Costa Rica - Peru FTA (2011)
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1. Each Party shall ensure that its laws, regulations, procedures and administrative rulings of general application that relate to any matter covered by this Agreement are promptly published or otherwise made available for the information of interested persons and the other Party.

2. To the extent possible, each Party:

(a) publish any measure referred to in paragraph 1 which it proposes to adopt relating to matters covered by this Agreement, and

(b) shall afford interested persons and the other Party the opportunity to comment on such measures.

Article 16.3. Provision of Information

1. At the request of a Party, and to the extent permitted by its domestic law, the other Party shall provide information and respond promptly to questions conceming any matter that could materially affect this Agreement.

2. Any provision of information provided under this Article shall be without prejudice to whether or not the measure is consistent with this Agreement.

Article 16.4. Administrative Procedures

In order to administer in a consistent, impartial and reasonable manner all measures of general application affecting matters covered by this Agreement, each Party shall ensure that, in its administrative procedures applying the measures referred to in Article 16.2.1 with respect to particular persons, goods or services of the other Party in specific cases:

(a) whenever possible, persons of the other Party who are directly affected by a proceeding shall, in accordance with domestic law, be given reasonable notice of the commencement of the proceeding, including a description of its nature, a statement of the legal basis under which the proceeding is initiated, and a general description of all matters in dispute;

(b) when time, the nature of the proceeding and the public interest permit, such persons are given a reasonable opportunity to present facts and arguments in support of their claims prior to any final administrative action; and

(c) its procedures are in accordance with national legislation.

Article 16.5. Review and Challenge

1. Each Party shall establish or maintain courts or tribunals or procedures of a judicial or administrative nature for the purpose of the prompt review and, where warranted, correction of final administrative actions relating to matters covered by this Agreement. Such tribunals shall be impartial and not connected with the administrative enforcement agency or authority, and shall have no substantial interest in the outcome of the matter.

2. Each Party shall ensure that, before such courts or in such proceedings, the Parties have the right to:

(a) a reasonable opportunity to support or defend their respective positions; and

(b) a decision based on the evidence and arguments or, in cases where required by national legislation, on the record compiled by the administrative authority.

3. Each Party shall ensure that, subject to the means of challenge or subsequent review available under its domestic law, such rulings are implemented by its agencies or authorities and govern the practice of such agencies or authorities with respect to the administrative action in question.

Article 16.6. Specific Rules

The provisions of this Chapter are without prejudice to the specific rules established in other Chapters of this Treaty.

Article 16.7. Definitions

For the purposes of this Chapter:

administrative ruling of general application means an administrative ruling or interpretation that applies to all persons and factual situations that generally fall within its scope, and that establishes a standard of conduct, but does not include:

(a) rulings or decisions in an administrative proceeding that applies to a particular person, good or service of the other Party in a specific case; or

(b) a resolution that resolves with respect to a particular act or practice.

Chapter 17. Administration of the Treaty

Article 17.1. The Free Trade Commission

1. The Parties establish the Free Trade Commission, composed of representatives at the Ministerial level of each Party, in accordance with Annex 17.1, or their designees.

2. The Commission shall:

(a) supervise the implementation of the Treaty;

(b) supervise the further development of the Treaty;

(c) oversee the work of all bodies established under this Treaty, including committees and working groups;

(d) approve atits first meeting, unless otherwise agreed by the Parties, the Rules of Procedure and Code of Conduct referred to in Chapter 15 (Dispute Settlement), and modify them as necessary;

(e) fix the amount of remuneration and expenses to be paid to the members of the panels referred to in Chapter 15 (Dispute Settlement);

(f) to hear any other matter that may affect the operation of the Treaty, and

(g) establish and modify its rules of procedure.

3. The Commission may:

(a) establish and delegate responsibilities to the bodies established under this Treaty;

(b) modify in compliance with the objectives of this Treaty:

(i) the Schedules set out in Annex 2.3 (Tariff Elimination Program) by improving the tariff conditions for market access, including the possibility of accelerating tariff elimination and including one or more excluded goods in the Tariff Elimination Program;

(ii) the rules of origin set forth in Annex 3 (Specific Rules of Origin), Annex 3.16 (Certificate of Origin) and Annex 3.17 (Declaration of Origin); and

(iii) Annex 10.1 (Coverage Annex);

(c) issue interpretations of the provisions of this Agreement,

(d) analyze any proposed amendments to this Agreement in order to make a recommendation to the Parties;

(e) review the impacts of the Treaty on the micro, small and medium-sized enterprises of the Parties;

(f) seek the advice of non-govemmental individuals or groups; and

(g) take any other action for the exercise of its functions as agreed by the Parties.

4. Each Party shall implement, in accordance with its national legislation, any modification referred to in subparagraph 3(b), within the period agreed by the Parties.

5. All decisions of the Commission shall be adopted by mutual agreement

6. The Commission shall meet at least once (1) a year in regular session, unless the Commission decides otherwise. The regular sessions of the Commission shall be held alternately in the territory of the Parties or by any technological means.

Article 17.2. Free Trade Agreement Coordinators

1. Each Party shall designate a Free Trade Agreement Coordinator, in accordance with Annex 17.2.

2. The Coordinators will work together in the development of agendas, as well as in other preparations for the meetings of the Commission and will give appropriate follow-up to the decisions of the Commission.

Article 17.3. Administration of the Dispute Resolution Procedures

1. Each Party shall:

(a) designate an office to provide administrative support to the panels contemplated in Chapter 15 (Dispute Resolution) and perform other functions at the direction of the Commission; and

(b) notify the other Party of the address of its designated office.

2. Each Party shall be responsible for the operation and costs of its designated office.

Annex 17.1. The Free Trade Commission

The Free Trade Commission shall be composed of:

(a) Peru: the Minister of Foreign Trade and Tourism; and

(b) Costa Rica: the Minister of Foreign Trade, or

his successors.

Annex 17.1.3(b) . Implementation of the Modifications Approved by the Free Trade Commission

In the case of Costa Rica, the decisions of the Commission under Article 17.1.3 (b) (The Free Trade Commission) shall be equivalent to the instrument referred to in Article 121.4, third paragraph, (lower-ranking protocol), of the Political Constitution of the Republic of Costa Rica.

Annex 17.2 . Free Trade Agreement Coordinators

The Free Trade Agreement Coordinators will be for:

(a) Peru: the unit designated by the Vice-Minister of Foreign Trade; and

(b) Costa Rica: the Director General of Foreign Trade of the Ministry of Foreign Trade or his designee,

or their successors.

Chapter 18. Exceptions

Article 18.1. General Exceptions

1. For the purposes of Chapter 2 (Market Access for Goods), Chapter 3 (Rules of Origin and Origin Procedures), Chapter 4 (Trade Facilitation and Customs Procedures), Chapter 5 (Cooperation and Mutual Assistance in Customs Matters), Chapter 6 (Sanitary and Phytosanitary Measures) and Chapter 7 (Technical Barriers to Trade), Article XX of GATT 1994 and its interpretative notes are incorporated into and form an integral part of this Agreement, mutatis mutandis. The Parties understand that the measures referred to in Article XX(b) of GATT 1994 include environmental measures necessary to protect human, animal or plant life or health, and that Article XX(g) of GATT 1994 applies to measures relating to the conservation of living or non-living exhaustible natural resources.

2. For the purposes of Chapter 13 (Cross-Border Trade in Services) and Chapter 14 (Temporary Entry of Business Persons), Article XIV of the WTO GATS (including the footnotes) are incorporated into and form an integral part of this Agreement, mutatis mutandis. The Parties understand that the measures referred to in Article XIV(b) of the WTO GATS include environmental measures necessary to protect human, animal or plant life or health.

Article 18.2. Essential Safety

Nothing in this Agreement shall be construed as meaning to:

(a) oblige a Party to provide or give access to information the disclosure of which it considers contrary to its essential security interests; or

(b) prevent a Party from applying measures it considers necessary to fulfill its obligations with respect to the maintenance or restoration of international peace or security, or to protect its essential security interests.

Article 18.3. Taxation

1. Except as provided In this Article, nothing In this Agreement shall apply to taxation measures.

2. Nothing in this Agreement shall affect the rights and obligations of the Parties under any tax convention. In the event of any inconsistency between this Agreement and any such treaty, the treaty shall prevail to the extent of the inconsistency. In the case of a tax treaty between the Parties, the competent authorities under that treaty shall have sole responsibility for determining whether there is any inconsistency between this Agreement and that treaty.

3. Notwithstanding the provisions of paragraph 2:

(a) Article 2.2 (National Treatment) and such other provisions in this Agreement as are necessary to give effect to the provisions of Article III of GATT 1994 shall apply to taxation measures to the same extent as Article III of GATT 1994; and

(b) Article 2.11 (Export Taxes) shall apply to tax measures.

4. Subject to the provisions of paragraph 2:

(a) Article 13.3 (National Treatment) shall apply to taxation measures on income, capital gains, or on the taxable capital of enterprises relating to the acquisition or consumption of specified services, except that nothing in this subparagraph shall prevent a Party from conditioning the receipt or continued receipt of an advantage related to the acquisition or consumption of specified services on the requirement to supply the service in its territory, and

(b) Articles 12.2 (National Treatment) and 12.3 (Most-Favored-Nation Treatment) and 13.3 (National Treatment) and 13.4 (Most-Favored-Nation Treatment) shall apply to all tax measures, except those on income, capital gains, or taxable business capital, estate, inheritance, gift, and generation-skipping transfers.

5. Paragraph 4 may not:

(a) impose any most-favored-nation obligation with respect to the benefit granted by a Party pursuant to any tax convention;

(b) apply to any non-conforming provision of any existing tax measure;

(c) apply to the continuation or prompt renewal of a non-conforming provision of any existing tax measure;

(d) apply to an amendment to a non-conforming provision of any existing tax measure, to the extent that such amendment does not, at the time it is made, reduce its degree of conformity with any of the articles referred to in paragraph 4;

(e) apply to the adoption or enforcement of any taxation measure aimed at ensuring the equitable or effective application or collection of taxes (as permitted under Article XIV(d) of the WTO GATS); or

(f) apply to a provision that conditions the receipt, or continued receipt, of an advantage in relation to contributions to, or income from, pension trusts or pension plans on the requirement that the Party maintain continuing jurisdiction over the pension trust or pension plan.

6. Subject to paragraph 2 and without prejudice to the rights and obligations of the Parties under paragraph 3, paragraphs 3, 5, 6, 7, 8, 9 and 10 of Article 12.6 (Performance Requirements) shall apply to taxation measures.

7. (a) Article 12.10 (Expropriation and Compensation) and 12.16 (Submission of a Claim to Arbitration) shall apply to a taxation measure that is claimed to be expropriatory. However, no investor may invoke Article 12.10 (Expropriation and Compensation) as a basis for a claim where it has been determined pursuant to this paragraph that the measure does not constitute an expropriation (1). An investor seeking to invoke Article 12.10 (Expropriation and Compensation) with respect to a taxation measure shall first submit the matter to the competent authorities of the respondent and claimant Party, referred to in subparagraph (b), at the time it delivers written notice of its intention to submit a claim to arbitration under Article 12.16 (Submission of a Claim to Arbitration), for those authorities to determine whether the taxation measure constitutes an expropriation. If the competent authorities do not agree to examine the matter or if, having agreed to examine the matter, they do not agree that the measure does not constitute an expropriation, within six (6) months after the matter has been submitted to them, the investor may submit its claim to arbitration, in accordance with Article 12.16 (Submission of a Claim to Arbitration).

(b) For the purposes of this paragraph, competent authorities means:

(i) in the case of Costa Rica, the Ministry of Finance; and

(ii) in the case of Peru, the Ministry of Economy and Finance, or its successors.

8. For the purposes of this Article:

tax convention means a convention for the avoidance of double taxation or other international tax convention or arrangement, and

taxes and tax measures do not include: (a) a customs duty as defined in Article 1.5 (Definitions of General Application); or

(b) the measures listed in exceptions (b) and (c) of the definition of customs duty in Article 1.5 (Definitions of General Application).

(1) With reference to Article 12.10 (Expropriation and Compensation) in assessing whether a taxation measure constitutes expropriation, the following considerations are relevant: (a) the imposition of taxes does not generally constitute expropriation. The mere introduction of new tax measures or the imposition of taxes in more than one jurisdiction in respect of an investment does not constitute, and is not in itself, expropriation; (b) tax measures consistent with internationally recognized tax policies, principles and practices do not constitute expropriation, and in particular, tax measures aimed at preventing tax avoidance or evasion should generally not be considered expropriatory; and (c) tax measures applied on a non-discriminatory basis, as opposed to being targeted at investors of a particular nationality or at specific individual taxpayers, are less likely to constitute expropriation. A tax measure should not constitute expropriation if, at the time the investment is made, it was already in effect, and information about the measure was made public or otherwise publicly available.

Article 18.4. Disclosure of Information

Nothing in this Agreement shall be construed to require a Party to fumish or give access to confidential information, the disclosure of which would impede the enforcement of its domestic law, or which would be contrary to the public interest, or which would prejudice the legitimate commercial interest of particular enterprises, whether public or private.

Article 18.5. Measures to Safeguard the Balance of Payments

In accordance with the WTO Agreement and consistent with the Articles of Agreement of the international Monetary Fund, a Party may adopt or maintain temporary, non-discriminatory safeguard measures with respect to payments and capital movements that it considers necessary:

(a) in the event of the existence or threat of serious extemal financial or balance of payments difficulties; or

(b) in cases where, under exceptional circumstances, payments and capital movements cause or threaten to cause serious difficulties for macroeconomic management, particularly in monetary and exchange rate policy.

Chapter 19. Final Provisions

Article 19.1. Annexes, Appendices and Footnotes

The Annexes, Appendices, and Footnotes to this Agreement constitute an integral part of this Agreement.

Article 19.2. Amendments

1. The Parties may agree to any amendment to this Agreement.

2. When the amendment is agreed and approved in accordance with the legal procedures of each Party, the amendment shall constitute an integral part of this Agreement and shall enter into force on the date on which the Parties so agree.

Article 19.3. Amendments to the Agreement on the WTO

If any provision of the WTO Agreement that has been incorporated into this Agreement is amended, the Parties shall consult with a view to amending the corresponding provision of this Agreement, as appropriate, in accordance with Article 19.2.

Article 19.4. Reservations and Interpretative Statements

This Treaty shall not be subject to reservations or unilateral interpretative declarations.

Article 19.5. Entry Into Force

This Agreement shall enter into force sixty (60) days after the date on which the Parties exchange written notifications confirming that they have complied with their respective legal procedures or on the date on which the Parties so agree.

Article 19.6. Denunciation

Either Party may denounce this Agreement. The denunciation shall take effect one hundred and eighty (180) days after written notification to the other Party, notwithstanding that the Parties may agree on a different period of time to give effect to the denunciation.

Conclusion

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Govermments, have signed this Treaty.

DONE at San José, Republic of Costa Rica, in two equally authentic and valid copies, on the 26th day of May, 2011.

BY THE GOVERNMENT OF THE REPUBLIC OF COSTA RICA:

Anabel Gonzalez Campabadal

Minister of Foreign Trade

BY THE GOVERNMENT OF THE REPUBLIC OF PERU:

Eduardo Ferreyros Kippers

Minister of Foreign Trade and Tourism

AS A WITNESS OF HONOR:

Laura Chinchilla Miranda

President of the Republic of Costa Rica Rica

Attachments

Annex I . Nonconforming Measures

Annex I . Explanatory Note

1. A Party's Schedule to this Annex sets out, in accordance with Article 12.7 (Nonconforming Measures) and Article 13.7 (Nonconforming Measures), the non- conforming aspects of a Party's existing measures that are not subject to some or all of the obligations imposed by:

(a) Article 12.2 (National Treatment) or Article 13.3;

(b) Article 12.3. (Most-Favored-Nation Treatment) or Article 13.4 (Most- Favored-Nation Treatment);

(c) Article 12.5 (Senior Executives and Boards of Directors);

(d) Article 12.6 (Performance Requirements);

(e) Article 13.5 (Market Access); or

(f) Article 13.6 (Local Presence).

2. Each reservation in the Party's Schedule sets forth the following elements:

(a) Sector refers to the general sector for which the reservation has been made;

(b) Subsector refers to the specific sector for which the reservation has been made;

(c) Affected Obligations specifies the obligation(s) referred to in paragraph 1 that, in accordance with Article 12.7 (Non-Conforming Measures) and Article 13.7 (Non-Conforming Measures), do not apply to the non-conforming aspects of the measure(s) listed as provided for in paragraph 3;

  • Chapter   1 Initial Provisions and General Definitions 1
  • Section   A Initial Provisions 1
  • Article   1.1 Establishment of the Free Trade Zone 1
  • Article   1.2 Objectives 1
  • Article   1.3 Relationship to other Intemational Agreements 1
  • Article   1.4 Scope of Obligations 1
  • Section   B General Definitions 1
  • Article   1.5 Definitions of General Application 1
  • Annex 1.5  Country-Specific Definitions 1
  • Chapter   2 Access to Commodity Markets 1
  • Article   2.1 Scope of Application 1
  • Section   A National Treatment 1
  • Article   2.2 National Treatment 1
  • Section   B Tariff Elimination 1
  • Article   2.3 Tariff Elimination 1
  • Section   C Special Regimes 1
  • Article   2.4 Exemption from Customs Duties 1
  • Article   2.5 Temporary Admission of Goods 1
  • Article   2.6 Goods Reimported after Repair or Alteration 1
  • Article   2.7 Duty-Free Importation for Commercial Samples of Insignificant Value and Printed Advertising Materials 1
  • Section   D Non-Tariff Measures 1
  • Article   2.8 Import and Export Restrictions 1
  • Article   2.9 Import and Export Licensing 1
  • Article   2.10 Administrative Burdens and Formalities 1
  • Article   2.11 Export Taxes 2
  • Section   E Other Measures 2
  • Article   2.12 State Trading Enterprises 2
  • Article   2.13 Customs Valuation 2
  • Section   F Agriculture 2
  • Article   2.14 Scope and Coverage 2
  • Article   2.15 Agricultural Export Subsidies 2
  • Section   G Institutional Arrangements 2
  • Article   2.16 Committee on Trade In Goods 2
  • Section   H Definitions 2
  • Article   2.17 Definitions 2
  • Chapter   3 Rules of Origin and Origin Procedures 2
  • Section   A Rules of Origin 2
  • Article   3.1 Originating Goods 2
  • Article   3.3 Regional Content Value 2
  • Article   3.4 Minimum Operations or Processes 2
  • Article   3.5 Intermediate Material 2
  • Article   3.6 Accumulation 2
  • Article   3.7 De Minimis 2
  • Article   3.9 Accessories, Spare Parts and Tools 2
  • Article   3.10 Sets or Assortments of Goods 2
  • Article   3.11 Retail Containers and Packaging Materials 2
  • Article   3.12 Containers and Packing Materials for Shipment 2
  • Article   3.13 Indirect Materials 2
  • Article   3.14 Direct Transport 2
  • Section   B Origin Procedures 3
  • Article   3.15 Proof of Origin 3
  • Article   3.16 Certificate of Origin 3
  • Article   3.17 Declaration of Origin 3
  • Article   3.18 Approved Exporter 3
  • Article   3.19 Notifications 3
  • Article   3.20 Electronic Certificate of Origin 3
  • Article   3.21 Obligations Relating to Imports 3
  • Article   3.22 Refund of Customs Duties 3
  • Article   3.23 Supporting Documents 3
  • Article   3.24 Preservation of Proofs of Origin and Supporting Documents 3
  • Article   3.25 Exceptions to the Proof of Origin Requirement 3
  • Article   3.26 Verification Process 3
  • Article   3.27 Measures to Guarantee the Fiscal Interest 3
  • Article   3.28 Sanctions 3
  • Article   3.29 Review and Appeal Appeals 3
  • Article   3.30 Confidentiality 3
  • Article   3.31 Invoicing by a Third Country 3
  • Article   3.32 Uniform Regulations 3
  • Article   3.33 Rules of Origin Committee 3
  • Article   3.34 Re-export Certificate 3
  • Article   3.35 Definitions 3
  • Chapter   4 Trade Facilitation and Customs Procedures 4
  • Article   4.1 Publication 4
  • Article   4.2 Clearance of Goods 4
  • Article   4.3 Automation 4
  • Article   4.4 Risk Administration or Management 4
  • Article   4.5 Transit of Goods 4
  • Article   4.6 Expedited Delivery Shipments 4
  • Article   4.7 Authorized Economic Operator 4
  • Article   4.8 Foreign Trade Single Window 4
  • Article   4.9 Review and Appeal 4
  • Article   4.10 Sanctions 4
  • Article   4.11 Early Resolutions 4
  • Article   4.12 Committee on Trade Facilitation and Customs Procedures 4
  • Chapter   5 Cooperation and Mutual Assistance In Customs Matters 4
  • Article   5.1 Scope 4
  • Article   5.2 Implementation 4
  • Article   5.3 Communication of Information 4
  • Article   5.4 Verification 4
  • Article   5.5 Cooperation and Technical Assistance 4
  • Article   5.6 Applications 4
  • Article   5.7 Execution of Applications 4
  • Article   5.8 Archives, Documents and other Materials 5
  • Article   5.9 Use of Information 5
  • Article   5.10 Confidentiality 5
  • Article   5.11 Costs 5
  • Article   5.12 Joint Cooperation 5
  • Article   5.13 Definitions 5
  • Chapter   6 Sanitary and Phytosanitary Measures 5
  • Article   6.1 Scope of Application 5
  • Article   6.2 Objectives 5
  • Article   6.3 Reaffirmation of the WTO SPS Agreement 5
  • Article   6.4 Rights and Obligations of the Parties 5
  • Article   6.5 Equivalence 5
  • Article   6.6 Risk Assessment and Determination of the Appropriate Level of SPS Protection 5
  • Article   6.7 Adaptation to Regional Conditions with Inclusion of Pest- or Disease-Free Areas and Areas of Low Pest or Disease Prevalence 5
  • Article   6.8 Inspection, Control and Approval 5
  • Article   6.9 Transparency 5
  • Article   6.10 Cooperation and Technical Assistance 5
  • Article   6.11 Committee on Sanitary and Phytosanitary Measures 5
  • Article   6.12 Settlement of Disputes 5
  • Article   6.13 Definitions 5
  • Chapter   7 Technical Barriers to Trade 5
  • Article   7.1 Scope of Application 5
  • Article   7.2 Objectives 5
  • Article   7.3 Reaffirmation of the WTO TBT Agreement 5
  • Article   7.4 Trade Facilitation 5
  • Article   7.5 Use of International Standards 5
  • Article   7.6 Technical Regulations 5
  • Article   7.7 Conformity Assessment 5
  • Article   7.8 Transparency 5
  • Article   7.9 Technical Cooperation 5
  • Article   7.10 Committee on Technical Barriers to Trade 5
  • Article   7.11 Exchange of Information 6
  • Article   7.12 Definitions 6
  • Chapter   8 Trade Defense 6
  • Section   A Bilateral Safeguard Measures 6
  • Article   8.1 Imposition of a Bilateral Safeguard Measure 6
  • Article   8.2 Standards for a Bilateral Safeguard Measure 6
  • Article   8.3 Investigation Procedures and Transparency Requirements 6
  • Article   8.4 Provisional Bilateral Safeguard Measures 6
  • Article   8.5 Notification and Consultation 6
  • Article   8.6 Compensation 6
  • Article   8.7 Definitions 6
  • Section   B Global Safeguarding Measures 6
  • Article   8.8 Global Safeguarding Measures 6
  • Section   C Antidumping and Countervailing Duties 6
  • Article   8.9 Antidumping and Countervailing Duties 6
  • Section   D Cooperation 6
  • Article   8.10 Cooperation 6
  • Chapter   9 Intellectual Property 6
  • Article   9.1 Basic Principles 6
  • Article   9.2 General Provisions 6
  • Article   9.3 Trademarks 6
  • Article   9.4 Geographical Indications 6
  • Article   9.5 Measures Related to the Protection of Biodiversity and Traditional Knowledge 6
  • Article   9.6 Copyright and Related Rights 6
  • Article   9.7 Enforcement 6
  • Article   9.8 Cooperation and Science and Technology 7
  • Chapter   10 Public Procurement 7
  • Article   10.1 Scope of Application 7
  • Article   10.2 Safety and General Exceptions 7
  • Article   10.3 General Principles 7
  • Article   10.4 Use of Electronic Means In Public Procurement 7
  • Article   10.5 Publication of Procurement Information Each Part: 7
  • Article   10.6 Publication of Notices Notice of Future Engagement 7
  • Article   10.7 Conditions for Participation 7
  • Article   10.8 Information on Future Procurements 7
  • Article   10.9 Deadlines 7
  • Article   10.10 Procurement Procedures 8
  • Article   10.11 Electronic Auctions 8
  • Article   10.12 Opening of Bids and Award of Contracts 8
  • Article   10.13 Transparency of Procurement Information 8
  • Article   10.14 Disclosure of Information 8
  • Article   10.15 National Review Procedures for the Filing of Appeals 8
  • Article   10.16 Modifications and Amendments to Coverage 8
  • Article   10.17 Integrity In Procurement Practices 8
  • Article   10.18 Additional Negotiations 8
  • Article   10.19 Participation of Micro, Small and Medium-Sized Enterprises 8
  • Article   10.20 Cooperation 8
  • Article   10.21 Public Procurement Committee 8
  • Chapter   11 Competition Policy 8
  • Article   11.1 Objectives 8
  • Article   11.2 Legislation and Competent Authorities 8
  • Article   11.3 Cooperation 8
  • Article   11.4 Notifications 8
  • Article   11.5 Exchange of Information 8
  • Article   11.6 Consultations 8
  • Article   11.7 Settlement of Disputes 9
  • Chapter   12 Investment 9
  • Section   A Substantive Obligations 9
  • Article   12.1 Scope of Application and Coverage (1) 9
  • Article   12.2 National Treatment 9
  • Article   12.3 Most-Favored-Nation Treatment 9
  • Article   12.4 Minimum Standard of Treatment (2) 9
  • Article   12.5 Senior Management and Boards of Directors 9
  • Article   12.6 Performance Requirements 9
  • Article   12.7 Nonconforming Measures 9
  • Article   12.8 Environmental Measures 9
  • Article   12.9 Treatment In the Event of a Dispute 9
  • Article   12.10 Expropriation and Compensation€ (7) 9
  • Article   12.11 Transfers 9
  • Article   12.12 Denial of Benefits 9
  • Article   12.13 Special Formalities and Information Requirements 9
  • Article   12.14 Subrogation 9
  • Section   B Investor - State Dispute Settlement 9
  • Article   12.15 Consultations and Negotiation 9
  • Article   12.16 Submission of a Claim to Arbitration 9
  • Article   12.17 Consent of Each Party to Arbitration 10
  • Article   12.18 Conditions and Limitations on Consent of Each Party 10
  • Article   12.19 Procedure Regarding Prudential Measures 10
  • Article   12.20 Selection of Arbitrators 10
  • Article   12.21 Conduct of the Arbitration 10
  • Article   12.22 Transparency In Arbitration Proceedings 10
  • Article   12.23 Applicable Law 10
  • Article   12.24 Interpretation of Annexes 10
  • Article   12.25 Expert Reports 10
  • Article   12.26 Consolidation of Proceedings 10
  • Article   12.27 Awards 10
  • Article   12.28 Finality and Enforcement of an Award 10
  • Article   12.29 Delivery of Documents 10
  • Section   C Definitions 10
  • Article   12.30 Definitions 10
  • Annex 12.4   Customary International Law 11
  • Annex 12.10   Expropriation 11
  • Annex 12.15   Delivery of Documents to a Party under Section B (Investor - State Dispute Settlement) 11
  • Annex 12.21   Communications from Non-Disputing Parties 11
  • Chapter   13 Cross-Border Trade In Services 11
  • Article   13.1 Scope of Application 11
  • Article   13.2 Subsidies 11
  • Article   13.3 National Treatment 11
  • Article   13.4 Most-Favored-Nation Treatment 11
  • Article   13.5 Market Access 11
  • Article   13.6 Local Presence 11
  • Article   13.7 Nonconforming Measures 11
  • Article   13.8 Notification (5) 11
  • Article   13.9 Transparency In the Development and Application of the Regulations (6) 11
  • Article   13.10 National Regulations 11
  • Article   13.11 Mutual Recognition 11
  • Article   13.12 Transfers and Payments 12
  • Article   13.13 Denial of Benefits 12
  • Article   13.14 Implementation 12
  • Article   13.15 Definitions 12
  • Annex 13.11  Professional Services 12
  • Chapter   14 Temporary Entry of Business Persons 12
  • Article   14.1 General Principles 12
  • Article   14.2 General Obligations 12
  • Article   14.3 Temporary Entry Authorization 12
  • Article   14.4 Exchange of Information 12
  • Article   14.5 Committee on Temporary Entry of Business Persons 12
  • Article   14.6 Cooperation 12
  • Article   14.7 Settlement of Disputes 12
  • Article   14.8 Relationship to other Chapters 12
  • Article   14.9 Transparency In the Processing of Applications 12
  • Article   14.10 Definitions 12
  • Annex 14.3.1  Categories of Business Persons 12
  • Section   A Business Visitors 12
  • Appendix 1  Business Visitors 12
  • Section   B Merchants and Investors 13
  • Section   C Transfers of Personnel Within an Enterprise 13
  • Annex 14.3.2  Permanency Periods 13
  • Section   A Costa Rica 13
  • Section   B Peru 13
  • Chapter   15 Dispute Resolution 13
  • Article   15.1 Cooperation 13
  • Article   15.2 Scope of Application 13
  • Article   15.3 Election of the Forum 13
  • Article   15.4 Consultations 13
  • Article   15.5 Establishment of a Panel 13
  • Article   15.7 Selection of the Panel 13
  • Article   15.8 Rules of Procedure 13
  • Article   15.9 Report of the Panel 13
  • Article   15.10 Compliance with the Report 13
  • Article   15.11 Noncompliance - Suspension of Benefits 13
  • Article   15.12 Compliance Review and Suspension of Benefits 13
  • Article   15.13 Matters Relating to Judicial and Administrative Proceedings 13
  • Article   15.14 Rights of Individuals 13
  • Article   15.15 Alternative Means of Dispute Resolution 13
  • Article   15.16 Suspension and Tennination of Proceedings 13
  • Chapter   16 Transparency 13
  • Article   16.1 Points of Contact 13
  • Article   16.2 Publication 14
  • Article   16.3 Provision of Information 14
  • Article   16.4 Administrative Procedures 14
  • Article   16.5 Review and Challenge 14
  • Article   16.6 Specific Rules 14
  • Article   16.7 Definitions 14
  • Chapter   17 Administration of the Treaty 14
  • Article   17.1 The Free Trade Commission 14
  • Article   17.2 Free Trade Agreement Coordinators 14
  • Article   17.3 Administration of the Dispute Resolution Procedures 14
  • Annex 17.1  The Free Trade Commission 14
  • Annex 17.1.3(b)   Implementation of the Modifications Approved by the Free Trade Commission 14
  • Annex 17.2   Free Trade Agreement Coordinators 14
  • Chapter   18 Exceptions 14
  • Article   18.1 General Exceptions 14
  • Article   18.2 Essential Safety 14
  • Article   18.3 Taxation 14
  • Article   18.4 Disclosure of Information 14
  • Article   18.5 Measures to Safeguard the Balance of Payments 14
  • Chapter   19 Final Provisions 14
  • Article   19.1 Annexes, Appendices and Footnotes 14
  • Article   19.2 Amendments 14
  • Article   19.3 Amendments to the Agreement on the WTO 14
  • Article   19.4 Reservations and Interpretative Statements 14
  • Article   19.5 Entry Into Force 14
  • Article   19.6 Denunciation 14
  • Annex I   Nonconforming Measures 14
  • Annex I   Explanatory Note 14
  • Annex I   Schedule of Costa Rica 15
  • Annex I   Schedule of Peru 17
  • Annex II   Nonconforming Measures 19
  • Annex II   Explanatory Note 19
  • Annex II   Schedule of Costa Rica 19
  • Annex II   Schedule of Peru 20