Pacific Alliance - Singapore FTA (2022)
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Title

PACIFIC ALLIANCE-SINGAPORE FREE TRADE AGREEMENT

Preamble

PREAMBLE

The Republic of Chile, the Republic of Colombia, the United Mexican States and the Republic of Peru, as parties to the Pacific Alliance Framework Agreement, and the Republic of Singapore, resolving to:

ACKNOWLEDGE the commitment of the Pacific Alliance to further the development of the objectives and principles established in the Pacific Alliance Framework Agreement, signed in Paranal, Antofagasta, Republic of Chile on 6 June 2012;

STRENGTHEN the ties of friendship and cooperation between them and their people;

ESTABLISH a comprehensive agreement that promotes economic integration to liberalise trade and investment, bring economic growth and social benefits, create new opportunities for workers and businesses, contribute to raising living standards, benefit consumers, reduce poverty and promote sustainable growth;

RECOGNISE their inherent right to regulate and resolve to preserve the flexibility of all Parties to the Pacific Alliance and Singapore to set legislative and regulatory priorities, safeguard public welfare, and protect legitimate public welfare objectives, such as public health, safety, the environment, the conservation of living or non-living exhaustible natural resources, the integrity and stability of the financial system;

SHARE a common aspiration to promote high standards of environmental and labour protection, and to uphold these in the context of sustainable development;

RECOGNISE that small and medium-sized enterprises (SMEs), including micro- enterprises, contribute significantly to economic growth, employment, and innovation, and seek to support the growth and development of SMEs by enhancing their ability to participate in and benefit from the opportunities created by this Agreement;

RECOGNISE that enhancing women's economic participation in international trade contributes significantly to sustainable development, and that the advancement of cooperation activities can improve women's access to and benefit from the opportunities created by this Agreement.

ESTABLISH a predictable legal and commercial framework for trade and investment through clear and mutually beneficial rules with the objective of stimulating the expansion and diversification of the trade of goods and services between all Parties to the Pacific Alliance and Singapore, as well as attracting investment to their territories;

REAFFIRM the objective of eliminating barriers to trade in order to facilitate the flow of trade of goods and services and investment between all Parties to the Pacific Alliance and Singapore;

FACILITATE international trade, by promoting efficient, transparent and predictable customs procedures that aim to reduce the cost of trade for their importers and exporters;

AVOID distortions in their reciprocal trade and promote fair competition;

PROMOTE transparency, good governance and the rule of law, and eliminate bribery and corruption in trade and investment;

BUILD on their respective rights and obligations under the Marrakesh Agreement Establishing the World Trade Organization;

CONSIDER that the Republic of Colombia and the Republic of Peru are Members of the Andean Community and that Decision 598 of the Andean Community requires Andean Community Member Countries negotiating trade agreements with third countries to preserve the Andean legal system in relations between the Andean Community Member Countries;

DEEPEN cooperation between all Parties to the Pacific Alliance and Singapore in order to support the implementation of this Agreement and enhance its benefits; and

RECOGNISE the Republic of Singapore as an Associated State to the Pacific Alliance,

HAVE AGREED AS FOLLOWS:

Body

Chapter 1. INITIAL PROVISIONS

Article 1.1. Establishment of a Free Trade Area

All Parties to the Pacific Alliance and Singapore, consistent with Article XXIV of GATT 1994 and Article V of GATS, hereby establish a free trade area, in accordance with the provisions of this Agreement.

Article 1.2. Relationship to other International Agreements

1. Recognising the intention of all Parties to the Pacific Alliance and Singapore for this Agreement to coexist with their existing international agreements, each Party to the Pacific Alliance and Singapore affirms:

(a) in relation to existing international agreements to which all Parties to the Pacific Alliance and Singapore are party, including the WTO Agreement, their existing rights and obligations with respect to any Party to the Pacific Alliance or Singapore, as the case may be; and

(b) inrelation to existing international agreements to which at least one Party to the Pacific Alliance and Singapore are party, their existing rights and obligations with respect to the Party to the Pacific Alliance or Singapore, as the case may be.

2. Unless otherwise provided in this Agreement, if a Party considers that a provision of this Agreement is inconsistent (1) with a provision of another agreement to which at least one Party to the Pacific Alliance and Singapore are party, on request, the relevant Parties to the other agreement shall consult with a view to reaching a mutually satisfactory resolution. The aforementioned is without prejudice to a Party's rights and obligations under Chapter 23 (Dispute Settlement). (2)

(1) For the purposes of the application of this Agreement, all Parties to the Pacific Alliance and Singapore agree that the fact that an agreement provides more favourable treatment to the goods, services, investments or persons than what is provided under this Agreement does not constitute an inconsistency within the meaning of paragraph 2.
(2) For greater certainty, the consultations envisaged in this paragraph do not constitute a stage in the dispute resolution procedure established in Chapter 23 (Dispute Settlement).

Article 1.3. Scope

This Agreement shall apply bilaterally between the Republic of Singapore and each Party to the Pacific Alliance. Unless otherwise provided, this Agreement shall not apply between the Republic of Chile, the Republic of Colombia, the United Mexican States and the Republic of Peru.

Chapter 2. GENERAL DEFINITIONS

Article 2.1. General Definitions

For the purposes of this Agreement, unless otherwise provided:

Anti-dumping Agreement means the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 set out in Annex 1A to the WTO Agreement;

central level of government means:

(a) for Chile, the national level of government;

(b) for Colombia, the national level of government;

(c) for Mexico, the federal level of government;

(d) for Peru, the national level of government; and

(e) for Singapore, the national level of government.

customs administration means the competent authority that is responsible under the laws and regulations of a Party for the administration of customs laws, regulations and, where applicable, policies, and has for each Party to the Pacific Alliance and Singapore the following meaning:

(a) for Chile: the National Customs Service (Servicio Nacional de Aduanas);

(b) for Colombia: the Customs and Taxes National Directorate (Dirección de Impuestos y Aduanas Nacionales DIAN);

(c) for Mexico: the Ministry of Finance and Public Credit (Secretaría de Hacienda y Crédito Público);

(d) for Peru: the National Superintendence of Customs and Tax Administration (Superintendencia Nacional de Aduanas y de Administración Tributaria - SUNAT); and

(e) for Singapore: the Singapore Customs,

or their respective successors.

customs duty includes a duty or charge of any kind imposed on or in connection with the importation of a good, and any surtax or surcharge imposed in connection with such importation, but does not include any:

(a) charge equivalent to an internal tax imposed consistently with Article II:2 of the GATT 1994;

(b) anti-dumping or countervailing duty; or

(c) fee or other charge in connection with the importation commensurate with the cost of services rendered.

Customs Valuation Agreement means the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994, set out in Annex 1A to the WTO Agreement;

days means calendar days;

enterprise means any entity constituted or organised under applicable law, whether or not for profit, and whether privately or governmentally owned or controlled, including any corporation, trust, partnership, sole proprietorship, joint venture, association, or similar organisation;

existing means in effect on the date of entry into force of this Agreement;

Free Trade Commission means the Free Trade Commission established in accordance with Article 22.1 (Free Trade Commission);

GATS means the General Agreement on Trade in Services, set out in Annex 1B to the WTO Agreement;

GATT 1994 means the General Agreement on Tariffs and Trade 1994, set out in Annex 1A to the WTO Agreement;

goods means any merchandise, product, article or material;

goods of a Party means domestic products as these are understood in GATT 1994 or such goods as the Parties may agree, and includes originating goods of a Party;

government procurement means the process by which a government obtains the use of or acquires goods or services, or any other combination thereof, for governmental purposes, and not with a view to commercial sale or resale or use in the production or supply of goods or services for commercial sale or resale;

Harmonized System (HS) means the Harmonized Commodity Description and Coding System,

including its General Rules of Interpretation, Section Notes, Chapter Notes and Subheading Notes, as adopted and implemented by the Parties in their respective laws and regulations;

heading means the first four digits in the tariff classification number under the Harmonized System (HS);

measure includes any law, regulation, procedure, requirement, or practice;

national means a "natural person who has the nationality of a Party" according to Article 2.2 or a permanent resident of a Party;

OECD means the Organisation for Economic Co-operation and Development;

originating means qualifying under the rules of origin set out in Chapter 4 (Rules of Origin and Origin Procedures);

Pacific Alliance Framework Agreement means the Agreement between the Republic of Colombia, the Republic of Chile, the United Mexican States and the Republic of Peru, done at Paranal, Antofagasta, Republic of Chile, on 6th June 2012;

Parties means a Party to the Pacific Alliance, of the one part, and the Republic of Singapore, of the other part, for which this Agreement is in force;

Parties to the Pacific Alliance means parties to the Pacific Alliance Framework Agreement; Party means any State for which this Agreement is in force;

Party to the Pacific Alliance means, individually, the Republic of Chile, the Republic of Colombia, the United Mexican States or the Republic of Peru, as party to the Pacific Alliance Framework Agreement;

person means a natural person or an enterprise;

person of a Party means a national or an enterprise of a Party;

preferential tariff treatment means the customs duty rate applicable to an originating good pursuant to each Party's Tariff Schedule set out in Annex 3-B (Elimination of Customs Duties);

regional level of government means:

(a) for Chile as a unitary Republic, the term regional level of government is not applicable;

(b) for Colombia as a unitary Republic, the term regional level of government is not applicable;

(c) for Mexico, a state of the United Mexican States;

(d) for Peru, regional government in accordance with the Political Constitution of Peru (Constitucién Politica del Per) and other applicable legislation; and

(e) for Singapore, the term regional level of government is not applicable;

Safeguards Agreement means the Agreement on Safeguards, set out in Annex 1A to the WTO Agreement;

SCM Agreement means the Agreement on Subsidies and Countervailing Measures, set out in Annex 1A to the WTO Agreement;

SME means a small and medium-sized enterprise, including a micro-sized enterprise;

SPS Agreement means the Agreement on the Application of Sanitary and Phytosanitary Measures, set out in Annex 1A to the WTO Agreement;

subheading means the first six digits in the tariff classification number under the Harmonized System (HS);

TBT Agreement means the Agreement on Technical Barriers to Trade, set out in Annex 1A of the WTO Agreement;

WTO means the World Trade Organization, and

WTO Agreement means the Marrakesh Agreement Establishing the World Trade Organization, done at Marrakesh on April 15, 1994.

Article 2.2. Party-Specific Definitions

natural person who has the nationality of a Party means:

(a) for Chile, a Chilean as defined in the Political Constitution of the Republic of Chile (Constitución Política de la República de Chile);

(b) for Colombia, Colombians by birth or naturalization, in accordance with Article 96 of the Political Constitution of Colombia (Constitución Política de Colombia);

(c) for Mexico, a national or a citizen in accordance with Articles 30 and 34, respectively, of the Political Constitution of Mexico (Constitución Política de los Estados Unidos Mexicanos);

(d) for Peru, a natural person who has the nationality of Peru by birth, naturalisation or option in accordance with the Political Constitution of Peru (Constitución Politica del Perú) and other relevant domestic legislation; and

(e) for Singapore, a person who is a citizen of Singapore within the meaning of its Constitution and its domestic laws;

territory means:

(a) for Chile, the land, maritime and air space under its sovereignty, and the exclusive economic zone and the continental shelf within which it exercises sovereign rights and jurisdiction in accordance with international law and its domestic law;

(b) for Colombia, besides the continental territory, the Archipelago of San Andrés, Providencia, Santa Catalina and Malpelo are part of Colombia, in addition to the islands, islets, keys, headlands and banks that belong to it. Also part of Colombia is the subsoil, the territorial sea, the contiguous zone, the continental shelf, the exclusive economic zone, the airspace, the segment of the geostationary orbit, the electromagnetic spectrum and the space in which it operates, in accordance with its Constitution and International law;

(c) for Mexico:

(i) the states of the Federation and Mexico City;

(ii) the islands, including the reefs and keys, in the adjacent seas;

(iii) the islands of Guadalupe and of Revillagigedo, situated in the Pacific Ocean;

(iv) the continental shelf and the submarine shelf of such islands, keys and reefs;

(v) the waters of the territorial seas, with the extent and terms established by international law, and its interior maritime waters;

(vi) the space located above the national territory, with the extent and modalities in accordance with the rules established by international law, and

(vii) any areas beyond the territorial seas of Mexico over which Mexico may exercise rights on the seafloor and the sea subsoil, and on the natural resources they contain, in accordance with international law, including the United Nations Convention on the Law of the Sea, as well as its national legislation;

(d) for Peru, the mainland territory, the islands, the maritime areas and the air space above them, under sovereignty or sovereignty rights and jurisdiction of Peru, in accordance with the provisions of the Political Constitution of Peru (Constitución Política del Perú) and other relevant domestic law and international law; and

(e) for Singapore, its land territory, internal waters and territorial sea, including the airspace above them, as well as any maritime area situated beyond the territorial sea which has been or might in the future be designated under its national law, in accordance with international law, as an area within which Singapore may exercise tights with regards to the sea, the sea-bed, the subsoil and the natural resources. 

Chapter 3. NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS

Section A. Definitions and Scope

Article 3.1. Definitions

For the purposes of this Chapter:

advertising films and recordings means recorded visual media or audio materials, consisting essentially of images and/or sound, showing the nature or operation of goods or services offered for sale or lease by a person of a Party, provided that such materials are suitable for exhibition to prospective customers, but not for broadcast to the general public;

Agreement on Agriculture means the Agreement on Agriculture set out in Annex 1A to the WTO Agreement;

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

commercial samples of negligible value means commercial or trade samples having a value, individually or in the aggregate as shipped, of not more than one U.S. dollar or the equivalent amount in the currency of a Party, or so marked, torn, perforated or otherwise treated that they are unsuitable for sale or use except as commercial samples;

consular transactions means requirements that goods of a Party intended for export to the territory of the other Party must first be submitted to the supervision of the consul of the importing Party in the territory of the exporting Party for the purpose of obtaining consular invoices or consular visas for commercial invoices, certificates of origin, manifests, shippers’ export declarations, or any other customs documentation required on or in connection with importation;

customs duty includes any duty or charge of any kind imposed on or in connection with the importation of a good, and any surtax or surcharge imposed in connection with such importation, but does not include any:

a) charge equivalent to an internal tax imposed consistently with Article III:2 of the GATT 1994;

b) anti-dumping or countervailing duty; or

c) fee or other charge in connection with the importation commensurate with the cost of services rendered.

duty-free means free of customs duty;

export subsidies means those referred in Article 1(e) of the Agreement on Agriculture, which is part of the WTO Agreement, including any amendment of that Article;

goods admitted for sports purposes means sports requisites for use in sports contests, demonstrations, or training in the territory of the Party into whose territory the goods are admitted;

goods intended for display or demonstration includes their component parts, ancillary apparatuses and accessories;

import licensing means an administrative procedure requiring the submission of an application or other documentation, other than that generally required for customs clearance purposes, to the relevant administrative body of the importing Party as a prior condition for importation into the territory of that Party;

Import Licensing Agreement means the Agreement on Import Licensing Procedures, set out in Annex 1A to the WTO Agreement;

performance requirement means a requirement that:

(a) a given level or percentage of goods or services be exported;

(b) domestic goods or services of the Party granting a waiver of customs duties or an import licence be substituted for imported goods;

(c) a person benefiting from a waiver of customs duties or a requirement for an import licence purchase other goods or services in the territory of the Party that grants the waiver of customs duties or the import licence, or accord a preference to domestically produced goods;

(d) a person benefiting from a waiver of customs duties or a requirement for an import licence to produce goods or supply services in the territory of the Party that grants the waiver of customs duties or the import licence, with a given level or percentage of domestic content; or

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

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

(f) subsequently exported;

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

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

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

printed advertising materials means those goods classified in Chapter 49 of the Harmonized System (HS), including brochures, leaflets, pamphlets, trade catalogues, yearbooks published by trade associations, tourist promotional materials and posters, that are used to promote, publicise or advertise a good or service, are essentially intended to advertise a good or service, and are supplied free of charge.

Article 3.2. Scope

Except as otherwise provided in this Agreement, this Chapter applies to trade in goods between the Parties.

Section B. National Treatment

Article 3.3. National Treatment

1. Each Party shall accord national treatment to the goods of the other Party in accordance with Article I of GATT 1994, including its interpretative notes. To this end, Article III of GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, mutatis mutandis.

Page 1 Next page
  • Chapter   1 INITIAL PROVISIONS 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Relationship to other International Agreements 1
  • Article   1.3 Scope 1
  • Chapter   2 GENERAL DEFINITIONS 1
  • Article   2.1 General Definitions 1
  • Article   2.2 Party-Specific Definitions 1
  • Chapter   3 NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS 1
  • Section   A Definitions and Scope 1
  • Article   3.1 Definitions 1
  • Article   3.2 Scope 1
  • Section   B National Treatment 1
  • Article   3.3 National Treatment 1
  • Section   C Tariff Elimination 2
  • Article   3.4 Elimination of Customs Duties 2
  • Section   D Non-Tariff Measures 2
  • Article   3.6 Import and Export Restrictions 2
  • Article   3.7 Non-Tariff Measures 2
  • Article   3.8 Import Licensing 2
  • Article   3.9 Administrative Fees and Formalities 2
  • Article   3.10 Export Duties, Taxes or other Charges 2
  • Section   E Special Customs Regimes 2
  • Article   3.11 Waiver of Customs Duties 2
  • Article   3.12 Temporary Admission of Goods 2
  • Article   3.13 Goods Re-entered after Repair or Alteration 2
  • Article   3.14 Duty-Free Entry of Commercial Samples of Negligible Value and Printed Advertising Materials 2
  • Section   F Agriculture 2
  • Article   3.15 Scope 2
  • Article   3.16 Export Competition 2
  • Section   G Trade In Goods Committee 2
  • Article   3.17 Administration of this Chapter 2
  • Chapter   4 RULES OF ORIGIN AND ORIGIN PROCEDURES 2
  • Section   A Rules of Origin 2
  • Article   4.1 Definitions 2
  • Article   4.2 Originating Goods 2
  • Article   4.3 Wholly Obtained or Produced Goods 2
  • Article   4.4 Regional Value Content 3
  • Article   4.5 Net Cost 3
  • Article   4.6 Materials Used In Production 3
  • Article   4.7 Value of Materials Used In Production 3
  • Article   4.8 Indirect Materials 3
  • Article   4.9 Minimal Operations or Processes That Do Not Confer Origin 3
  • Article   4.10 Accumulation 3
  • Article   4.11 De Minimis 3
  • Article   4.12 Fungible Goods and Materials 3
  • Article   4.13 Accessories, Spare Parts, Tools, and Instructional or other Information Materials 3
  • Article   4.14 Packaging Materials and Containers for Retail Sale 3
  • Article   4.15 Packing Materials and Containers for Shipment 3
  • Article   4.17 Transit and Transhipment 3
  • Section   B Origin Procedures 3
  • Article   4.19 Certification of Origin 3
  • Article   4.20 Non-Party Invoice 4
  • Article   4.21 Minor Errors or Discrepancies 4
  • Article   4.22 Waiver of Certification of Origin 4
  • Article   4.23 Obligations Regarding Importations 4
  • Article   4.25 Obligations Regarding Exportations 4
  • Article   4.26 Records 4
  • Article   4.27 Verification of Origin 4
  • Article   4.28 Determinations of Origin 4
  • Article   4.29 Penalties 4
  • Article   4.30 Confidentiality 4
  • Article   4.31 Administration of this Chapter and Chapter 5 4
  • Article   4.32 Committee on Short Supply 4
  • Article   4.33 CSS Criteria 4
  • Chapter   5 CUSTOMS ADMINISTRATION AND TRADE FACILITATION 4
  • Article   5.1 Definitions 4
  • Article   5.2 Scope 4
  • Article   5.3 Objectives 4
  • Article   5.4 Affirmation of the Trade Facilitation Agreement 4
  • Article   5.5 Confidentiality 4
  • Article   5.6 Transparency 4
  • Article   5.7 Use of Customs Brokers 4
  • Article   5.8 Consistency In Tariff Classification and Customs Valuation 4
  • Article   5.9 Release of Goods 5
  • Article   5.10 Post-clearance Audit 5
  • Article   5.11 Record Keeping 5
  • Article   5.12 Automation 5
  • Article   5.13 Risk Management 5
  • Article   5.14 Express Shipments 5
  • Article   5.15 Perishable Goods 5
  • Article   5.16 Authorised Economic Operator 5
  • Article   5.17 Single Window 5
  • Article   5.18 Review and Appeal 5
  • Article   5.19 Penalties 5
  • Article   5.20 Advance Rulings 5
  • Article   5.21 Standards of Conduct 5
  • Article   5.22 Customs Cooperation 5
  • Article   5.23 Administration of this Chapter 5
  • Chapter   6 SANITARY AND PHYTOSANITARY MEASURES 5
  • Article   6.1 Definitions 5
  • Article   6.2 Objectives 5
  • Article   6.3 Scope 6
  • Article   6.4 General Provisions 6
  • Article   6.5 Equivalence 6
  • Article   6.6 Risk Analysis 6
  • Article   6.7 Adaptation to Regional Conditions, Including Pest- or Disease-Free Areas and Areas of Low Pest or Disease Prevalence 6
  • Article   6.8 Transparency  (4) 6
  • Article   6.9 Information Exchange 6
  • Article   6.10 Import Checks 6
  • Article   6.11 Audits  (7) 6
  • Article   6.12 Emergency Measures 6
  • Article   6.13 Certification 6
  • Article   6.14 Cooperation 6
  • Article   6.15 Cooperative Technical Consultations 6
  • Article   6.16 Administration of this Chapter 6
  • Article   6.17 Competent Authorities and Contact Points 6
  • Chapter   7 TECHNICAL BARRIERS TO TRADE 6
  • Article   7.1 Objectives 6
  • Article   7.2 Scope of Application 6
  • Article   7.3 Incorporation of the TBT Agreement 6
  • Article   7.4 International Standards, Guides and Recommendations 6
  • Article   7.5 Cooperation and Trade Facilitation 6
  • Article   7.6 Technical Regulations 7
  • Article   7.7 Conformity Assessment 7
  • Article   7.8 Transparency 7
  • Article   7.9 Administration of this Chapter 7
  • Article   7.10 Information Exchange 7
  • Article   7.11 Implementation Annexes 7
  • Article   7.12 Technical Discussions 7
  • Chapter   8 INVESTMENT 7
  • Section   A 7
  • Article   8.1 Definitions 7
  • Article   8.2 Scope 7
  • Article   8.3 Right to Regulate 7
  • Article   8.4 Relation to other Chapters 7
  • Article   8.5 National Treatment 7
  • Article   8.6 Most-Favoured-Nation Treatment 7
  • Article   8.7 Minimum Standard of Treatment  (8) 7
  • Article   8.8 Treatment In Case of Armed Conflict or Civil Strife 7
  • Article   8.9 Performance Requirements 7
  • Article   8.10 Senior Management and Boards of Directors 8
  • Article   8.11 Non-Conforming Measures 8
  • Article   8.12 Transfers  (12) 8
  • Article   8.13 Expropriation and Compensation (14) (15) 8
  • Article   8.14 Denial of Benefits (18) 8
  • Article   8.15 Special Formalities and Information Requirements 8
  • Article   8.16 Subrogation 8
  • Article   8.17 Corporate Social Responsibility 8
  • Section   B Settlement of Disputes between a Party and an Investor of the other Party 8
  • Article   8.18 Consultations 8
  • Article   8.19 Mediation 8
  • Article   8.20 Submission of a Claim to Arbitration 8
  • Article   8.21 Consent of Each Party to Arbitration 8
  • Article   8.22 Conditions and Limitations on Consent of Each Party 9
  • Article   8.23 Third Party Funding 9
  • Article   8.24 Selection of Arbitrators 9
  • Article   8.25 Conduct of the Arbitration 9
  • Article   8.26 Transparency of Arbitral Proceedings 9
  • Article   8.27 Discontinuance 9
  • Article   8.28 Governing Law 9
  • Article   8.29 Interpretation of Annexes on Non-Conforming Measures 9
  • Article   8.30 Expert Reports 9
  • Article   8.31 Consolidation 9
  • Article   8.32 Awards 9
  • Article   8.33 Service of Documents 9
  • Section   C Complementary Provisions 9
  • Article   8.34 Implementation 9
  • Annex 8-A  CUSTOMARY INTERNATIONAL LAW 9
  • Annex 8-B  TRANSFERS 9
  • Annex 8-C  EXPROPRIATION 9
  • Annex 8-D  EXEMPTIONS TO DISPUTE RESOLUTION MEXICO 10
  • Annex 8-E  SUBMISSION OF A CLAIM TO ARBITRATION 10
  • Annex 8-F  SERVICE OF DOCUMENTS ON A PARTY UNDER SECTION B 10
  • Chapter   9 CROSS-BORDER TRADE IN SERVICES 10
  • Article   9.1 Definitions 10
  • Article   9.2 Scope 10
  • Article   9.3 National Treatment 10
  • Article   9.4 Most-Favoured-Nation Treatment 10
  • Article   9.5 Local Presence 10
  • Article   9.6 Market Access 10
  • Article   9.7 Non-Conforming Measures 10
  • Article   9.8 Transparency 10
  • Article   9.9 Domestic Regulation 10
  • Article   9.10 Recognition 10
  • Article   9.11 Transfers and Payments (8) 11
  • Article   9.12 Administration of this Chapter 11
  • Article   9.13 Denial of Benefits 11
  • Annex 9-A  PROFESSIONAL SERVICE 11
  • Chapter   10 INTERNATIONAL MARITIME TRANSPORT SERVICES 11
  • Article   10.1 Definitions 11
  • Article   10.2 Scope 11
  • Article   10.3 Access to Ports, Services at the Port, and Maritime Auxiliary Services 11
  • Article   10.4 Cooperation 11
  • Article   10.5 Repositioning of Empty Containers 11
  • Article   10.6 Port Fees and Charges 11
  • Article   10.7 Administration of this Chapter 11
  • Chapter   11 TEMPORARY ENTRY FOR BUSINESS PERSONS 11
  • Article   11.1 Definitions 11
  • Article   11.2 Scope 11
  • Article   11.3 Application Procedures 11
  • Article   11.4 Grant of Temporary Entry 11
  • Article   11.5 Provision of Information 11
  • Article   11.7 Cooperation 11
  • Article   11.8 Relation to other Chapters 11
  • Article   11.9 Dispute Settlement 11
  • Chapter   12 TELECOMMUNICATIONS 11
  • Article   12.1 Definitions 11
  • Article   12.2 Scope 11
  • Article   12.3 Approaches to Regulation 12
  • Article   12.4 Access to and Use of Public Telecommunications Services  (1) 12
  • Article   12.5 Interconnection 12
  • Article   12.6 Number Portability 12
  • Article   12.7 Access to Telephone Numbers 12
  • Article   12.8 Competitive Safeguards 12
  • Article   12.9 Interconnection with Major Suppliers 12
  • Article   12.10 Treatment by Major Suppliers of Public Telecommunications Services 12
  • Article   12.11 Resale 12
  • Article   12.12 Unbundling of Network Elements 12
  • Article   12.13 Provisioning and Pricing of Leased Circuits 12
  • Article   12.14 Co-location 12
  • Article   12.15 Access to Poles, Ducts, Conduits and Rights-of-Way (4)(5) 12
  • Article   12.16 International Submarine Cable Systems (6)(7) 12
  • Article   12.17 Independent Regulatory Bodies 12
  • Article   12.18 Cooperation 12
  • Article   12.19 Licensing Process 12
  • Article   12.20 Allocation and Use of Scarce Resources 12
  • Article   12.21 Universal Service 12
  • Article   12.22 Transparency 12
  • Article   12.23 International Mobile Roaming 12
  • Article   12.24 Flexibility In Choice of Technology 12
  • Article   12.25 Resolution of Telecommunications Disputes 13
  • Article   12.26 Relation to other Chapters 13
  • Article   12.27 Enforcement 13
  • Article   12.28 Administration of this Chapter 13
  • Chapter   13 ELECTRONIC COMMERCE 13
  • Article   13.1 Definitions 13
  • Article   13.2 Scope 13
  • Article   13.3 General Provisions 13
  • Article   13.4 Domestic Electronic Transactions Framework 13
  • Article   13.5 Customs Duties 13
  • Article   13.6 Non-Discriminatory Treatment of Digital Products 13
  • Article   13.7 Transparency 13
  • Article   13.8 Online Consumer Protection 13
  • Article   13.9 Paperless Administration of Trade 13
  • Article   13.10 Principles on Access to and Use of the Internet for Electronic Commerce 13
  • Article   13.11 Personal Information Protection 13
  • Article   13.12 Unsolicited Commercial Electronic Messages 13
  • Article   13.13 Electronic Authentication and Electronic Signatures 13
  • Article   13.14 Cross-Border Transfer of Information by Electronic Means 13
  • Article   13.15 Localisation of Computing Facilities 13
  • Article   13.16 Cooperation 13
  • Article   13.17 Cooperation on Cybersecurity Matters 13
  • Article   13.18 Source Code 13
  • Article   13.19 Administration of this Chapter 13
  • Chapter   14 GOVERNMENT PROCUREMENT 13
  • Article   14.1 Definitions 13
  • Article   14.2 Scope Application of Chapter 14
  • Article   14.3 General Principles National Treatment and Non-Discrimination 14
  • Article   14.4 Offsets 14
  • Article   14.5 Valuation 14
  • Article   14.6 Technical Specifications 14
  • Article   14.7 Publication of Procurement Information 14
  • Article   14.8 Notice of Intended Procurement 14
  • Article   14.9 Limited Tendering 14
  • Article   14.10 Time Periods for the Submission of Tenders 14
  • Article   14.11 Tender Documentation 15
  • Article   14.12 Conditions for Participation 15
  • Article   14.13 Qualification of Suppliers Registration Systems and Qualification Procedures 15
  • Article   14.14 Treatment of Tenders and Awarding of Contracts 15
  • Article   14.15 Transparency and Post-Award Information 15
  • Article   14.16 Ensuring Integrity In Procurement Practices 15
  • Article   14.17 Domestic Review Procedures 15
  • Article   14.18 Use of Electronic Means 15
  • Article   14.19 Modifications and Rectifications 15
  • Article   14.20 Disclosure of Information 15
  • Article   14.21 Exceptions 15
  • Article   14.22 Facilitation of Participation by SMEs 15
  • Article   14.23 Cooperation 16
  • Article   14.24 Administration of this Chapter 16
  • Article   14.25 Further Negotiations 16
  • Chapter   15 COMPETITION POLICY 16
  • Article   15.1 Definitions 16
  • Article   15.2 Objectives 16
  • Article   15.3 Competition Laws and Authorities and Anticompetitive Business Conduct 16
  • Article   15.4 Procedural Fairness In Competition Law Enforcement 16
  • Article   15.5 Cooperation 16
  • Article   15.6 Technical Cooperation 16
  • Article   15.7 Consumer Protection 16
  • Article   15.8 Transparency 16
  • Article   15.9 Consultations 16
  • Article   15.10 Non-Application of Dispute Settlement 16
  • Chapter   16 STATE-OWNED ENTERPRISES 16
  • Article   16.1 Review 16
  • Chapter   17 TRADE AND GENDER 16
  • Article   17.1 General Provisions 16
  • Article   17.2 Cooperation Activities 16
  • Article   17.3 Administration of this Chapter 16
  • Article   17.4 Non-application of Dispute Resolution 16
  • Chapter   18 ECONOMIC AND TRADE COOPERATION 16
  • Article   18.1 General Provisions 16
  • Article   18.2 Areas of Economic and Trade Cooperation 16
  • Article   18.3 Administration of this Chapter 16
  • Article   18.4 Resources 16
  • Article   18.5 Non-Application of Dispute Settlement 16
  • Chapter   19 SMALL AND MEDIUM-SIZED ENTERPRISES 16
  • Article   19.1 General Provisions 16
  • Article   19.2 Information Sharing 17
  • Article   19.3 Cooperation Activities 17
  • Article   19.4 Contact Points 17
  • Article   19.5 Administration of this Chapter 17
  • Article   19.6 Relation with other Chapters 17
  • Article   19.7 Non-Application of Dispute Settlement 17
  • Chapter   20 GOOD REGULATORY PRACTICES 17
  • Article   20.1 Definitions 17
  • Article   20.2 General Provisions 17
  • Article   20.3 Scope of Application 17
  • Article   20.4 Establishment of Coordination and Review Processes or Mechanisms 17
  • Article   20.5 Implementation of Core Good Regulatory Practices 17
  • Article   20.6 Contact Points 17
  • Article   20.7 Cooperation 17
  • Article   20.8 Report of Implementation and Review 17
  • Article   20.9 Relation to other Chapters 17
  • Article   20.10 Non-Application of Dispute Settlement 17
  • Chapter   21 TRANSPARENCY AND ANTI-CORRUPTION 17
  • Section   A Transparency 17
  • Article   21.1 Definitions 17
  • Article   21.2 Publication 17
  • Article   21.3 Notification and Provision of Information 17
  • Article   21.4 Administrative Proceedings 17
  • Article   21.5 Review and Appeal 17
  • Section   B Anti-Corruption 18
  • Article   21.6 Definitions 18
  • Article   21.7 Scope 18
  • Article   21.8 Measures to Combat Corruption 18
  • Article   21.9 Cooperation 18
  • Article   21.10 Promoting Integrity Among Public Officials 18
  • Article   21.11 Participation of Private Sector and Society 18
  • Article   21.12 Application and Enforcement of Anti-Corruption Laws 18
  • Article   21.13 Relation to other Agreements 18
  • Article   21.14 Dispute Settlement 18
  • Chapter   22 ADMINISTRATION OF THE AGREEMENT 18
  • Article   22.1 Free Trade Commission 18
  • Article   22.2 Rules of Procedure of the Free Trade Commission 18
  • Article   22.3 Functions of the Free Trade Commission 18
  • Article   22.4 Contact Points 18
  • Article   22.5 Establishment of Cross-Cutting Committees 18
  • Article   22.6 General Provisions of Cross-Cutting Committees 18
  • Chapter   23 DISPUTE SETTLEMENT 18
  • Article   23.1 Definitions 18
  • Article   23.2 General Provisions 18
  • Article   23.3 Scope 19
  • Article   23.4 Urgent Circumstances 19
  • Article   23.5 Choice of Forum 19
  • Article   23.6 Consultations 19
  • Article   23.7 Good Offices, Conciliation and Mediation 19
  • Article   23.8 Establishment of a Panel 19
  • Article   23.9 Participation of a Third Party 19
  • Article   23.10 Consolidation of Proceedings 19
  • Article   23.11 Terms of Reference of the Panel 19
  • Article   23.12 Requirements of the Panellist 19
  • Article   23.13 Selection of the Panel 19
  • Article   23.14 Function of Panels 19
  • Article   23.15 Rules of Procedure of the Panel 19
  • Article   23.16 Suspension and Termination of Proceedings 19
  • Article   23.17 Initial Report of the Panel 19
  • Article   23.18 Final Report of the Panel 19
  • Article   23.19 Request for Clarification by the Panel 19
  • Article   23.20 Compliance with the Final Report of the Panel 19
  • Article   23.21 Non-Implementation - Compensation and Suspension of Benefits 19
  • Article   23.22 Compliance Review 20
  • Article   23.23 Administration of Dispute Settlement Proceedings 20
  • Article   23.24 Private Rights 20
  • Article   23.25 Alternative Dispute Resolution 20
  • Chapter   24 EXCEPTIONS 20
  • Article   24.1 General Exceptions 20
  • Article   24.2 Security Exceptions 20
  • Article   24 Taxation Measures 20
  • Article   24.4 Disclosure of Information 20
  • Article   24.5 Temporary Safeguard Measures 20
  • Chapter   25 FINAL PROVISIONS 20
  • Article   25.1 Annexes, Appendices and Footnotes 20
  • Article   25.2 Depositary 20
  • Article   25.3 Entry Into Force 20
  • Article   25.4 Amendments 20
  • Article   25.5 Amended or Successor International Agreements 20
  • Article   25.6 Withdrawal and Termination 20
  • Article   25.7 Accession 20
  • Article   25.8 Reservations 20
  • Article   25.9 Review 20
  • Article   25.10 Authentic Texts 20
  • Annex I  CHILE - EXPLANATORY NOTES 20
  • Annex I  SCHEDULE OF CHILE 21
  • Annex II  CHILE - EXPLANATORY NOTES 23
  • Annex II  SCHEDULE OF CHILE 23
  • Annex I  COLOMBIA - EXPLANATORY NOTES 24
  • Annex 8-A Annex 9-A  SCHEDULE OF COLOMBIA 24
  • Annex II  COLOMBIA - EXPLANATORY NOTES 26
  • ANNEX II  SCHEDULE OF COLOMBIA 26
  • Annex I  MEXICO - EXPLANATORY NOTES 27
  • Annex I  SCHEDULE OF MEXICO - INTRODUCTORY NOTES 27
  • Annex I  SCHEDULE OF MEXICO 27
  • Annex II   MEXICO - EXPLANATORY NOTES 32
  • Annex II   SCHEDULE OF MEXICO - INTRODUCTORY NOTES 32
  • Annex II   SCHEDULE OF MEXICO 32
  • Annex I  PERU - EXPLANATORY NOTES 33
  • Annex I  SCHEDULE OF PERU 33
  • Annex II  PERU - EXPLANATORY NOTES 35
  • Annex II  SCHEDULE OF PERU 35
  • Annex I   SINGAPORE - EXPLANATORY NOTES 36
  • Annex I  SINGAPORE'S RESERVATIONS TO CHAPTER 8 (INVESTMENT) & CHAPTER 9 (CROSS-BORDER TRADE IN SERVICES) 36
  • Annex II  SINGAPORE - EXPLANATORY NOTES 38
  • Annex II  SINGAPORE'S RESERVATIONS TO CHAPTER 8 (INVESTMENT) & CHAPTER 9 (CROSS-BORDER TRADE IN SERVICES) 38