countries, the goods or materials of such country or group of non-Party countries incorporated in the territory of a Party may be considered as originating in the territory of that Party, provided that the rules of origin applicable to such good or material under this Agreement are complied with.

4. For the application of paragraph 3, each Party shall have agreed equivalent provisions to those set out in that paragraph with the non-Party country or group of countries, as well as such conditions as the Parties deem necessary for the purposes of its application.

Article 3.7. DE MINIMIS

1. A good shall be considered to be originating if the value of all non-originating materials used in its production that do not comply with the change in tariff classification pursuant to Annex 3-A does not exceed 10% of the FOB value of the good.

2. Where the good referred to in paragraph 1, is subject to a change in tariff classification and regional value content requirement, the value of all non-originating materials shall be included in the calculation of the regional value content of the good.

3. Paragraph 1 shall not apply to non-originating materials used in the production of goods classified in Chapters 1 through 24 of the Harmonized System, unless they are classified in a subheading other than that of the goods whose origin is determined under this Article.

4. Paragraph 1 shall not apply to non-originating materials classified in Chapter 15 of the Harmonized System that are used in the production of goods classified in headings 15.01 to 15.08 or 15.11 to 15.15 of the Harmonized System.

5. Notwithstanding paragraph 1, a good of the textile and apparel sector classified in Chapters 50 through 63 of the Harmonized System that is non-originating because certain fibers or yarns used in the production of the component of the good that determines its tariff classification do not undergo the change in tariff classification set out in Annex 3-A shall be considered an originating good if the total weight of all such fibers or yarns in that component does not exceed 10% of the total weight of such component.

6. In all cases, the good shall comply with all other applicable requirements of this Chapter.

Article 3.8. FUNGIBLE GOODS AND MATERIALS

In order to determine whether a good is originating, any good or fungible material shall be determined by:

(a) a physical separation of the goods or materials; or

(b) an inventory management method recognized in the Generally Accepted Accounting Principles of the exporting Party.

2. The inventory management method selected, in accordance with paragraph 1, for a particular fungible good or material shall continue to be used for that good or material during the taxable year of the person who selected the inventory management method.

Article 3.9. ACCESSORIES, SPARE PARTS AND TOOLS

  • 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