4. A Party may adopt or maintain a measure under this article that gives priority to services that are essential to its economic programme, provided that the Party does not impose a measure for the purpose of protecting a specific industry or sector unless the measure is consistent with paragraph 2 (c) and with article VIII (3) of the Articles of Agreement of the Fund.
5. Restrictions imposed on transfers:
a) Shall be consistent with article VIII (3) of the Articles of Agreement of the Fund, where they apply to payments for current international transactions;
b) Shall be consistent with article VI of the Articles of Agreement of the Fund and apply only in conjunction with measures on payments for current international transactions under paragraph 2 (a), where they apply to international capital transactions; and
c) May not take the form of surcharges, tariff quotas, licensing or similar measures.
805. Exceptions to Disclosure of Information
Nothing in this Treaty shall be construed as requiring a party to furnish or allow access to information the disclosure of which would impede the enforcement or otherwise be contrary to the Constitution, to the public interest or their laws concerning the protection of the privacy of individuals, the accounts and financial affairs of individual customers of financial institutions.
1. Except as provided in this article nothing in this Agreement shall apply to Taxation Measures.
2. Nothing in this Agreement shall affect the rights and obligations of either party under any tax convention. In the event of incompatibility between any of these treaties and this treaty, they shall prevail to the extent of the inconsistency.
3. The Parties shall endeavour to conclude an agreement for the avoidance of double taxation within a reasonable time after the date of Entry into Force of this Treaty.
4. The parties agree that, together with the conclusion of an agreement for the avoidance of double taxation, exchange of letters setting out the relationship between the double taxation agreement and this Article.
Part IV. Institutional Arrangements
Chapter 9. Administration of the Treaty
901. Administration
The management of this Treaty shall be responsible to the Council.
1. The Parties shall establish the Committee comprising officials referred to in annex 9.02 (1) or persons to whom they designate.
2. The Commission shall have the following functions:
a) Prepare and revise the technical files required for decisions within the framework of the Treaty;
b) Follow up on any decisions taken by the Council;
c) Supervise the work of the Committees;
d) Establishing working groups or standing or ad hoc expert groups and assign functions;
e) Consider any other matter that may affect the operation of this Treaty which is entrusted to it by the Council;
3. The Commission shall meet at any time upon the request of either party or when the Council considers it necessary to bring its reports to the Council.
1. The committees shall be composed of representatives of each party and may authorise the participation of representatives of other institutions.
2. The Committees shall meet at any time upon the request of either party or the Commission and shall make its recommendations in accordance with those instruments of the Central American Economic Integration.
3. The Commission may establish committees, other than those set out in annex 9.03 or subcommittees as may be necessary to meet the various aspects related to this Treaty.
904. Functions of the Committees
The Committee shall have the following functions:
a) To monitor the implementation of the chapters of this treaty within its competence;
b) Seek technical reports to the competent authorities for the purpose of contributing to resolve the matter;
c) Evaluate and recommend to the Commission, to raise the Council proposals for amendments to the provisions of chapters of this treaty within its competence;
d) The Commission to propose the review of measures in force or in a Party deems to be inconsistent with the obligations of this Treaty; and
e) Comply with the other tasks entrusted to it by the Commission and the Council.
Officials of the Commission
For the purposes of article 9.02 Commission officials, are:
a) In the case of Costa Rica, a representative of the Ministry of Foreign Trade or its successor;
b) In the case of El Salvador, a representative of the Ministry of Economy, or its successor;
c) In the case of Guatemala, a representative of the Ministry of Economy, or its successor;
d) In the case of Honduras, a representative of the Ministry of Industry
And trade, or its successor; and
e) In the case of Nicaragua, a representative of the Ministry of Development, Industry and Trade, or its successor.
Committee on cross-border investment and services (article 4.09).
Financial Services Committee (article 6.11).
Chapter 10. Transparency
1001. Definitions
For purposes of this chapter, "Administrative Ruling of general application,"
Administrative ruling or interpretation that applies to all persons and that fact situations
Generally fall within its scope, and that establishes a standard of conduct, but does not include:
a) Orders or judgements in administrative procedures applicable to a person, in particular goods or service of another Party in a specific case; or
b) A decision to deal with respect to a particular act or practice.
1002. Information Centre
1. Each Party shall designate a branch or office as an information centre to facilitate communication between the parties on any matter covered by this Treaty.
2. When a party so requests, the Information Centre of the other party shall indicate the office or official
Responsible for the matter and provide the required support to facilitate communication with the requesting party.
1003. Publication
1. Each Party shall ensure that its laws, regulations, procedures and administrative rulings of general application relating to any matter covered by this Agreement are promptly published or otherwise made available to the parties and to any interested person.
2. To the extent possible, each Party shall:
a) It shall publish in advance any such measure that it proposes to adopt; and
b) Provide interested persons and the other party a reasonable opportunity to comment on the measure (s) (S) proposal (s).
1004. Provision of Information
1. Each Party shall notify the other party to the extent possible, any existing or proposed measure considers that it might affect or substantially affect the interests of the other party under the terms of this Treaty.
2. Each Party, at the request of the other Party shall provide information and respond promptly to questions
Relating to any existing or proposed measure.
3. Notification and provision of information referred to in this article shall be without prejudice to whether the measure is consistent with this Treaty.
1005. Guarantees of Audience, Legality and Due Process
1. The parties reaffirm the hearing of the rule of law and due process embodied in their respective laws within the meaning of articles 10.06 10.07 hours; and
2. Each Party shall ensure that its judicial and administrative procedures concerning the implementation of any measure referred to in article 10.03 (1), that affects the provisions of this Treaty, conform to the essential elements of procedure, and is based substantiating the legal cause.
1006. Administrative Procedures for the Adoption of Measures of General Application
With a view to administering in a manner consistent and impartial manner and all reasonable measures of implementation
General affecting aspects covered in this Treaty, each Party shall ensure that in its
Administrative procedures in the implementation of the measures referred to in article 10.03 (1)
With respect to persons, in particular goods or services of the other party in specific cases that:
a) Wherever possible, the persons of the other party that are directly affected by a proceeding are in accordance with the internal rules, reasonable notice of the initiation of the same, including a description of the nature, a statement of the legal authority to which it may initiate and a general description of any issues in controversy;
b) When the time, the nature of the proceeding and the public interest, permit such persons a reasonable opportunity to present facts and arguments in support of their claims, prior to any final administrative action; and
c) Its procedures are in accordance with its legislation.
1007. Review and Challenge
1. Each Party shall maintain judicial tribunals or procedures or administrative nature to
The purpose of the prompt review and, where warranted, the correction of final administrative actions regarding matters covered by this Treaty. Such tribunals shall be impartial and shall not be linked with the office or authority entrusted with administrative and enforcement shall not have any substantial interest in the outcome of the matter.
2. Each Party shall ensure that, before such tribunals or procedures the parties have the right to:
a) A reasonable opportunity to defend or support their respective positions; and
b) A decision based on the evidence and arguments presented by the same.
3. Each Party shall ensure that, with respect to the avoidance or subsequent review to which it would apply in accordance with its legislation, these resolutions are implemented by the offices or authorities.
1008. Communications and Notifications
1. For purposes of this Treaty, all notifications or communications addressed to a Party or by a Party shall be made through its national section of the secretariat, report succinctly of this fact to national sections of the other parties.
2. Notwithstanding paragraph 1, in the case of a notification or communication made in accordance with the law applicable to the subject of dispute settlement under this Treaty, a copy thereof shall be sent to the Secretariat of Economic Integration (SIECA), for the purpose of filing.
3. Except as otherwise provided, shall be delivered a communication or notification by one party from the date of its receipt by the national section of the secretariat of that Party.
Chapter 11. Final Provisions
1101. Evaluation of the Treaty
The Parties shall regularly assess the development of this Treaty with a view to seeking their development and consolidate the integration process in the region; promoting the active participation of the productive sectors.
1102. Amendments
1. Without prejudice to articles 9.02 11.04 and any amendment to this Treaty shall require the agreement of all the parties.
2. The agreed amendments shall enter into force after approval according to the appropriate legal procedures of the Parties and constitute an integral part of this Treaty.
1103. Reservations
This Treaty shall not be subject to reservations or unilateral interpretative declarations.
1104. Duration
This Treaty shall have indefinite duration and shall enter into force thirty (30) days after the date of deposit of the instrument of ratification, for the first two (2) depositors, and on the other, eight (8) days after the date of deposit of its instrument.
1105. Denunciation
1. This instrument may be denounced by one of the Parties denounces it shall take effect one hundred and eighty (180) days of its presentation to the SICA without prejudice to that the parties may agree on a different period.
2. The treaty is in force between the parties, other stay attached to it, at least two of them.
1106. Deposit
The SICA shall be the depositary of this Treaty, which shall transmit certified copies to the ministries of each Contracting State, the Ministry of Foreign Trade of Costa Rica and the Secretariat of Economic Integration (SIECA). Furthermore, they shall immediately notify the deposit of each instrument of ratification. Upon the Entry into Force of this Treaty, SICA shall send a certified copy thereof to the General Secretariat of the United Nations organization for the purposes of the registration of marks Article 102 of the Charter of this Organization.
1107. Annexes
The annexes to this Agreement constitute an integral part of it.
1108. Exchange of Reservations
1. The Parties shall agree on their lists of reservations set out in annex I, II, III referred to in articles 3.09 4.06 and of Chapters 3 and 4, and to undertake exchange no later than six (6) months from the date of signing of this Treaty.
2. For the purpose of progress in the implementation of the commitments set out in paragraph 1, the parties shall submit a preliminary list of existing measures dissenting by31 within a period of four (4) months from the date of signing of this Treaty.
3. The lists of reservations shall enter into force for each Party, eight (8) days after the deposit of SICA.
1109. Replacement
The present Treaty replaced in all the parties to the Treaty on investment and trade in services
Between the Republics of El Salvador and Guatemala, signed in Guatemala City, Republic of
Guatemala on 13 January 2000.
Miguel Angel Rodríguez President of the Republic of Costa Rica
Francisco Guillermo Flores Pérez President of the Republic of El Salvador
President Alfonso Portillo Cabrera OF THE REPUBLIC OF GUATEMALA
Ricardo Maduro Joest President of the Republic of Honduras
Enrique Bolaños Geyer President of the Republic of Nicaragua