Colombia - Costa Rica FTA (2013)
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2. 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) promptly addressing matters that a Party proposes with respect to the development, adoption, application, or enforcement of standards, technical regulations, or conformity assessment procedures;

(d) encourage joint cooperation of the Parties in the development and improvement of standards, technical regulations, and conformity assessment procedures, including metrology;

(e) facilitate sectoral cooperation between governmental and non-governmental bodies on standards, technical regulations and conformity assessment procedures, including metrology, in the territories of the Parties, as appropriate;

(f) exchange information on the work being carried out in nongovernmental, regional and multilateral fora involved in activities related to standards, technical regulations and conformity assessment procedures;

(g) resolve consultations on any matter arising under this Chapter, at the request of a Party;

(h) review this Chapter in the light of any developments under the TBT Agreement, and decisions or recommendations of the WTO TBT Committee, and make suggestions on possible amendments to this Chapter;

(i) take any other action that the Parties consider will assist them in the implementation of this Chapter and the TBT Agreement and in the facilitation of trade between the Parties;

(j) recommend to the Commission the establishment of working groups to address specific matters related to this Chapter and the TBT Agreement; and

(k) address any other matter related to this Chapter.

3. The representatives of each Party shall be responsible for coordinating with the relevant bodies and persons in its territory, as well as for ensuring that such bodies and persons are convened.

4. Unless otherwise agreed by the Parties, the Committee shall meet at least once a year, on the date and as agreed by the Parties, 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. Extraordinary meetings of the Committee may be held by mutual agreement of the Parties.

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 during its first meeting.

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

Article 7.12. EXCHANGE OF INFORMATION

1. Any information or explanation that is provided at the request of a Party in accordance with the provisions of this Chapter shall be provided in printed or electronic form within 30 days, which may be extended upon justification by the reporting Party.

2. With respect to the exchange of information, in accordance with Article 10 of the TBT Agreement, the Parties shall apply the recommendations indicated in the document Decisions and Recommendations adopted by the TBT Committee of the WTO since January 1, 1995, G/TBT/1/Rev.10, June 9, 2011 Section V-B Exchange of Information issued by the TBT Committee.

Article 7.13. DEFINITIONS

For the purposes of this Chapter, the terms and definitions in Annex 1 of the TBT Agreement shall apply.

Chapter 8. TRADE DEFENSE

Section A. BILATERAL SAFEGUARD MEASURES

Article 8.1. IMPOSITION OF A BILATERAL SAFEGUARD MEASURE

1. During the transition period, if as a result of the reduction or elimination of a customs duty under this Agreement, a good originating in one of the Parties is being imported into the territory of the other Party in such increased quantities in absolute terms or relative to domestic production and under such conditions as to constitute a substantial cause of serious injury or threat of serious injury to the domestic industry producing a like or directly competitive good, the importing Party may adopt a bilateral safeguard measure described in paragraph 2.

2. If the conditions set out in paragraph 1 are met, a Party may, to the extent necessary to prevent or remedy serious injury or threat thereof and to facilitate adjustment:

(a) suspend the further reduction of any rate of duty provided for in this Agreement for the good; or

(b) increase the rate of duty for the good to a level that does not exceed the lesser of:

(i) the MFN rate of duty applied at the time the measure is applied; or

(ii) the prime rate of duty as set out in Annex 2-B (Tariff Elimination Program)(1) .

3. The adoption of a bilateral safeguard measure under this Section shall not affect goods that on the date of entry into force of the measure are actually shipped as evidenced by the shipping documents, provided that they are destined for final consumption or final importation no later than 20 days after the completion of unloading in the territory of the importing Party.

(1) The Parties understand that tariff quotas and quantitative restrictions would not be a permissible form of bilateral safeguard measure.

Article 8.2. RULES FOR A BILATERAL SAFEGUARD MEASURE

1. No Party may maintain a bilateral safeguard measure:

(a) except to the extent and for the period necessary to prevent or remedy serious injury and to facilitate readjustment;

(b) for a period exceeding two years; except that this period may be extended for an additional two years if the competent authority determines, in accordance with the procedures set out in Article 8.3, that the measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the domestic industry is in the process of adjustment; or

(c) after the expiration of the transition period.

2. In order to facilitate adjustment in a situation where the expected duration of a bilateral safeguard measure exceeds one year, the Party applying the measure shall progressively liberalize it at regular intervals during the period of application.

3. A Party may not apply a bilateral safeguard measure more than once against the same good until a period equal to the duration of the previous bilateral safeguard measure, including any extension, has elapsed, starting from the termination of the previous bilateral safeguard measure, provided that the period of non-application is at least one year.

4. Upon termination of the bilateral safeguard measure, the Party that has adopted the bilateral safeguard measure shall apply the tariff rate in accordance with its Schedule to Annex 2-B (Tariff Elimination Schedule).

Article 8.3. INVESTIGATION PROCEDURES AND TRANSPARENCY REQUIREMENTS

1. A Party may apply a bilateral safeguard measure only after an investigation conducted by the Party's competent authority in accordance with Articles 3 and 4.2(c) of the Agreement on Safeguards; and for this purpose, Articles 3 and 4.2(c) of the Agreement on Safeguards, and Articles 3 and 4.2(c) of the Agreement on Safeguards, shall apply a bilateral safeguard measure only after an investigation conducted by the Party's competent authority in accordance with Article 8.3 (c) of the Agreement on Safeguards are hereby incorporated into and made an integral part of this Agreement, mutatis mutandis.

2. In the investigation described in paragraph 1, the Party shall comply with the requirements of Articles 4.2(a) and 4.2(b) of the Agreement on Safeguards; and for this purpose, Articles 4.2(a) and 4.2(b) of the Agreement on Safeguards are incorporated into and made an integral part of this Agreement, mutatis mutandis.

3. Each Party shall ensure that its competent authorities complete this type of investigation within the time limits established in its legislation.

Article 8.4. PROVISIONAL BILATERAL SAFEGUARD MEASURES

1. In critical circumstances, where any delay would cause damage which would be difficult to repair, a Party may apply a provisional bilateral safeguard measure pursuant to a preliminary determination that there is clear evidence that increased imports of goods originating in the other Party, as a result of the reduction or elimination of a customs duty under this Agreement, have caused or are threatening to cause serious injury to the domestic industry.

2. The duration of the provisional bilateral safeguard shall not exceed 200 days, shall take any of the forms provided for in Article 8.1.2, and shall comply with the relevant requirements of Articles 8.1 and 8.3. Guarantees or funds received for provisional measures shall be released or refunded promptly, where the investigation does not determine that increased imports have caused or threatened to cause serious injury to the domestic industry. The duration of any provisional bilateral safeguard measure shall be counted as part of the duration of a definitive bilateral safeguard measure.

3. No Party shall apply provisional measures earlier than 45 days from the date of initiation of the investigation.

Article 8.5. NOTIFICATION AND CONSULTATION

1. A Party shall promptly notify the other Party in writing when it:

(a) initiates a bilateral safeguard proceeding pursuant to this Section;

(b) applies a provisional bilateral safeguard measure; and

(c) adopts a final decision to apply or extend a bilateral safeguard measure.

2. A Party shall provide to the other Party a copy of the public version of the report of its competent investigating authority required under Article 8.3.1.

3. On request of a Party whose good is subject to a bilateral safeguard proceeding under this Chapter, the Party conducting the proceeding shall, within 15 days of the request, initiate consultations with the requesting Party to review the notifications under paragraph 1 or any public notice or report issued by the competent investigating authority in connection with such proceeding.

Article 8.6. COMPENSATION

1. No later than 30 days after it implements a bilateral safeguard measure, a Party shall provide an opportunity for consultations with the other Party regarding appropriate trade liberalization compensation in the form of concessions having substantially equivalent effect on trade, or equivalent to the value of the additional duties expected as a result of the measure.

2. If the Parties are unable to agree on compensation within 30 days after the initiation of consultations, the exporting Party may suspend the application of concessions substantially equivalent to the trade of the Party applying the bilateral safeguard measure.

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

4. The right of suspension referred to in paragraph 2 shall not be exercised during the first two years that the bilateral safeguard measure is in effect, provided that the safeguard measure was taken as a result of an increase in absolute terms of imports and that such measure is in conformity with the provisions of this Agreement.

5. The obligation to provide compensation under paragraph 1 and the right to suspend concessions under paragraph 2 shall terminate on the date of termination of the bilateral safeguard measure.

Article 8.7. DEFINITIONS

For the purposes of this Section

threat of serious injury means the clear imminence of serious injury based on facts and not merely on allegation, conjecture or remote possibility;

competent investigating authority means:

(a) in the case of Colombia, the Ministry of Commerce, Industry and Tourism; and.

(b) in the case of Costa Rica, the Dirección de Defensa Comercial del Ministerio de Economía, Industria y Comercio,

or its successors;

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

serious injury means a significant overall impairment of the position of a domestic industry;

transition period means the five-year period beginning on the date of entry into force of this Agreement, except for any good for which Annex 2-B (Tariff Elimination Schedule) of the Party applying the safeguard measure provides that the Party eliminates its duties on the good over a period of five years or more, where transition period means the period of tariff elimination for the good set out in Annex 2-B (Tariff Elimination Schedule) plus an additional two-year period.

Section B. AGGREGATE SAFEGUARD MEASURES

Article 8.8. AGGREGATE SAFEGUARD MEASURES

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

2. This Agreement confers no additional rights or obligations on the Parties with respect to actions taken pursuant to Article XIX of the GATT 1994 and the Agreement on Safeguards, except that the Party imposing a global safeguard measure may exclude imports of a good originating in the other Party if such imports do not constitute a substantial cause of serious injury or threat of serious injury.

3. For the purposes of paragraph 2, imports from the other Party shall normally be considered not to constitute a substantial cause of serious injury or threat of serious injury if that Party is not among the five principal suppliers of the good subject to the proceeding, based on its share of total imports during the three years immediately preceding the initiation of the investigation.

4. No Party shall apply with respect to the same good and during the same period:

(a) a bilateral safeguard measure under Section A; and

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

5. For the purposes of this Section, competent investigating authority means:

(a) in the case of Colombia, the Ministry of Commerce, Industry and Tourism; and.

(b) in the case of Costa Rica, the Dirección de Defensa Comercial del Ministerio de Economía, Industria y Comercio,

or its successors.

6. Except as provided in paragraphs 2, 3 and 4, Chapter 18 (Dispute Settlement) shall not apply to this Section.

Section C. ANTIDUMPING AND COUNTERVAILING DUTIES

Article 8.9. ANTIDUMPING AND COUNTERVAILING DUTIES

1. Each Party retains its rights and obligations under Article VI of the GATT 1994, the Antidumping Agreement, and the Subsidies Agreement with respect to the application of antidumping and countervailing duties.

2. Except as provided in paragraphs 3 and 4, nothing in this Agreement shall be construed to impose any rights or obligations on the Parties with respect to antidumping and countervailing duties.

3. Upon receipt of a properly documented application for an antidumping or countervailing duty measure relating to imports of goods originating in the other Party, and prior to the initiation of the investigation, the competent investigating authority shall notify the other Party of the receipt of the application and provide adequate opportunity for informational or other technical meetings with respect to such application. Such technical meetings shall not interfere with the decision whether or not to initiate the investigation of dumping or subsidization.

4. In the event that price or other undertakings have been proposed in an antidumping or subsidy investigation, the competent investigating authority shall afford adequate opportunity for consultation with the other Party with respect to the proposed undertakings which, if accepted, could result in the suspension of the investigation without the imposition of antidumping or countervailing duties, in accordance with the laws of each Party.

5. For the purposes of this Section, competent investigating authoritymeans:

(a) in the case of Colombia, the Ministry of Commerce, Industry and Tourism; and.

(b) in the case of Costa Rica, the Dirección de Defensa Comercial del Ministerio de Economía, Industria y Comercio,

or its successors.

6. Except as provided in paragraphs 3 and 4, Chapter 18 (Dispute Settlement) shall not apply to this Section.

Section D. COOPERATION

Article 8.10. COOPERATION

The Parties agree to establish a mechanism for cooperation between their investigating authorities. Cooperation between the Parties may include, inter alia, the following activities:

(a) exchange of available non-confidential information on trade defense investigations, including circumvention investigations, that they have conducted with respect to imports originating in or coming from third countries, other than the Parties;

(b) technical assistance in trade defense matters; and

(c) exchange of information to improve understanding of this Chapter and the Parties' trade defense regimes.

Chapter 9. INTELLECTUAL PROPERTY

Article 9.1. BASIC PRINCIPLES

1. The Parties recognize that the protection and enforcement of intellectual property rights shall contribute to the generation of knowledge, the promotion of innovation, transfer and dissemination of technology, and cultural progress, to the mutual benefit of producers and users of technological and cultural knowledge, favoring the development of social and economic welfare and the balance of rights and obligations.

2. The Parties recognize the need to maintain a balance between the rights of intellectual property right holders and the interests of the general public, in particular in education, culture, research, public health, food safety, the environment and access to information.

3. Considering the provisions of this Chapter, the Parties, when formulating or amending their laws and regulations, may adopt the necessary measures to protect public health and nutrition of the population, or to promote the public interest in sectors of vital importance for their socioeconomic and technological development.

4. The Parties recognize that the transfer of technology contributes to the strengthening of national capabilities to establish a sound and viable technological base.

5. The Parties, in interpreting and implementing the provisions of this Chapter, shall observe the principles set out in the Declaration on the TRIPS Agreement and Public Health, adopted on 14 November 2001 at the Fourth Ministerial Conference of the WTO.

6. The Parties shall contribute to the implementation of and respect for the Decision of the WTO General Council of 30 August 2003 on paragraph 6 of the Declaration on the TRIPS Agreement and Public Health, and the Protocol amending the TRIPS Agreement, signed in Geneva on 6 December 2005. They also recognize the importance of promoting the gradual implementation of Resolution WHA61.21, Global Strategy and Plan of Action on Public Health, Innovation and Intellectual Property, adopted by the Sixty-first World Health Assembly on May 24, 2008.

7. The Parties shall ensure that the interpretation and implementation of the rights and obligations assumed under this Chapter shall be consistent with paragraphs 1 through 6.

Article 9.2. GENERAL PROVISIONS

1. Each Party shall apply the provisions of this Chapter and may, but shall not be obligated to, provide in its law more extensive protection than is required by this Chapter, provided that such protection does not contravene the provisions of this Chapter.

2. The Parties reaffirm their rights and obligations under the TRIPS Agreement, the Convention on Biological Diversity (hereinafter referred to as the "CBD"), and any other multilateral intellectual property agreements or treaties administered by the World Intellectual Property Organization (hereinafter referred to as "WIPO") to which the Parties are party. In this regard, nothing in this Chapter shall be to the detriment of the provisions of such multilateral treaties.

3. Each Party, in formulating or amending its domestic laws and regulations, may make use of the exceptions and flexibilities permitted by the multilateral treaties related to the protection of intellectual property to which the Parties are party.

4. A Party shall accord to nationals of the other Party treatment no less favorable than that it accords to its own nationals. Exceptions to this obligation shall be in accordance with the relevant provisions referred to in Articles 3 and 5 of the TRIPS Agreement.

5. With respect to the protection and enforcement of intellectual property rights referred to in this Chapter, any advantage, favor, privilege or immunity granted by a Party to nationals of any other country shall be accorded immediately and unconditionally to nationals of the other Party. Exceptions to this obligation shall be in accordance with the relevant provisions referred to in Articles 4 and 5 of the TRIPS Agreement.

6. Nothing in this Chapter shall prevent a Party from taking measures necessary to prevent the abuse of intellectual property rights by right holders or the resort to practices that unreasonably restrain trade or adversely affect the international transfer of technology. Likewise, nothing in this Chapter shall be construed to diminish the protections that the Parties agree or have agreed to benefit the conservation and sustainable use of biodiversity and associated traditional knowledge, nor shall it prevent the Parties from adopting or maintaining measures to this end.

7. The Parties recognize the importance of the development of multilateral rules in the field of intellectual property and therefore may agree to exchange expert opinions on activities related to existing or future international agreements on Intellectual Property Rights and any other matter related to Intellectual Property Rights, as agreed by the Parties.

Article 9.3. TRADEMARKS

1. The Parties shall protect trademarks in accordance with the TRIPS Agreement.

2. Article 6 bis of the Paris Convention for the Protection of Industrial Property shall apply, mutatis mutandis, to goods or services that are not identical or similar to those identified by a trademark that the competent authority of the country of registration or use considers to be well known, whether registered or not, provided that the use of such trademark in connection with those goods or services indicates a connection between those goods or services and the trademark owner, and provided that the interests of the trademark owner would be prejudiced by such use.

3. In determining whether a trademark is well known (1), no Party shall require that the reputation of the trademark extend beyond the sector of the public that normally deals with the relevant goods or services. For greater certainty, the sector of the public that normally deals with the relevant goods or services is determined in accordance with each Party's legislation.

4. Each Party shall provide a system for the registration of trademarks, which shall provide for:

(a) written notification to the applicant stating the reasons for the refusal to register the trademark. If its national legislation so permits, notifications may be made by electronic means;

(b) an opportunity for interested parties to oppose an application for registration of a trademark or to request the invalidation of the trademark after it has been registered;

(c) that decisions in registration and invalidity proceedings be reasoned and in writing; and

(d) the opportunity for interested parties to challenge administratively or judicially, as provided in the legislation of each Party, decisions issued in trademark registration and invalidation proceedings.

5. Each Party shall use its best efforts to establish a system for electronic filing, electronic processing, registration and maintenance of trademarks (2), and to establish a publicly available electronic database, including an online database of trademark applications and registrations.

6. Each Party shall provide that applications for registration, publications of such applications and registrations shall indicate the goods and services by their names, grouped according to the classes of the classification established by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, as revised and amended (hereinafter referred to as the "Nice Classification").

7. Goods or services may not be considered similar to each other solely on the ground that, in any registration or publication, they appear in the same class of the Nice Classification. Likewise, each Party shall provide that goods or services may not be considered to be dissimilar solely on the ground that, in any registration or publication, they appear in different classes of the Nice Classification.

(1) Notoriety shall be demonstrated within the territorial scope determined by the legislation of each Party.
(2) For greater clarity, such system shall be established in accordance with the legislation of each Party.

Article 9.4. GEOGRAPHICAL INDICATIONS

1. The Parties to this Agreement shall ensure in their national legislation adequate and effective means to protect geographical indications, including appellations of origin.

2. For the purposes of this Agreement, "geographical indications" are indications that identify a good as originating in the territory of a Party, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin.

3. Nothing in this Article shall prevent the Parties from maintaining or adopting in their legislation measures relating to homonymous geographical indications, provided that such measures conform to the provisions of paragraph 3 of Article 23 of the TRIPS Agreement.

4. The names listed in Section A of Annex 9-A are protected geographical indications in Colombia, in accordance with the provisions of Article 22.1 of the TRIPS Agreement. Costa Rica, upon compliance with the requirements and the internal procedure, and at the request of the interested parties, shall recognize in accordance with its legislation the geographical indications of Colombia included in Annex 9-A.

5. The names listed in Section B of Annex 9-A are protected geographical indications in Costa Rica, in accordance with the provisions of Article 22.1 of the TRIPS Agreement. Colombia, upon compliance with the requirements and the internal procedure, and at the request of the interested parties, shall recognize the geographical indications of Costa Rica included in Annex 9-A in accordance with its legislation.

6. The Parties shall exchange information on the protections granted under paragraphs 4 and 5 through the contact points established in Article 19.1 (Contact Points).

7. The Parties shall protect the geographical indications, including appellations of origin, of the other Party registered and/or protected in their respective territories in accordance with the provisions of paragraphs 4, 5 and 6. Consequently, and without prejudice to the provisions of paragraph 3, the Parties shall not allow the importation, manufacture or sale of products identified under protected geographical indications, including appellations of origin, by unauthorized third parties.

8. The use of geographical indications, including appellations of origin, recognized and protected in the territory of a Party in relation to any type of product originating in the territory of that Party, shall be reserved exclusively for authorized producers, manufacturers and craftsmen and others authorized in accordance with their national legislation, who have their production or manufacturing establishments in the locality or region of the Party designated or evoked by such geographical indication.

9. The Parties shall protect geographical indications against any use of a false or misleading indication liable to mislead, deceive or confuse the public as to the source, origin, nature or essential characteristics of the product, and any other practice that may mislead the consumer as to the true origin of the product.

10. The Parties may grant the agreed protection to other geographical indications, including appellations of origin, protected in the Parties. To this end, the Party concerned shall notify the other Party of such protection, after which it shall proceed as provided in paragraphs 4, 5 and 6.

Article 9.5. MEASURES RELATED TO THE PROTECTION OF BIODIVERSITY AND TRADITIONAL KNOWLEDGE

1. The Parties recognize and reaffirm their rights and obligations under the CBD related to the sovereignty of the Parties over their natural resources and the authority to determine access to biological and genetic resources and their derived products, through mutually agreed terms, in accordance with the principles and provisions contained in relevant national and international standards. The Parties recognize paragraph 19 of the Doha Ministerial Declaration, adopted on 14 November 2001, on the relationship between the TRIPS Agreement and the CBD.

2. The Parties recognize the importance and value of the knowledge, innovations and practices of indigenous and local communities3 , as well as their past, present and future contribution to the conservation and sustainable use of biological and genetic resources and their derived products, and in general, the contribution of the traditional knowledge of such communities to the culture and to the economic and social development of nations. Each Party, in accordance with its legislation, reiterates its commitment to respect, preserve and maintain traditional knowledge,

3 If the legislation of each Party so provides, "indigenous and local communities" shall include Afro-American or Afro-descendant communities innovations and practices of indigenous and local communities in the territories of the Parties.

3. Access to biological and genetic resources and their derived products shall be conditioned to the prior informed consent of the Party that is the country of origin, on mutually agreed terms. Likewise, access to traditional knowledge of indigenous and local communities associated with such resources shall be conditioned to the prior informed consent of the holders or possessors, as the case may be, of such knowledge, on mutually agreed terms. Both cases shall be subject to the provisions of the legislation of each Party.

4. The Parties shall take measures to ensure a fair and equitable sharing of benefits arising from the utilization of biological and genetic resources and derived products and traditional knowledge of indigenous and local communities.

  • 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