Colombia - Costa Rica FTA (2013)
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5. Each Party shall take policy, legal and administrative measures in order to ensure full compliance with the conditions for access to biological and genetic resources of biodiversity and associated traditional knowledge.

6. Any intellectual property rights generated from the use of biological and genetic resources and their derivative products, and/or traditional knowledge of indigenous and local communities, of which a Party is the country of origin, shall observe compliance with the specific national and international standards on the matter.

7. In accordance with their legislation, the Parties shall require that patent applications developed from biological and genetic resources and/or associated traditional knowledge, of which they are the country of origin, demonstrate legal access to such resources or knowledge, as well as the disclosure of the origin of the accessed resource and/or traditional knowledge.

8. The Parties may, through their competent national authorities, exchange information related to biodiversity and/or traditional knowledge and documented information related to biological and genetic resources and their derivatives, or if applicable, of the traditional knowledge of their indigenous and local communities, in order to support the evaluation of patents.

9. The Parties agree, at the request of any of them, to collaborate in the provision of public information at their disposal for the investigation and follow-up of illegal access to genetic resources and/or traditional knowledge, innovations and practices in their territories.

10. The Parties shall cooperate, on mutually agreed terms, with the exchange of information and experiences regarding access to biological and genetic resources and their derivatives, and/or associated traditional knowledge.

Article 9.6. COPYRIGHT AND RELATED RIGHTS

1. The Parties shall recognize existing rights and obligations under the Berne Convention for the Protection of Literary and Artistic Works; the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations; the WIPO Copyright Treaty; and the WIPO Performances and Phonograms Treaty. (4)

2. In accordance with the international conventions referred to in paragraph 1 and with its national legislation, each Party shall accord adequate and effective protection to authors of literary and artistic works and to performers, producers of phonograms and broadcasting organizations, in their artistic performances, phonograms and broadcasts, respectively.

3. Independently of the economic rights of the author, and even after the transfer of such rights, the author shall retain, at least, the right to claim authorship of the work and to object to any distortion, mutilation or other modification thereof, or to any attack upon it, that would be prejudicial to his honor or reputation.

4. The rights recognized to the author in accordance with paragraph 3 shall be maintained after his death, at least until the extinction of his economic rights, and shall be exercised by the persons or institutions to whom the legislation of the country in which protection is claimed recognizes rights.

5. The rights granted under paragraphs 3 and 4 shall be granted, mutatis mutandis, to performers in respect of their live performances or fixed performances.

6. The Parties shall cooperate, through dialogues, on the protection of rights in favor of audiovisual performers, including the direct or indirect use for broadcasting or communication to the public of performances fixed in audiovisual fixations. (5)

7. Parties may provide in their legislation limitations and exceptions to copyright and related rights only in certain cases that do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holder.

(4) It is understood that this Article does not affect reservations made by any of the Parties in relation to any of the treaties referred to in paragraph 1.
(5) Notwithstanding paragraph 6, if a Party recognizes rights for performers of audiovisual works, that Party shall be entitled to limit the scope and duration of the protection it grants to performers of audiovisual works who are nationals of the other Party, by virtue of the provisions of the preceding paragraph, to the rights enjoyed by its own nationals in that other Party.

Article 9.7. ENFORCEMENT

1. Without prejudice to the rights and obligations established under the TRIPS Agreement, in particular Part III, the Parties may develop in their legislation, measures, procedures and remedies necessary to ensure the enforcement of intellectual property rights.

2. The Parties shall adopt procedures that allow the right holder, who has valid grounds to suspect that the importation, exportation, or transit of counterfeit trademark goods or pirated goods infringing copyright (6) is being prepared, to submit to the competent authorities, a request or complaint, according to the legislation of each Party, in order to have the customs authorities suspend the release of such goods.

3. Each Party shall provide that any right holder who initiates the procedure provided for in paragraph 2 shall be required to submit adequate evidence demonstrating to the satisfaction of the competent authorities that, under the law of the country of importation, there is a presumption of infringement of the right holder's intellectual property right; and to provide sufficient information on the goods that is reasonably known to the right holder so that the goods may be readily recognizable by its competent authorities. The requirement to provide sufficient information shall not unreasonably deter recourse to such procedures.

4. Each Party shall provide that the competent authorities shall have the authority to require the right holder, who initiates the procedure referred to in paragraph 2, to provide a security or equivalent assurance sufficient to protect the defendant and the competent authorities and to prevent abuse. The bond or equivalent security shall not unduly deter access to such proceedings.

5. Where its competent authorities determine that the goods are counterfeit or pirated, the Party shall empower its competent authorities to inform the right holder, the name and address of the consignor, importer and consignee, as well as the quantity of the goods in question.

6. Each Party shall provide that the competent authorities shall have the authority to initiate border measures ex officio, without the need for a formal request from the right holder or a third party, where there is reason to believe or suspect that goods being imported, exported or in transit are counterfeit or pirated.

(6) For the purposes of paragraphs 2 to 6: (a) counterfeit trademark goods means any goods, including their packaging, which bear, without authorization, a trademark identical to the trademark validly registered for such goods, or which cannot be distinguished in its essential aspects from that trademark, and which thereby violates the rights granted by the legislation of the country of importation to the owner of the trademark in question; and (b) pirated copyright infringing goods means any copies made without the consent of the right holder or a person duly authorized by the right holder in the country of production and which are made directly or indirectly from an article where the making of such a copy would have constituted an infringement of copyright or a related right under the law of the country of importation.

Article 9.8. COOPERATION AND SCIENCE, TECHNOLOGY AND INNOVATION

1. The Parties shall exchange information and materials in education and dissemination projects regarding the use of intellectual property rights, consistent with their national laws, regulations, and policies, with a view to:

(a) improving and strengthening intellectual property administrative systems to promote efficient registration of intellectual property rights;

(b) stimulate the creation and development of intellectual property within the territory of the Parties, particularly small inventors and creators, as well as micro, small and medium-sized enterprises;

(c) promoting dialogue and cooperation in relation to science, technology, entrepreneurship and innovation; and

(d) other matters of mutual interest regarding intellectual property rights.

2. The Parties recognize the importance of promoting research, technological development, entrepreneurship and innovation, as well as the importance of disseminating technological information and building and strengthening their technological capabilities; to this end, they shall cooperate in these areas taking into consideration their resources.

3. The Parties shall encourage the establishment of incentives for research, innovation, entrepreneurship, transfer and dissemination of technology between the Parties, directed, among others, to companies, institutions of higher education, and research and technological development centers.

4. Cooperative activities in science, technology and innovation may take, among others, the following forms:

(a) participation in joint education, research, technological development and innovation projects;

(b) visits and exchanges of scientists and technical experts, as well as public, academic or private specialists;

(c) joint organization of scientific seminars, congresses, workshops and symposia, as well as participation of experts in these activities;

(d) promotion of scientific networks and training of researchers;

(e) concerted actions for the dissemination of results and the exchange of experiences in joint science, technology and innovation projects and for the coordination of such projects;

(f) exchange and loan of equipment and materials, including the shared use of advanced equipment;

(g) exchange of information on procedures, laws, regulations and programs related to cooperative activities carried out pursuant to this Agreement, including information on science and technology policy; and

(h) any other modalities agreed by the Parties.

5. The Parties may also engage in cooperative activities with respect to the exchange of:

(a) information and experience on legislative processes and legal frameworks related to intellectual property rights and regulations relevant to protection and enforcement;

(b) experiences on the enforcement of intellectual property rights;

(c) staff and staff training in offices related to intellectual property rights;

(d) information and institutional cooperation on intellectual property policies and developments;

(e) information and experience on policies and practices on the promotion of the development of the handicrafts sector; and

(f) experience in intellectual property management and knowledge management in higher education institutions and research centers.

6. Each Party designates as contact entities, responsible for the fulfillment of the objectives of this Article, and for facilitating the development of collaboration and cooperation projects in research, innovation and technological development, the following entities:

(a) in the case of Colombia, the Ministry of Commerce, Industry, and Tourism in coordination with the Administrative Department of Science, Technology, and Innovation (COLCIENCIAS); and

(b) in the case of Costa Rica, to the Ministry of Foreign Trade, in coordination with the Ministry of Justice and Peace and the Ministry of Science, Technology and Telecommunications,

or their successors.

Chapter 10. PUBLIC PROCUREMENT

Article 10.1. SCOPE OF APPLICATION

Application of the Chapter

1. This Chapter applies to any measure adopted by a Party relating to covered procurement.

2. For the purposes of this Chapter, covered procurement means a procurement of goods, services, or both:

(a) not procured with a view to commercial sale or resale, or with a view to use in the production or supply of goods or services for commercial sale or resale;

(b) made through any contractual means, including purchase, lease, with or without option to purchase; and public works concession contracts;

(c) for which the value, as estimated in accordance with paragraph 4, equals or exceeds the value of the relevant threshold set forth in Schedule 10-A;

(d) which is carried out by a procuring entity; and

(e) is not expressly excluded from coverage.

3. This Chapter does not apply to:

(a) non-contractual arrangements or any form of assistance that a Party, including its procuring entities, provides, including cooperative arrangements, grants, loans, subsidies, capital transfers, guarantees, and tax incentives;

(b) the contracting or procurement of fiscal agency services or depository services, settlement and administration services for regulated financial institutions, or services related to the sale, redemption and distribution of public debt, including government loans and bonds and other securities. For greater certainty, this Chapter does not apply to the procurement of banking, financial or specialized services relating to the following activities:

(i) public borrowing; or

(ii) public debt management;

(c) procurement financed by grants, loans or other forms of international assistance;

(d) the hiring of public employees and employment-related measures;

(e) procurement by a governmental entity or enterprise from another governmental entity or enterprise of that Party;

(f) the acquisition or lease of land, existing real estate or other immovable property or rights thereon;

(g) purchases made on exceptionally favorable terms that are only for a very short period of time, such as extraordinary disposals by enterprises that are not normally suppliers or the disposal of assets of enterprises in liquidation or under receivership. For purposes of this paragraph (g), the provisions of Article 10.11.3 shall apply; and

(h) procurements made for the specific purpose of providing assistance abroad.

Valuation

4. In estimating the value of a procurement for the purpose of determining whether it is a covered procurement, a procuring entity:

(a) shall not divide a procurement into separate procurements, or use a particular method for estimating the value of the procurement for the purpose of avoiding the application of this Chapter;

(b) shall take into account all forms of remuneration, including premiums, fees, dues, fees, commissions, interest, other revenue streams that may be provided for in the procurement, and where the procurement provides for the possibility of option clauses, the total maximum value of the procurement, including optional purchases; and

(c) shall, where the procurement is to be conducted in multiple parts, and results in the award of contracts at the same time or over a given period to one or more suppliers, base its calculation on the total maximum value of the procurement over the entire period of the procurement.

5. No procuring entity may prepare, design, structure or divide a procurement for the purpose of evading the obligations of this Chapter.

6. Nothing in this Chapter shall prevent a Party from developing new procurement policies, procedures or contractual means, provided that they are consistent with this Chapter.

Article 10.2. SECURITY AND GENERAL EXCEPTIONS

1. Nothing in this Chapter shall be construed to prevent a Party from taking any action or refraining from disclosing any information that it considers necessary for the protection of its essential national security interests or for national defense.

2. Provided that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination between the Parties where the same conditions exist or a disguised restriction on trade between the Parties, nothing in this Chapter shall be construed to prevent a Party from adopting or maintaining measures:

(a) necessary to protect public morals, order or safety;

(b) necessary to protect human, animal or plant life or health;

(c) necessary to protect intellectual property; or

(d) relating to the goods or services of handicapped persons, charitable institutions, or correctional labor.

3. The Parties understand paragraph 2(b) to include environmental measures necessary to protect human, animal or plant life or health.

Article 10.3. GENERAL PRINCIPLES

National Treatment and Non-Discrimination

1. With respect to any measure covered by this Chapter, each Party shall accord immediately and unconditionally to goods and services of the other Party, and to suppliers of the other Party offering such goods or services, treatment no less favorable than the most favorable treatment accorded by that Party to its own goods, services, and suppliers.

2. With respect to any measure covered by this Chapter, a Party may not:

(a) treat a locally established supplier less favorably than another locally established supplier because of its degree of foreign affiliation or ownership; or

(b) discriminate against a locally established supplier on the basis that the goods or services offered by such supplier for a particular procurement are goods or services of the other Party.

Enforcement of Procurement

3. A procuring entity shall conduct covered procurement in a transparent and impartial manner that:

(a) is consistent with this Chapter;

(b) avoids conflicts of interest; and

(c) prevents corrupt practices.

Rules of Origin

4. Each Party shall apply to covered government procurement of goods or services imported from or supplied by the other Party the rules of origin that it applies in the normal course of trade in such goods or services.

Special Countervailing Duty Conditions

5. A procuring entity shall not seek, take into consideration, impose or use special countervailing conditions at any stage of a covered procurement.

Measures Not Specific to Procurement

6. Paragraphs 1 and 2 shall not apply to: customs duties and charges of any kind imposed on or in connection with importation; the method of collection of such duties and charges; other import regulations or formalities; or measures affecting trade in services, other than measures governing covered procurement.

Article 10.4. USE OF ELECTRONIC MEANS IN GOVERNMENT PROCUREMENT

1. The Parties recognize the need for and importance of the use of electronic means for the dissemination of information relating to covered procurement.

2. In order to facilitate business opportunities for suppliers of the other Party under this Chapter, each Party shall maintain or make best efforts to adopt an electronic single point of entry for the purpose of allowing access to complete information on procurement opportunities in its territory, as well as on procurement-related measures, especially those set out in Articles 10.5, 10.6.1, 10.6.3, 10.9.1, 10.9.7, and 10.14.2.

3. Where covered procurement is conducted through electronic means, a procuring entity shall:

(a) ensure that procurement is conducted using information technology systems and software, including those related to authentication and cryptographic encryption of information, that are generally accessible and compatible with other generally accessible information technology systems and software; and

(b) maintain mechanisms to ensure the integrity of requests for participation and bids, including the determination of the time of receipt and the prevention of inappropriate access.

Article 10.5. PUBLICATION OF PROCUREMENT INFORMATION

Each Party shall:

(a) publish in a timely manner all generally applicable regulations with respect to covered procurement, and any amendments to such regulations, in an electronic medium listed in Annex 10-A; and

(b) on request of the other Party, provide an explanation regarding such information.

Article 10.6. PUBLICATION OF NOTICES

Notice of Future Procurement

1. For each covered procurement, a procuring entity shall publish in a timely manner a notice inviting suppliers to submit tenders, or where appropriate, an application to participate in the procurement, except in the circumstances described in Article 10.11.2. Such notice shall be published in one of the electronic media or in print media widely and easily accessible to the public listed in Annex 10-C, and each such notice shall be accessible to the public for the full tendering period for the procurement concerned.

2. Each notice of future procurement shall include:

(a) the description of the prospective procurement, including the nature of the goods or services to be procured;

(b) the method of procurement to be used and whether it will involve negotiation;

(c) any conditions that suppliers must satisfy in order to participate in the procurement, including requirements relating to specific documents or certifications that suppliers must submit in order to participate in the procurement; and

(c) any conditions that suppliers must satisfy in order to participate in the procurement, including requirements relating to specific documents or certifications that suppliers must submit in connection with their participation, unless such requirements are included in the solicitation documents that are made available to all interested suppliers at the same time that notice of the intended procurement is made;

(d) the name and address of the procuring entity and other information necessary to contact it and to obtain all relevant documentation relating to the procurement, as well as its cost and payment terms, where applicable;

(e) where applicable, the address and final date for the submission of requests for participation in the procurement;

(f) the address and final date for the submission of bids;

(g) the dates of delivery of the goods or services to be procured, or the duration of the contract; and

(h) an indication that the procurement is covered by this Chapter.

Notice of Procurement Plans

3. Each Party shall encourage its procuring entities to publish in an electronic or print medium, as early as practicable in each fiscal year, a notice regarding its future procurement plans. Such notices shall include the subject matter or category of goods and services to be procured and the estimated period in which the procurement will be conducted.

Article 10.7. CONDITIONS FOR PARTICIPATION

When establishing conditions for participation, a procuring entity shall:

(a) shall limit these conditions to those that are essential to ensure that the supplier possesses the legal and financial capabilities, and the commercial and technical skills, to meet the requirements and technical specifications of the procurement on the basis of the supplier's business activities conducted both within and outside the territory of the Party of the procuring entity;

(b) base its decision only on the terms and conditions that the procuring entity has specified in advance in the notices or procurement documents;

(c) shall not make it a condition of participation in a procurement or the award of a procurement contract that the supplier has previously been awarded one or more procurement contracts by a procuring entity of the Party concerned;

(d) may require prior relevant experience where essential to meet the requirements of the procurement; and

(e) shall allow all domestic suppliers and suppliers of the other Party that have satisfied the conditions for participation to be recognized as qualified and to participate in the procurement.

2. Where there is evidence to justify it, a Party, including its procuring entities, may exclude a supplier from a procurement for reasons such as:

(a) bankruptcy;

(b) misrepresentation;

(c) significant or persistent deficiencies in the performance of any substantive requirement or obligation under a prior contract or contracts;

(d) final convictions for felonies or other serious violations;

(e) professional misconduct or acts or omissions that call into question the business integrity of the supplier; or

(f) nonpayment of taxes.

3. Procuring entities shall not adopt or apply a registration system or qualification procedure with the purpose or effect of creating unnecessary obstacles to the participation of suppliers of the other Party in their respective procurement.

4. A procuring entity shall promptly inform any supplier that has applied for qualification of its decision with respect to that application. Where a procuring entity rejects an application for qualification or ceases to recognize a supplier as one that meets the conditions for participation, the procuring entity shall promptly inform the supplier and, on request, provide the supplier with a timely written explanation of the reasons for the entity's decision.

Article 10.8. REGISTRATION AND QUALIFICATION OF SUPPLIERS

Registration systems and qualification procedures

1. Parties, including their procuring entities, may maintain a supplier registration system where interested suppliers register and provide certain information.

2. Each Party shall endeavor to ensure that its procuring entities:

  • 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