Pacific Alliance - Singapore FTA (2022)
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This Chapter shall apply to all sanitary and phytosanitary measures of a Party that may, directly or indirectly, affect trade in goods between the Parties.

Article 6.4. General Provisions

1. The Parties affirm their rights and obligations Under the SPS Agreement.

2. Nothing in this Agreement shall limit the rights and obligations that each Party has under the SPS Agreement.

3. Each Party shall take into account the relevant guidance of the Committee on Sanitary and Phytosanitary Measures established under Article 12 of the SPS Agreement ("WTO SPS Committee") and international standards, guidelines and recommendations.

Article 6.5. Equivalence

1. The Parties acknowledge that recognition of the equivalence of sanitary and phytosanitary measures is an important means to facilitate trade. Further to Article 4 of the SPS Agreement, the Parties shall apply equivalence to a group of measures or on a systems-wide basis, to the extent feasible and appropriate.

2. On request of the exporting Party, the importing Party shall explain the objective and rationale of its sanitary or phytosanitary measure and clearly identify the risk the sanitary or phytosanitary measure is intended to address.

3. When an importing Party receives a request for an equivalence assessment and determines that the information provided by the exporting Party is sufficient, it shall initiate the equivalence assessment within a reasonable period of time.

4. The importing Party shall recognise the equivalence of a sanitary or phytosanitary measure if the exporting Party objectively demonstrates to the importing Party that the exporting Party's measure:

(a) achieves the same level of protection as the importing Party's measure; or

(b) has the same effect in achieving the objective as the importing Party's measure. (1)

5. When the equivalence assessment results in the recognition of equivalence, the importing  Party shall communicate this to the exporting Party in writing and shall apply this recognition to trade from the exporting Party within a reasonable period of time.

6. If an equivalence determination does not result in recognition by the importing Party, the importing Party shall provide the exporting Party with the rationale for its decision within a reasonable period of time.

(1) Neither Mexico nor Singapore shall have recourse to dispute settlement under Chapter 23 (Dispute Settlement) for this subparagraph between them.

Article 6.6. Risk Analysis

1. Recognising the Parties' rights and obligations under the relevant provisions of the SPS Agreement, nothing in this Chapter shall be construed to prevent a Party from:

(a) establishing the level of protection, it determines to be appropriate;

(b) establishing or maintaining an approval procedure that requires a risk analysis to be conducted before the Party grants a product access to its market; or

(c) adopting or maintaining a sanitary or phytosanitary measure on a provisional basis.

2. Each Party shall ensure that its sanitary and phytosanitary measures either conform to the relevant international standards, guidelines or recommendations or, if its sanitary and phytosanitary measures do not conform to international standards, guidelines or recommendations, that they are based on documented and objective scientific evidence as appropriate to the circumstances, of the tisk to human, animal, or plant life or health, while recognising the Parties' obligations regarding assessment of risk under Article 5 of the SPS Agreement.

3. When conducting its risk analysis, each Party shall:

(a) conduct its risk analysis in a manner that is documented and that provides interested persons and the other Party an opportunity to comment, in a manner to be determined by that Party; (2)

(b) ensure that each risk assessment it conducts is appropriate to the circumstances of the risk at issue and takes into account reasonably available and relevant scientific data, including qualitative and quantitative information;

(c) ensure that its sanitary and phytosanitary measures do not arbitrarily or unjustifiably discriminate where identical or similar conditions prevail in its own territory and that of the other Party;

(d) consider risk management options that are not more trade restrictive (3) than required, including the facilitation of trade by not taking any measure, to achieve the level of protection that the Party has determined to be appropriate; and

(e) select a risk management option that is not more trade restrictive than required to achieve the sanitary or phytosanitary objective, taking into account technical and economic feasibility.

4. If an importing Party requires a risk analysis to evaluate a request from an exporting Party to authorise importation of a good of that exporting Party, the importing Party shall provide, on request of the exporting Party, an explanation of the information required for the risk assessment. On receipt of the required information from the exporting Party, the importing Party shall endeavour to facilitate the evaluation of the request for authorisation by scheduling work on this request in accordance with the procedures, policies, resources, and laws and regulations of the importing Party.

5. On request of the exporting Party, the importing Party shall inform the exporting Party of the progress of a specific risk analysis request, and of any delay that may occur during the process.

6. An exporting Party may submit scientific evidence and mitigation proposals, to support the importing Party's risk assessment procedure.

7. If the importing Party, as a result of a risk analysis, adopts a sanitary or phytosanitary measure that allows trade to commence or resume, the importing Party shall implement the measure within a reasonable period of time.

8. Without prejudice to Article 6.12, no Party shall stop the importation of a good of the other Party solely for the reason that the importing Party is undertaking a review of its sanitary or phytosanitary measure, if the importing Party permitted the importation of that good of the other Party when the review was initiated.

(2) For greater certainty, this subparagraph applies only to a risk analysis for a sanitary or phytosanitary measure that constitutes a sanitary or phytosanitary regulation for the purposes of Annex B of the SPS Agreement.
(3) For the purposes of subparagraphs (d) and (e), a risk management option is not more trade-restrictive than required unless there is another option reasonably available, taking into account technical and economic feasibility, that achieves the appropriate level of sanitary or phytosanitary protection and is significantly less restrictive to trade.

Article 6.7. Adaptation to Regional Conditions, Including Pest- or Disease-Free Areas and Areas of Low Pest or Disease Prevalence

1. The Parties recognise that adaptation to regional conditions, including regionalization, zoning and compartmentalisation, is an important means to facilitate trade.

2. The Parties may work cooperatively on the recognition of pest- or disease-free areas, and areas of low pest or disease prevalence with the objective of acquiring confidence in the procedures followed by each Party for the recognition of pest- or disease-free areas and areas of low pest or disease prevalence.

3. If an importing Party receives a request for a determination of regional conditions and determines that the information provided by the exporting Party is sufficient, it shall initiate an assessment within a reasonable period of time.

4. When an importing Party commences an assessment of a request for a determination of regional conditions under paragraph 3, the Party shall promptly, on request of the exporting Party, explain its process for making the determination of regional conditions.

5. When an importing Party adopts an SPS measure that recognises specific regional conditions of an exporting Party, the importing Party shall communicate that measure to the exporting Party in writing and implement it within a reasonable period of time.

6. The importing and exporting Parties involved in a particular determination may also decide in advance the risk management measures that will apply to trade between them in the event of a change in the status.

7. If the evaluation of the evidence provided by the exporting Party does not result in a recognition of pest-or disease-free areas, or areas of low pest and disease prevalence, the importing Party shall provide the exporting Party with the rationale for its determination.

8. If there is an incident that results in the importing Party modifying or revoking the determination recognising regional conditions, on request of the exporting Party, the Parties involved shall cooperate to assess whether the determination can be reinstated.

Article 6.8. Transparency  (4)

1. A Party shall notify a proposed sanitary or phytosanitary measure that may have an effect on the trade of the other Party, including any that conforms to international standards, guidelines or recommendations, by using the WTO SPS notification submission system.

2. Unless urgent problems of human, animal or plant life or health protection arise or threaten to arise, or the measure is of a trade facilitating nature, a Party shall normally allow at least 60 days for interested persons and the other Party to provide written comments on the proposed measure after it makes the notification under paragraph 1. If feasible and appropriate, the Party should allow more than 60 days.

3. A Party that proposes to adopt a sanitary or phytosanitary measure shall discuss with the other Party, on request and if appropriate and feasible, any scientific or trade concern that the other Party may raise regarding the proposed measure and the availability of alternative, less trade-restrictive approaches for achieving the objective of the measure.

4. If feasible and appropriate, a Party should provide an interval of more than six months between the date it publishes the final sanitary or phytosanitary measure and the date on which the measure takes effect, unless the measure is intended to address urgent problem of human, animal or plant life or health, or the measure is of a trade facilitating nature.

5. Each Party shall publish, by electronic means, a notice of a final sanitary or phytosanitary measure in an official journal or website.

6. An exporting Party shall inform the importing Party through the contact points referred to in Article 6.17 in a timely and appropriate manner:

(a) ifit has knowledge of a significant sanitary or phytosanitary risk related to the export of a good from its territory;

(b) of urgent situations where a change in animal or plant health status in the territory of the exporting Party may affect current trade;

(c) of significant changes in the status of a regionalised pest or disease;

(d) of new scientific findings of importance which affect the regulatory response with respect to food safety, pests or diseases; and

(e) of significant changes in food safety, pest or disease management, control or eradication policies or practices that may affect current trade.

(4) For greater certainty, this Article applies only to a sanitary or phytosanitary measure that constitutes a sanitary or phytosanitary regulation for the purposes of Annex B of the SPS Agreement.

Article 6.9. Information Exchange

1. The Parties recognise that the exchange of information is an important means of enhancing the management of sanitary and phytosanitary measures and facilitating trade.

2. A Party may request information from the other Party on a matter arising under this Chapter. A Party that receives a request for information shall endeavour to provide available information to the requesting Party within a reasonable period of time and, if possible, by electronic means.

Article 6.10. Import Checks

1. Each Party shall ensure that its import programmes are based on the risks associated with importations, and the import checks are carried out without undue delay. (5)

2. An importing Party shall provide to the other Party, on request, information regarding the analytical methods, quality controls, sampling procedures and facilities that the importing Party uses to test a good. The importing Party shall maintain physical or electronic documentation regarding the identification, collection, sampling, transportation and storage of the test sample, and the analytical methods used on the test sample.

3. An importing Party shall ensure that its final decision in response to a finding of non-conformity with the importing Party's sanitary or phytosanitary measure, is limited to what is reasonable and necessary and is rationally related to the available science.

4. If an importing Party prohibits or restricts the importation of a good of the other Party on the basis of an adverse result of an import check, the importing Party shall provide a notification about the adverse result to at least one of the following: the importer or its agent; the exporter; the manufacturer; or the exporting Party.

5. When an importing Party provides a notification pursuant to paragraph 4, it shall:

(a) include:

(i) the reason for the prohibition or restriction;

(ii) the legal basis or authorisation for the action; and

(iii) information on the status of the affected goods and, if appropriate, on their disposition;

(b) do so in a manner that is consistent with its laws, regulations and requirements as soon as possible, after the date of the decision to prohibit or restrict, unless the good is seized by a customs administration; and

(c) if the notification has not already been provided through another channel, transmit the notification by electronic means, if practicable.

6. An importing Party that prohibits or restricts the importation of a good of the other Party on the basis of an adverse result of an import check shall provide an opportunity for a review of the decision and consider any relevant information submitted to assist in the review. The review request and information should be submitted to the importing Party within a reasonable period of time. (6)

7. If an importing Party determines that there is a significant, sustained or recurring pattern of non-conformity with a sanitary or phytosanitary measure, the importing Party shall notify the exporting Party of the non-conformity.

(5) For greater certainty, nothing in this Article prohibits a Party from performing import checks to obtain information to assess risk or to determine the need for, develop or periodically review a risk-based import programme.
(6) For greater certainty, nothing in this Article prevents an importing Party from disposing of goods which are found to have an infectious pathogen or pest that, if urgent action is not taken, can spread and cause damage to human, animal or plant life or health in the Party’s territory.

Article 6.11. Audits  (7)

1. To determine an exporting Party's ability to provide the required assurances and meet the sanitary and phytosanitary measures of the importing Party, the importing Party shall have the right, subject to this Article, to audit the exporting Party's competent authorities and associated or designated inspection systems. That audit may include an assessment of the competent authorities' control programmes, including, if appropriate, reviews of the inspection, audit programmes and on-site inspection of facilities or establishments.

2. Prior to the commencement of an audit, the importing Party and exporting Party involved shall discuss the rationale and decide the objectives and scope of the audit, the criteria or requirements against which the exporting Party will be assessed, and the itinerary and procedures for conducting the audit.

3. The importing Party shall provide the exporting Party the opportunity to comment on the findings of the audit and take any such comments into account before the importing Party makes its conclusions and takes any action. The importing Party shall provide a report setting out its conclusions in writing within a reasonable period of time.

4. Without prejudice to Article 6.12, the Parties shall not interrupt the trade of a good of the other Party solely due to a delay of the importing Party in carrying out an audit, where the importation of the good of that Party is permitted when the audit is initiated.

5. An audit shall be systems-based and designed to check the effectiveness of the regulatory controls of the competent authorities of the exporting Party.

(7) For greater certainty, nothing in this Article prevents an importing Party from performing an inspection of a facility for the purposes of determining if the facility conforms with the importing Party's sanitary or phytosanitary requirements or conforms with sanitary or phytosanitary requirements that the importing Party has determined to be equivalent to its sanitary or phytosanitary requirements.

Article 6.12. Emergency Measures

If a Party adopts an emergency measure that is necessary for the protection of human, animal or plant life or health, the Party shall promptly notify the other Party of that measure through the competent authorities and the relevant contact point referred to in Article 6.17. The Party that adopts the emergency measure shall take into consideration any information provided by the other Party in response to the notification.

Article 6.13. Certification

1. The Parties recognise that assurances with respect to sanitary or phytosanitary requirements may be provided through means other than certificates and that different systems may be capable of meeting the same sanitary or phytosanitary objective. (8)

2. If an importing Party requires certification for trade in a good, the Party shall ensure that the certification requirement is applied, in meeting the Party's sanitary or phytosanitary objectives, only to the extent necessary to protect human, animal or plant life or health.

3. An importing Party shall limit attestations and information it requires on the certificates to essential information that is related to the sanitary or phytosanitary objectives of the importing Party.

4. An importing Party should provide to the other Party, on request, the rationale for any attestations or information that the importing Party requires to be included on a certificate.

5. The Parties may agree to work cooperatively to develop model certificates to accompany specific goods traded between the Parties.

6. The Parties shall promote the implementation of electronic certification and other technologies to facilitate trade.

(8) For greater certainty, nothing in this article prohibits a Party from requiring certification where it is necessary for the protection of human, animal or plant life or health.

Article 6.14. Cooperation

1. The Parties shall cooperate to facilitate the implementation of this Chapter.

2. The Parties shall explore opportunities for further cooperation, collaboration and information exchange between the Parties on sanitary and phytosanitary matters of mutual interest, consistent with this Chapter. Those opportunities may include trade facilitation initiatives, and cooperation in multilateral fora on sanitary and phytosanitary matters.

3. The Parties may cooperate and jointly identify work on sanitary and phytosanitary matters with the goal of eliminating unnecessary obstacles to trade between the Parties.

4. Further to Article 3 of the SPS Agreement, the Parties are encouraged to promote cooperation in the development and application of international standards, guidelines and recommendations.

Article 6.15. Cooperative Technical Consultations

1. A Party, at any time, may request cooperative technical consultations with the other Party to resolve trade concerns related to the application of sanitary and phytosanitary measures.

2. Where a Party receives a written request from the other Party for technical consultations under this Chapter, the Parties shall initiate consultations within 30 days of the request being received, or as otherwise agreed, with the aim of resolving the matter.

3. The consulting Parties shall ensure the appropriate involvement of relevant trade and regulatory agencies in meetings held pursuant to this Article.

4. The consultations may be held in person, via videoconference, teleconference, or any other means as agreed by the Parties concerned.

Article 6.16. Administration of this Chapter

1. Matters relating to administration of this Chapter shall be considered by the Parties through the Trade in Goods Committee established under Article 22.5(a) (Establishment of Cross-Cutting Committees).

2. The Trade in Goods Committee shall have the following additional functions under this Chapter:

(a) providing a forum to improve the Parties' understanding of sanitary and phytosanitary issues that relate to the implementation of the SPS Agreement and this Chapter;

(b) providing a forum to enhance mutual understanding of each Party's sanitary and phytosanitary measures and the regulatory processes that relate to those measures;

(c) exchanging information on the implementation of this Chapter;

(d) discussing mechanisms to facilitate the exchange of information regarding the import requirements for specific products and communicate the status on the applications for its authorisation;

(e) to initiate discussions on the making of a notification pursuant to Article 6.10.4; and

(f) determining the appropriate means to undertake specific tasks related to the functions of the Committee;

3. The Trade in Goods Committee may also have the following additional functions under this Chapter:

(a) identify and develop technical assistance and cooperation projects between the Parties on sanitary and phytosanitary measures;

(b) serve as a forum for a Party to share information on a sanitary or phytosanitary issue that has arisen between it and the other Party, provided that the Parties between which the issue has arisen have first attempted to address the issue through discussions between themselves; and

(c) consult on matters and positions for the meetings of the WTO SPS Committee, and meetings held under the auspices of the Codex Alimentarius Commission, the World Organisation for Animal Health and the International Plant Protection Convention.

Article 6.17. Competent Authorities and Contact Points

Each Party shall provide the other Party with a written description of the sanitary and phytosanitary responsibilities of its competent authorities and shall designate and notify its contact points for matters arising under this Chapter 60 days after the entry into force of this Agreement. Each Party shall promptly notify the other Party of any change to its competent authorities and contact points.

Chapter 7. TECHNICAL BARRIERS TO TRADE

Article 7.1. Objectives

The objectives of this Chapter are to:

(a) increase and facilitate trade among the Parties through furthering the implementation of the TBT Agreement;

(b) deepen cooperation between the Parties in areas relating to technical barriers to trade;

(c) ensure that standards, technical regulations and conformity assessment procedures do not create unnecessary technical barriers to trade.

Article 7.2. Scope of Application

1. The provisions of this Chapter apply to the preparation, adoption and application of all standards, technical regulations and conformity assessment procedures of the Parties (1), of central level of government bodies and local government bodies that may affect trade in goods between the Parties.

2. The provisions of this Chapter are not applicable to sanitary and phytosanitary measures which shall be covered by Chapter 6 (Sanitary and Phytosanitary Measures).

3. The procurement specifications developed by government bodies for the production or consumption requirements of those bodies, shall not be subject to the provisions of this Chapter and shall be covered by Chapter 14 (Government Procurement).

(1) Any reference made in this Chapter to standards, technical regulations and conformity assessment procedures, includes those related to metrology.

Article 7.3. Incorporation of the TBT Agreement

The TBT Agreement shall be incorporated into this Chapter and is an integral part of it, mutatis mutandis.

Article 7.4. International Standards, Guides and Recommendations

1. The Parties recognise the important role that international standards, guides and recommendations can play in supporting greater regulatory alignment, good regulatory practice and reducing unnecessary barriers to trade.

2. In this respect, and further to Articles 2.4 and 5.4 and Annex 3 of the TBT Agreement, to determine whether an international standard, guide or recommendation within the meaning of Articles 2 and 5 and Annex 3 of the TBT Agreement exists, each Party shall apply the Decisions and Recommendations adopted by the WIO Committee on Technical Barriers to Trade Since 1 January 1995 (G/TBT/I/Rev.13), as may be revised, issued by the WTO Committee on Technical Barriers to Trade.

Article 7.5. Cooperation and Trade Facilitation

1. The Parties shall seek to identify, develop and promote trade facilitation initiatives related to standards, technical regulations, and conformity assessment procedures. Such initiatives may include:

(a) enhancing knowledge and understanding of the Parties' respective systems with the aim of facilitating market access;

(b) promoting the compatibility or equivalence of technical regulations and conformity assessment procedures;

(c) promoting alignment or harmonisation with international standards; or (d) recognising and accepting the results of conformity assessment procedures.

2. The Parties recognise the existence of a wide range of mechanisms to support greater regulatory alignment and eliminate unnecessary technical barriers to trade in the region, including:

(a) encouraging regulatory dialogue and cooperation, through means such as:

(i) exchanging information on regulatory approaches and practices;

(ii) promoting the use of good regulatory practices to improve the efficiency and effectiveness of standards, technical regulations and conformity assessment procedures;

(iii) providing technical advice, assistance and cooperation, on mutually agreed terms and conditions, to:

(A) improve practices related to the development, implementation and review of technical regulations, standards and conformity assessment procedures;

(B) improve competency and support the implementation of this Chapter; or

(b) encouraging greater use of international standards, guides and recommendations as a basis for technical regulations and conformity assessment procedures.

3. With respect to paragraphs 1 and 2, the Parties recognise that the choice of the appropriate initiatives or mechanisms in a given regulatory context depends on a variety of factors, such as the product and sector involved, the volume and direction of trade, the relationship between the Parties' respective regulators, the legitimate objectives pursued and the risks of non-fulfilment of those objectives.

4. The Parties shall strengthen collaboration on mechanisms to facilitate the acceptance of the results of the conformity assessment procedures, to support greater regulatory alignment and eliminate unnecessary technical barriers to trade.

5. The Parties shall encourage cooperation between their respective organisations responsible for technical regulation, standardisation, conformity assessment, accreditation and metrology, whether they are governmental or non-governmental, with a view to addressing diverse issues covered by this Chapter.

6. When a Party detains at the point of entry a good originating in the territory of the other Party, due to non-fulfilment of a technical regulation, it must notify the importer, or when applicable, its agent, as soon as possible the reasons for the detention.

  • 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