Pacific Alliance - Singapore FTA (2022)
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notice of intended procurement means a notice published by a procuring entity inviting interested suppliers to submit a request for participation, a tender or both;

offset means any condition or undertaking that encourages local development or the improvement of a Party's balance of payments accounts, such as the use of domestic content, the licensing of technology, investment, counter-trade and similar action or requirement;

open tendering means a procurement method whereby all interested suppliers may submit a tender;

procuring entity means an entity listed in Annex 14-A;

publish means to disseminate information through paper or electronic means that is distributed widely and is readily accessible to the general public;

qualified supplier means a supplier that a procuring entity recognizes as having satisfied the conditions for participation;

selective tendering means a procurement method whereby the procuring entity invites only qualified suppliers to submit a tender;

services include construction services, unless otherwise specified; supplier means a person that provides or could provide a good or service to a procuring entity; and technical specification means a tendering requirement that:

(a) sets out the characteristics of:

(i) goods to be procured, including quality, performance, safety and dimensions, or the processes and methods for their production; or

(ii) services to be procured, or the processes or methods for their provision; or

(b) addresses terminology, symbols, packaging, marking or labelling requirements, as they apply to a good or service.

Article 14.2. Scope Application of Chapter

1. This Chapter applies to any measure adopted or maintained by a Party regarding covered procurement. For purposes of this Chapter, covered procurement means procurement for governmental purposes:

(a) of goods, services, or any combination thereof in accordance with that Party's Schedule to Annex 14-A;

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

(c) by a procuring entity;

(d) by any contractual means, including purchase, rental or lease, with or without an option to buy, and build-operate-transfer contracts and public works concessions contracts;

(e) for which the value of the contract, as estimated in accordance with Article 14.5, equals or exceeds the relevant threshold specified in that Party's Schedule in Annex 14-A, at the time of publication of a notice of intended procurement; and

(f) that is not otherwise excluded from coverage under this Agreement.

Activities Not Covered

2. Unless otherwise provided in a Party's Schedule to Annex 14-A, this Chapter does not apply to:

(a) non-contractual agreements or any form of assistance that a Party, including its procuring entities, provides, including grants, loans, equity infusions, fiscal incentives, subsidies, guarantees, sponsorship arrangements and cooperative agreements;

(b) government provision of goods or services to persons or to regional or local level governments;

(c) procurement conducted for the specific purpose of providing foreign assistance, including developmental aid;

(d) procurement conducted under the particular procedure or condition of an international organisation, or funded by international loans, grants or other assistance, where the applicable procedure or condition would be inconsistent with this Chapter;

(e) procurement conducted under the particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory countries of a project;

(f) hiring of government employees and related employment measures;

(g) the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions or services related to the sale, redemption and distribution of public debt, including loans and government bonds, notes, derivatives and other securities. For greater certainty, this Chapter shall not apply to procurement of banking, financial, fiduciary or specialised services related to the following activities:

(i) the incurring of public indebtedness; or

(ii) public debt management;

(h) procurement made by a procuring entity from another government entity of that same Party whether or not covered by this Chapter;

(i) the acquisition or rental of land, existing buildings or other immovable property or the rights thereon; or

(j) procurement of a good or service outside the territory of the Party of the procuring entity, for consumption outside the territory of that Party.

3. Each Party shall ensure that its procuring entities comply with this Chapter in conducting covered procurements.

4. No procuring entity shall prepare or design a procurement, or otherwise structure or divide a procurement into separate procurements in any stage of the procurement, or use a particular method to estimate the value of a procurement, in order to avoid the obligations of this Chapter.

5. Where a procuring entity awards a contract that is not covered under this Chapter, nothing in this Chapter shall be construed to cover any good or service component of the contract.

6. Nothing in this Chapter shall be construed to prevent a Party, including its procuring entities, from developing new procurement policies, procedures or contractual means, provided that they are not inconsistent with this Chapter.

Schedules

7. Each Party shall specify the following information in its Schedule to Annex 14-A:

(a) in Section A, the central government entities whose procurement is covered by this Chapter;

(b) in Section B, the sub-central government entities whose procurement is covered by this Chapter;

(c) in Section C, other entities whose procurement is covered by this Chapter;

(d) in Section D, the goods covered by this Chapter;

(e) in Section E, the services, other than construction services, covered by this Chapter; (f) in Section F, the construction services covered by this Chapter;

(g) in Section G, any General Notes;

(h) in Section H, the applicable Threshold Adjustment Formula; and

(i) in Section I, the publication information required under Article 14.7.

Article 14.3. General Principles National Treatment and Non-Discrimination

1. With respect to any measure regarding covered procurement, each Party, including its procuring entities, shall accord immediately and unconditionally to the goods and services of the other Party and any other Party to the Pacific Alliance and to the suppliers of the other Party, treatment no less favourable than the treatment that the Party, including its procuring entities, accords to:

(a) its domestic goods, services and suppliers; and

(b) goods, services and suppliers of any other Party to the Pacific Alliance.

2. With respect to any measure regarding covered procurement, no Party, including its procuring entities, shall:

(a) treat a locally established supplier less favourably than another locally established supplier on the basis of degree of foreign affiliation or ownership; or

(b) discriminate against a locally established supplier on the basis that the good or service offered by that supplier for a particular procurement is a good or service of the other Party.

3. All orders under contracts awarded for covered procurement shall be subject to paragraphs 1 and 2.

Measures Not Specific to Procurement

4. Paragraphs 1 and 2 shall not apply to:

(a) customs duties and charges of any kind imposed on or in connection with importation, the method of levying such duties and charges, other import regulations or formalities; or

(b) measures affecting trade in services other than measures governing covered procurement.

Procurement Methods

5. A procuring entity shall use an open tendering procedure for covered procurement unless Article 14.9 or Article 14.13 applies.

Rules of Origin

6. Each Party shall apply to covered procurement of a good the rules of origin that it applies in the normal course of trade to that good.

Article 14.4. Offsets

With regard to covered procurement, a Party, including its procuring entities, shall not seek, take account of, impose or enforce any offset, at any stage of a procurement.

Article 14.5. Valuation

1. In estimating the value of a procurement for the purposes of ascertaining whether it is a covered procurement, a procuring entity shall:

(a) neither divide a procurement into separate procurements nor select or use a particular valuation method for estimating the value of a procurement with the intention of avoiding the obligations in this Chapter;

(b) include the maximum total value of the procurement over its entire duration, taking into account all forms of remuneration, including any premium, fee, commission, interest or other revenue stream that may be provided in the relevant procurement and, where the procurement provides for the possibility of options, the total value of such options; and

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

2. If the total estimated maximum value of a procurement over its entire duration is not known, the procurement shall be deemed as a covered procurement, unless otherwise excluded under this Agreement.

Article 14.6. Technical Specifications

1. A procuring entity shall not prepare, adopt or apply any technical specification or prescribe any conformity assessment procedure with the purpose or effect of creating an unnecessary obstacle to trade between the Parties.

2. In prescribing the technical specifications for the good or service being procured, a procuring entity shall, if appropriate:

(a) set out the technical specifications in terms of performance and functional requirements, rather than design or descriptive characteristics; and

(b) base the technical specifications on international standards, if these exist; otherwise, on national technical regulations, recognised national standards or building codes.

3. A procuring entity shall not prescribe technical specifications that require or refer to a particular trademark or trade name, patent, copyright, design, type, specific origin, producer or supplier, unless there is no other sufficiently precise or intelligible way of describing the procurement requirements and provided that, in these cases, the procuring entity includes words such as "or equivalent" in the tender documentation.

4. A procuring entity shall not seek or accept, in a manner that would have the effect of precluding competition, advice that may be used in the preparation or adoption of any technical specification for a specific procurement from a person that may have a commercial interest in the procurement.

5. For greater certainty, this Article is not intended to preclude a procuring entity from preparing, adopting or applying technical specifications to promote the conservation of natural resources or the protection of the environment.

6. For greater certainty, a procuring entity may conduct market research in developing specifications for a particular procurement.

7. For greater certainty, this Chapter is not intended to preclude a Party, or its procuring entities, from preparing, adopting or applying technical specifications required to protect sensitive government information, including specifications that may affect or limit the storage, hosting or processing of such information outside the territory of the Party.

Article 14.7. Publication of Procurement Information

1. Each Party shall promptly publish any measure of general application relating to covered procurement, and any change or addition to this information.

2. Each Party shall list in Section I of its Schedule to Annex 14-A the paper or electronic means through which the Party publishes the information described in paragraph 1 and the notices required by Article 14.8, Article 14.13 and Article 14.15.

3. Each Party shall, on request, respond to an inquiry relating to the information referred to in paragraph 1.

Article 14.8. Notice of Intended Procurement

1. For each covered procurement, except in the circumstances described in Article 14.9, a procuring entity shall publish a notice of intended procurement through the appropriate paper or electronic means listed in Section I of its Schedule to Annex 14-A. The notices shall remain readily accessible to the public until at least the expiration of the time period for responding to the notice or the deadline for submission of the tender.

2. The notices shall, if accessible by electronic means, be provided free of charge:

(a) for central government entities that are covered under Annex 14-A, through a single g point of access; and

(b) for sub-central government entities and other entities covered under Annex 14-A, through links in a single electronic portal.

3. Unless otherwise provided in this Chapter, each notice of intended procurement shall include at least the following information, unless that information is provided in the tender documentation that is made available free of charge to all interested suppliers at the same time as the notice of intended procurement:

(a) a description of the procurement, including, if appropriate, the nature and quantity of the goods or services to be procured and a description of any options, or the estimated quantity if the quantity is not known;

(b) the procurement method that will be used;

(c) alist anda brief description of any conditions for participation that suppliers must fulfil to participate in the relevant procurement, that may include any related requirements for specific documents or certifications that suppliers must provide;

(d) the name of the procuring entity publishing the notice;

(e) the address and/or the contact point information where suppliers may obtain all relevant documents relating to the procurement, and the cost and terms of payment to obtain the relevant documents, if any;

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

(g) the address and any final date for the submission of tenders;

(h) the time-frame for delivery of goods or services to be procured or the duration of the contract, except when this information is provided in the tender documentation;

(i) if, pursuant to Article 14.13, a procuring entity intends to select a limited number of qualified suppliers to be invited to tender, the criteria that will be used to select them and, if applicable, any limitation on the number of suppliers that will be permitted to tender; and

(j) an indication that the procurement is covered by this Chapter unless that indication is publicly available through information published pursuant to Article 14.7.

4. For greater certainty, paragraph 3 does not preclude a Party from charging a fee for tender documentation if the notice of intended procurement includes all of the information set out in paragraph 3.

Notice of Planned Procurement

5. Each Party shall encourage their procuring entities to publish in an electronic means listed in Section I of its Schedule to Annex 14-A, as early as possible in each fiscal year, a notice regarding their future procurement plans. Such notices shall include the subject matter of the procurement and the planned date of publication of the notice of intended procurement.

Article 14.9. Limited Tendering

1. Provided that it does not use this provision for purposes of avoiding competition among suppliers or in a manner that discriminates against suppliers of the other Party or protects domestic suppliers, a procuring entity may use limited tendering.

2. If a procuring entity uses limited tendering, it may choose, according to the nature of the procurement, not to apply Article 14.6, Article 14.8, Article 14.10, Article 14.11, Article 14.12, Article 14.13 or Article 14.14. A procuring entity may use limited tendering, only under the following circumstances:

(a) if, in response to a prior notice, invitation to participate or invitation to tender:

(i) no tenders were submitted or no suppliers requested participation;

(ii) no tenders were submitted that conform to the essential requirements in the tender documentation;

(ii) no suppliers satisfied the conditions for participation; or

(iv) the tenders submitted were collusive. For greater certainty, a Party may provide under its laws and regulations that a declaration that tenders are collusive must be made by a competent authority;

provided that the procuring entity does not substantially modify the requirements set out in the notices or the tender documentation;

(b) if the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute good or service exists for any of the following reasons:

(i) the requirement is for a work of art;

(ii) the protection of patents, copyrights or other exclusive rights; or

(iii) due to an absence of competition for technical reasons;

(c) for additional deliveries by the original supplier or its authorised agents of goods or services that were not included in the initial procurement where a change of supplier for such additional goods or services:

(i) cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services or installations procured under the initial procurement or due to conditions under original supplier warranties; and

(ii) would cause significant inconvenience or substantial duplication of costs for the procuring entity;

(d) for goods purchased on a commodity market;

(e) if a procuring entity procures a prototype or a first good or service that is intended for limited trial or that is developed at its request in the course of, and for, a particular contract for research, experiment, study or original development. Original development of a prototype or a first good or service may include limited production or supply in order to incorporate the results of field testing and to demonstrate that the prototype or the first good or service is suitable for production or supply in quantity to acceptable quality standards, but does not include quantity production or supply to establish commercial viability or to recover research and development costs. Subsequent procurements of these newly developed goods or services, however, shall be subject to this Chapter;

(f) if additional construction services that were not included in the initial contract but that were within the objectives of the original tender documentation have, due to unforeseeable circumstances, become necessary to complete the construction services described therein. However, the total value of contracts awarded for additional construction services may not exceed 50 per cent of the value of the initial contract;

(g) insofar as is strictly necessary, if, for reasons of extreme urgency brought about by events unforeseeable by the procuring entity, the goods or services could not be obtained in time by means of open or selective tendering;

(h) if a contract is awarded to the winner of a design contest, provided that:

(i) the contest has been organised in a manner that is consistent with this Chapter; and

(ii) the participants are judged by an independent jury with a view to award a design contract to the winner; or

(i) for purchases made under exceptionally advantageous conditions that only arise in the very short term, such as from unusual disposals, liquidation, bankruptcy or receivership, but not for routine purchases from regular suppliers.

3. A procuring entity shall prepare a report in writing or maintain a record for each contract awarded in accordance with paragraph 2. Such report or record shall include the name of the procuring entity, the value and kind of goods or services procured, and a statement that indicates the circumstances and conditions described in paragraph 2 that justified the use of limited tendering.

Article 14.10. Time Periods for the Submission of Tenders

General

1. A procuring entity shall, consistent with its own reasonable needs, provide sufficient time for a supplier to obtain the tender documentation and to prepare and submit a request for participation and a responsive tender, taking into account factors such as:

(a) the nature and complexity of the procurement; and

(b) the time necessary for transmitting tenders by non-electronic means from foreign as well as domestic points if electronic means are not used.

Deadlines

2. A procuring entity that uses selective tendering shall establish that the final date for the submission of a request for participation shall not, in principle, be less than 25 days from the date of publication of the notice of intended procurement. If a state of urgency duly substantiated by the procuring entity renders this time period impracticable, the time period may be reduced to no less than 10 days.

3. Except as provided in paragraphs 4 and 5, a procuring entity shall establish that the final date for the submission of tenders shall not be less than 40 days from the date on which:

(a) in the case of open tendering, the notice of intended procurement is published; or

(b) in the case of selective tendering, the procuring entity notifies the suppliers that they will be invited to submit tenders, whether or not it uses a multi-use list.

4. A procuring entity may reduce the time period for tendering set out in paragraph 3 by five days for each one of the following circumstances:

(a) the notice of intended procurement is published by electronic means;

(b) the tender documentation is made available by electronic means from the date of the publication of the notice of intended procurement; and

(c) the procuring entity accepts tenders by electronic means.

5. A procuring entity may reduce the time period for tendering set out in paragraph 3 to no less than 10 days if:

(a) the procuring entity has published a notice of planned procurement under Article 14.8 at least 40 days and no more than 12 months in advance of the publication of the notice of intended procurement, and the notice of planned procurement contains:

(i) adescription of the procurement;

(ii) the approximate final dates for the submission of tenders or requests for participation;

(iii) the address from which documents relating to the procurement may be obtained; and

(iv) as much of the information that is required for the notice of intended procurement as is available;

  • 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