Costa Rica - Peru FTA (2011)
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5. If the requested administration does not have the requested information, it shall, in accordance with its national law and available resources, exhaust all possibilities and make every effort, as provided in paragraph 1.

Article 5.8. Archives, Documents and other Materials

1. Upon request, the requested administration may certify copies of the requested documents, in case it cannot provide the originals when its national legislation prevents it from doing so.

2. Any information to be exchanged under this Chapter may be accompanied by additional information that is relevant to its interpretation or use.

Article 5.9. Use of Information

The information, documents and other materials received under this Chapter shall be used only for the purposes set forth in this Chapter, and subject to such restrictions as may be established by the required administration, consistent with the provisions of this Chapter.

Article 5.10. Confidentiality

1. If requested by the requested administration, information, documents and other materials obtained by the requesting administration in the course of mutual assistance under this Chapter shall be treated as confidential. In this case, they shall be accorded the same protection with respect to confidentiality that applies to the same type of information, documents, and other materials in the territory of the Party of the requesting administration.

2. Said information shall be used or disclosed only for the purposes set forth in this Chapter, including in those cases in which it is required within the framework of administrative, judicial or investigative processes carried out by the competent authority or whoever corresponds. The information may be used or disclosed for other purposes or by other authorities, only in the event that the requested administration expressly authorizes it in writing.

Article 5.11. Costs

1. The competent authorities shall waive any claim for reimbursement of costs and/or expenses incurred in the execution of the requests provided for in this Chapter, except those related to experts, which shall be bome by the requesting administration.

2. Should it be necessary to incur costs and/or expenses of a considerable or extraordinary nature in order to execute the request, the competent authorities shall consult on the terms and conditions under which the request will be executed, as well as the manner in which these will be assumed.

Article 5.12. Joint Cooperation

1. The Parties shall promote joint cooperation for the development, application, implementation and improvement of all matters related to this Chapter, in particular, customs procedures, customs valuation, customs regimes, tariff nomenclature, and matters relating to free zones or special economic zones, as well as provide a forum for consultation and discussion on such matters.

2. A Party may request all records and documents relating to a good and/or a joint visit to a free zone or special economic zone, if it becomes aware that a good for which an importer in its territory has claimed preferential tariff treatment under another trade agreement has undergone further processing or other operations other than unloading, reloading or other operations necessary for the preservation of the good in good condition or transport to the territory of such Party, during transit, tansshipment or storage in such free zone or special economic zone.

Article 5.13. Definitions

For the purposes of this Chapter:

requested administration means the competent authority from which cooperation or assistance is requested; requesting administration means the competent authority requesting cooperation or assistance; competent authority means:

(a) for the case of Costa Rica: the National Customs Service; and

(b) in the case of Peru: the Ministry of Foreign Trade and Tourism (MINCETUR) and/or the National Superintendency of Tax Administration (SUNAT),

or their successors;

unlawful and customs infringement means any non-compliance or attempted non-compliance with the customs legislation of each Party, which may be administrative, tax or criminal;

information means documents, reports or other communications in any format, including electronic, as well as certified or authenticated copies thereof, and

customs legislation means any legal provision administered, applied or enforced by the customs authority of each Party, including that which regulates the exit, entry or transit of goods in all or part of its territory, free zones or special economic zones, regardless of the name by which each Party designates such zones.

Chapter 6. Sanitary and Phytosanitary Measures

Article 6.1. Scope of Application

This Chapter applies to all sanitary and phytosanitary measures that may directly or indirectly affect trade between the Parties, including food safety, the exchange of animals, animal products and by-products, plants, plant products and by-products in accordance with the WTO SPS Agreement, the Codex Alimentarius Commission, the World Organization for Animal Health (hereinafter OIE) and the Internationa! Plant Protection Convention (hereinafter IPPC).

Article 6.2. Objectives

The objectives of this Chapter are: to protect human, animal and plant life and health in the territories of the Parties, to facilitate and increase trade between the Parties by addressing and resolving problems arising from the application of sanitary and phytosanitary measures, to collaborate in the further implementation of the WTO SPS Agreement and to create a Committee to address in a transparent manner issues related to sanitary and phytosanitary measures and to promote the continuous improvement of the sanitary and phytosanitary situation of the Parties.

Article 6.3. Reaffirmation of the WTO SPS Agreement

The Parties reaffirm their existing rights and obligations under the WTO SPS Agreement.

Article 6.4. Rights and Obligations of the Parties

1. The Parties may adopt, maintain or apply their sanitary or phytosanitary measures to achieve an appropriate level of sanitary or phytosanitary protection provided that they are based on scientific principles.

2. The Parties may establish, apply or maintain sanitary or phytosanitary measures with a higher level of protection than that which would be achieved by the application of a measure based on an intemational standard, guideline or recommendation, provided that there is scientific justification for doing so.

3. The Parties shall ensure that their sanitary and phytosanitary measures do not constitute a disguised restriction on trade or create unnecessary barriers to trade.

Article 6.5. Equivalence

1. The recognition of equivalence of sanitary and phytosanitary measures may be given considering the standards, guidelines and recommendations established by the competent intemational organizations and the decisions adopted by the Committee on Sanitary and Phytosanitary Measures of the WTO on the matter.

2. A Party shall accept as equivalent the sanitary or phytosanitary measures of the other Party, even if they differ from its own, provided that they are shown to achieve the other Party's appropriate level of protection, in which case reasonable access for inspections, tests and other necessary procedures shall be provided.

3. The Parties in the Committee established in Article 6.11 shall define the mechanisms for evaluating and, if necessary, accepting the equivalence of sanitary and phytosanitary measures.

Article 6.6. Risk Assessment and Determination of the Appropriate Level of SPS Protection

1. The sanitary and phytosanitary measures applied by the Parties shall be based on an assessment appropriate to the circumstances of the risks to human, animal or plant life or health, including products and by- products, taking into account the relevant standards, guidelines and recommendations of the competent international organizations.

2. The establishment of appropriate levels of protection shall take into account the objective of protecting human, animal and plant health, while facilitating trade by avoiding arbitrary or unjustified distinctions that could become disguised restrictions.

3. The Parties shall provide each other with the necessary facilities for the evaluation, when required, of sanitary and phytosanitary services, based on the guidelines and recommendations of international organizations or other procedures mutually agreed upon by the Parties.

4. In this regard, the Parties agree to instruct the Committee established in Article 6.11 to determine the actions and procedures to expedite the process of sanitary and phytosanitary risk assessment.

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

1. In assessing the sanitary or phytosanitary characteristics of a region, the Parties shall take into account, inter alia, the level of prevalence of specific diseases or pests, the existence of eradication or control programs, and appropriate criteria or guidelines that may be developed by competent international organizations.

2. Parties shall recognize pest- or disease-free areas and areas of low pest or disease prevalence in accordance with the WTO SPS Agreement, OIE and IPPC recommendations and/or guidelines.

3. In determining such areas, the Parties shall consider factors such as geographic location, ecosystems, epidemiological surveillance, and effectiveness of sanitary and phytosanitary controls, among other technically and scientifically justified considerations, which provide the necessary evidence to objectively demonstrate to the other Party that such areas are and are likely to remain pest or disease free areas or areas of low prevalence. For this purpose, reasonable access shall be provided, upon request to the other Party, for inspection, testing and other relevant procedures.

4. The Parties recognize the recommendations expressed in the standards on compartmentalization established by the OIE.

5. The Committee established in Article 6.11 shall develop an appropriate procedure for the recognition of pest or disease free areas and areas of low prevalence, taking into account intemational standards, guidelines or recommendations.

6. If a Party does not recognize the determination of pest- or disease-free areas or areas of low pest or disease prevalence made by the other Party, it shall justify the technical and scientific reasons for such refusal in a timely manner.

Article 6.8. Inspection, Control and Approval

The Parties shall establish inspection, control and approval procedures taking into consideration Article 8 and Annex C of the WTO SPS Agreement.

Article 6.9. Transparency

1. The Parties shall apply sanitary and phytosanitary measures in a transparent manner. For these purposes, the Parties shall notify each other of such measures in accordance with Annex B of the WTO SPS Agreement.

2. Additionally, the Parties shall notify each other:

(a) the application of emergency measures or modification of measures already in force within a period not exceeding three (3) days, in accordance with the provisions of Annex B of the WTO SPS Agreement, as well as health alert situations regarding the control of food traded between the Parties, in which a risk to human health associated with its consumption is detected, in accordance with the corresponding sanitary standard of the Codex Alimentarius in force at the time;

(b) situations of non-compliance with measures detected in the certifications of export products subject to the application of sanitary and phytosanitary measures, including as much information as possible, as well as the reasons for their rejection;

(c) cases of exotic or unusually occurring pests or diseases; and

({d) updated information at the request of a Party, of the requirements that apply to the importation of specific products, and to report on the status of the processes and measures in process, with respect to requests for access of animal, plant, forestry, fishery and other related products to the WTO SPS Agreement by the exporting Party.

3. Likewise, the Parties shall make their best efforts to improve mutual understanding of sanitary and phytosanitary measures and their application, and shall exchange information on matters related to the development and application of sanitary and phytosanitary measures, which affect or may affect trade between the Parties, with a view to minimizing their negative effects on trade.

4. Notifications shall be made in writing to the contact points established in accordance with the WTO SPS Agreement. Written notification shall be understood to mean notifications by post, fax or e-mail.

Article 6.10. Cooperation and Technical Assistance

1. The Parties agree to cooperate and provide each other with the necessary technical assistance for the implementation of this Chapter.

2. The Parties shall develop through the Committee established in Article 6.11 a work program, including the identification of cooperation and technical assistance needs to establish and/or strengthen the capacity of the Parties in human health, animal health, plant health and food safety of common interest.

Article 6.11. Committee on Sanitary and Phytosanitary Measures

1. The Parties establish a Committee on Sanitary and Phytosanitary Measures (hereinafter the Committee), composed of representatives of each Party with responsibilities in this area, in accordance with Annex 6.11, as a forum to ensure and monitor the implementation and administration of this Chapter, as well as to address and attempt to resolve problems that arise in trade in goods subject to the application of sanitary and phytosanitary measures.

2. The Committee may establish working groups on sanitary and phytosanitary matters as it deems appropriate. 3. The functions of the Committee shall include:

(a) monitor the implementation and administration of this Chapter,

(b) report to the Commission on the implementation and administration of this Chapter, as appropriate;

(c) serve as a forum to consult, discuss and attempt to resolve problems related to the development or application of sanitary or phytosanitary measures that affect or may affect trade between the Parties;

(d) contribute to trade facilitation through the timely handling of consultations on problems related to the implementation of this Chapter,

(e) improve any present or future relationship between the offices responsible for the application of sanitary and phytosanitary measures of the Parties;

(f) contribute to mutual understanding of the Parties' sanitary and phytosanitary measures, their implementation processes, and related domestic regulations;

(g) detect and promote cooperation, technical assistance, training and exchange of information on sanitary and phytosanitary measures;

(h) Establish procedures for the recognition of pest or disease free zones, areas or compartments;

(i) define the mechanisms or procedures for the recognition of equivalence of sanitary and phytosanitary measures, as well as determine the procedures and deadlines for risk evaluations in an agile and transparent manner;

(j) consult on the position of the Parties on issues to be discussed at meetings of the WTO Committee on Sanitary and Phytosanitary Measures, Codex Alimentarius committees and other fora to which the Parties are party; and

(k) to deal with any other matter related to this Chapter.

4. Unless otherwise agreed by the Parties, the Committee shall meet at least once (1) a year, on the date and according to the agenda previously agreed by the Parties. The Parties shall determine those cases in which extraordinary meetings may be held.

5. Meetings may be held by any means agreed upon by the Parties. When they are face-to-face, they shall be held alternately in the territory of each Party, and it shall be the responsibility of the host Party to organize the meeting. The first meeting of the Committee shall be held no later than one (1) year after the date of entry into force of this Agreement.

6. Unless otherwise agreed by the Parties, the Committee shall be of a permanent nature and shall develop its working rules.

7. All decisions of the Committee shall be made by mutual agreement.

Article 6.12. Settlement of Disputes

Once the consultation procedure under Article 6.11.3(c) has been exhausted, a Party that is not satisfied with the outcome of such consultations may have recourse to the dispute settlement procedure set forth in Chapter 15 (Dispute Settlement).

Article 6.13. Definitions

For the purposes of this Chapter, the definitions and glossaries of Annex A of the WTO SPS Agreement and of the international reference bodies shall apply.

Chapter 7. Technical Barriers to Trade

Article 7.1. Scope of Application

1. This Chapter applies to the preparation, adoption and application of all standards, technical regulations and conformity assessment procedures, including those relating to metrology, of each Party that may directly or indirectly affect trade in goods.

2. Notwithstanding the provisions of paragraph 1, this Chapter does not apply to:

(a) sanitary and phytosanitary measures, which shall be covered by Chapter 6 (Sanitary and Phytosanitary Measures); and

(b) purchasing specifications established by governmental institutions for the production or consumption needs of govermmental institutions, which shall be governed by Chapter 10 (Government Procurement).

Article 7.2. Objectives

The objective of this Chapter is to facilitate and increase trade in goods by identifying, avoiding and eliminating unnecessary obstacles to trade between the Parties that may arise as a result of the preparation, adoption and application of technical regulations, standards and conformity assessment procedures, including those relating to metrology, and the promotion of joint cooperation between the Parties, within the terms of the WTO TBT Agreement.

Article 7.3. Reaffirmation of the WTO TBT Agreement

The Parties reaffirm their existing rights and obligations with respect to each other under the WTO TBT Agreement, which are incorporated into this Chapter, mutatis mutandis.

Article 7.4. Trade Facilitation

1. The Parties shall intensify their joint work in the field of standards, technical regulations and conformity assessment procedures, with a view to facilitating trade between the Parties. In particular, the Parties shall seek to identify, develop and promote trade facilitating initiatives relating to standards, technical regulations and conformity assessment procedures that are appropriate to particular issues or sectors, taking into account the Parties’ respective experience in other appropriate bilateral, regional or multilateral agreements.

2. The initiatives referred to in paragraph 1 may include cooperation on regulatory matters, such as convergence or harmonization with intemational standards, reliance on a supplier's declaration of conformity, recognition and acceptance of the results of conformity assessment procedures and the use of accreditation to qualify conformity assessment bodies, as well as cooperation through mutual recognition agreements.

3. When a Party detains at the port of entry a good originating in the territory of the other Party by virtue of a perceived non-compliance with a technical regulation, it shall immediately notify the importer of the reasons for the detention.

Article 7.5. Use of International Standards

1. Each Party shall use relevant intemational standards, guides and recommendations as provided for in Articles 2.4 and 5.4 of the WTO TBT Agreement as the basis for its technical regulations and conformity assessment procedures.

2. In determining whether an intemational standard, guide or recommendation within the meaning of Article 2, Article 5 and Annex 3 of the WTO TBT Agreement exists, each Party shall apply the principles set out in the Decisions and Recommendations adopted by the WTO Committee on Technical Barriers to Trade (hereinafter WTO TBT Committee) since 1 January 1995, G/TBT/1/Rev.9, 08 September 2008 issued by the WTO TBT Committee.

3. Each Party shall encourage its national standardizing bodies to cooperate with the relevant national standardizing bodies of the other Party in intemational standardization activities. Such cooperation may be effected through the activities of the Parties in regional and international standardizing bodies of which the Parties are members.

Article 7.6. Technical Regulations

1. Each Party shall favorably consider accepting as equivalent the technical regulations of the other Party, even if they differ from its own, provided that it is satisfied that they adequately fulfill the legitimate objectives of its own technical regulations.

2. When a Party does not accept a technical regulation of the other Party as equivalent to one of its own, it shall, at the request of the other Party, explain the reasons for its decision.

3. At the request of a Party that has an interest in developing a technical regulation similar to the technical regulation of the other Party and to minimize duplication of costs, the other Party shall provide any available information, studies or other relevant documents on which it has based the development of that technical regulation, except for confidential information.

Article 7.7. Conformity Assessment

1. The Parties recognize that a wide range of mechanisms exist to facilitate the acceptance in the territory of one Party of the results of conformity assessment procedures carried out in the territory of the other Party, for example:

(a) the importing Party's reliance on a supplier's declaration of conformity,

(b) voluntary agreements between conformity assessment bodies in the territory of the Parties;

(c) agreements on mutual acceptance of the results of conformity assessment procedures with respect to specific regulations, carried out by bodies located in the territory of the other Party,

(d) accreditation procedures to qualify conformity assessment bodies;

(e) the designation of conformity assessment bodies; and

(f) the recognition by a Party of the results of conformity assessment procedures carried out in the territory of the other Party.

The Parties shall intensify the exchange of information in relation to these and similar mechanisms to facilitate the acceptance of results of conformity assessment procedures.

2. In the event that a Party does not accept the results of a conformity assessment procedure carried out in the territory of the other Party, the latter shall, at the request of that other Party, explain the reasons for its decision.

3. Each Party shall accredit, license or otherwise recognize conformity assessment bodies in the territory of the other Party on terms no less favorable than those accorded to conformity assessment bodies in its territory. If a Party accredits, authorizes or otherwise recognizes a body that assesses conformity to a specific standard or technical regulation in its territory, it shall recognize conformity assessment bodies in its territory on terms no less favorable than those accorded to conformity assessment bodies in its territory and refuses to accredit, license or otherwise recognize a body assessing conformity with the same standard or technical regulation in the territory of the other Party, it shall, upon request of that other Party, explain the reasons for its decision.

4. The Parties may enter into negotiations aimed at the conclusion of agreements on mutual recognition of the results of their respective conformity assessment procedures, following the principles of the WTO TBT Agreement. In the event that a Party does not agree to enter into such negotiations, it shall, at the request of that other Party, explain the reasons for its decision.

Article 7.8. Transparency

1. Each Party shall notify the other Party electronically through the contact points established under Article 10 of the WTO TBT Agreement, at the same time as it submits its notification to the WTO central notification registry in accordance with the WTO TBT Agreement:

(a) its draft technical regulations and conformity assessment procedures; and

(b) technical regulations and conformity assessment procedures adopted to address urgent safety, health, environmental protection or national security problems that arise or threaten to arise under the terms of the WTO TBT Agreement.

2. Each Party shall publish on the website of the competent national authority those technical regulations and conformity assessment procedures that are consistent with the technical content of any relevant intemational standard. This publication shall remain available to the public as long as such technical regulations and conformity assessment procedures are in force.

3. Each Party shall allow a period of at least sixty (60) days from the date of the notification referred to in subparagraph 1(a) for the other Party and interested persons to provide written comments on the proposal. A Party shall give favorable consideration to reasonable requests for an extension of the time period for comment.

4. Each Party shall publish or make publicly available, either in printed or electronic form, its responses to significant comments it receives from interested persons or from the other Party in accordance with paragraph 3 no later than the date on which it publishes the final version of the technical regulation or conformity assessment procedure.

5. The notification of draft technical regulations and conformity assessment procedures shall include an electronic link to, or a copy of, the full text of the notified document.

6. A Party shall, upon request of the other Party, provide information on the objective and basis of the technical regulation or conformity assessment procedure that such Party has adopted or proposes to adopt.

7. The Parties agree that the period between publication and entry into force of technical regulations and conformity assessment procedures shall not be less than six (6) months, unless it is impracticable to meet their legitimate objectives within that period. The Parties shall give favorable consideration to reasonable requests for extension of the time period.

8. The Parties shall ensure that all technical regulations and conformity assessment procedures adopted and in force are publicly available on a free official website, in such a way that they are easy to locate and access.

9. Each Party shall implement the provisions of paragraph 4 as soon as possible and in no case later than three (3) years after the entry into force of this Agreement.

Article 7.9. Technical Cooperation

1. At the request of a Party, the other Party shall give favorable consideration to any sector-specific proposal that the requesting Party makes to encourage further cooperation under this Chapter.

2. The Parties agree to cooperate and to provide technical assistance in the field of standards, technical regulations and conformity assessment procedures, including metrology, with a view to facilitating access to their markets. In particular, the Parties shall consider the following activities, among others:

(a) to promote the application of this Chapter,

(b) to promote the implementation of the WTO TBT Agreement;

(c) strengthen the capacities of their respective standardization, technical regulation, conformity assessment, metrology, and information and notification systems under the WTO TBT Agreement, including human resources education and training; and

(d) increase participation in international organizations, including those of a regional nature, related to standardization, technical regulation, conformity assessment and metrology.

Article 7.10. Committee on Technical Barriers to Trade

1. The Parties establish a Committee on Technical Barriers to Trade (hereinafter the Committee), composed of representatives of each Party in accordance with Annex 7.10.

2. The functions of the Committee shall include:

(a) monitor the implementation and administration of this Chapter,

(b) report to the Commission on the implementation and administration of this Chapter, as appropriate;

(c) promptly deal with matters that a Party proposes with respect to the development, adoption, application or enforcement of standards, technical regulations, or conformity assessment procedures;

(d) encourage joint cooperation of the Parties in the development and improvement of standards, technical regulations and conformity assessment procedures, including metrology;

(e) as appropriate, facilitate sectoral cooperation between governmental and non-governmental bodies on standards, technical regulations and conformity assessment procedures, including metrology, in the territories of the Parties;

(f) exchange information about the work being caried out in non-govemmental, regional and multilateral fora involved in activities related to standards, technical regulations and conformity assessment procedures;

(g) at the request of a Party, resolve consultations on any matter arising under this Chapter,

  • 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