Costa Rica - Peru FTA (2011)
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3. Each Party shall provide that any right holder initiating the procedure provided for in paragraph 2 shall be required to present adequate evidence to demonstrate to the satisfaction of the competent authorities that, under the law of the country of importation, there is a presumption of infringement of the right holder's intellectual property right and to provide sufficient information on the goods that is reasonably known to the right holder so that the goods may be readily recognizable by its competent authorities. The requirement to provide sufficient information shall not unreasonably deter recourse to such procedures.

4. Each Party shall provide that the competent authorities shall have the authority to require the right holder, who initiates the proceedings referred to in paragraph 2, to provide a bond or equivalent security sufficient to protect the defendant and the competent authorities and to prevent abuse. The bond or equivalent security shall not unduly deter access to such proceedings.

5. Where its competent authorities determine that the goods are counterfeit or pirated, the Party shall empower its competent authorities to inform the right holder of the name and address of the consignor, importer and consignee, as well as the quantity of the goods in question.

6. Each Party shall provide that the competent authorities shall be empowered to initiate border measures ex Officio, without the need for a formal request from the right holder or a third party, when there are reasons to believe or suspect that the goods being imported, exported or in transit are counterfeit or pirated.

(4) For the purposes of paragraphs 2 through 6: (a) counterfeit trademark goods means any goods, including their packaging, which bear, without authorization, a trademark identical to the trademark validly registered for such goods, or which is indistinguishable in its essential aspects from such trademark, and which thereby violates the rights granted by the legislation of the country of importation to the owner of the trademark concerned; and (b) pirated copyright infringing goods means any copies made without the consent of the right holder or of a person duly authorized by him in the country of production and which are made directly or indirectly from an article where the making of such a copy would have constituted an infringement of copyright or a related right under the law of the country of importation.

Article 9.8. Cooperation and Science and Technology

1. The Parties shall exchange information and material in education and dissemination projects regarding the use of intellectual property rights, in accordance with their national laws, regulations and policies, with a view to:

(a) improve and strengthen intellectual property administrative systems to promote the efficient registration of intellectual property rights;

(b) stimulate the creation and development of intellectual property within the territory of the Parties, particularly for small inventors and creators, as well as micro, small and medium-sized enterprises;

(c) promoting dialogue and cooperation in relation to science, technology, entrepreneurship and innovation; and

(d) other matters of mutual interest regarding intellectual property rights.

2. The Parties recognize the importance of promoting research, technological development, entrepreneurship and innovation, as well as the importance of disseminating technological information and building and strengthening their technological capabilities; to this end, they shall cooperate in these areas taking into consideration their resources.

3. The Parties shall encourage the establishment of incentives for research, innovation, entrepreneurship, transfer and dissemination of technology between the Parties, aimed, among others, at companies, universities, research centers and technology centers.

4. Cooperative activities in science and technology may take, among others, the following forms:

(a) participation in joint education, research, technological development and innovation projects;

(b) visits and exchanges of scientists and technical experts, as well as public, academic or private specialists;

(c) joint organization of seminars, congresses, workshops and scientific symposia, as well as participation of experts in these activities;

(d) promotion of scientific networks and training of researchers;

(e) concerted actions for the dissemination of results and the exchange of experiences on joint science and technology projects and for their coordination;

(f) exchange and loan of equipment and materials, including sharing of advanced equipment,

(g) exchange of information on procedures, laws, regulations and programs related to cooperative activities carried out pursuant to this Agreement, including information on science and technology policy; and

(h) any other modality agreed upon by the Parties.

5. Likewise, the Parties may cary out cooperative activities regarding the exchange of:

(a) information and expertise on the legislative processes and legal frameworks related to intellectual property rights and the relevant regulations for protection and enforcement,

(b) experiences on the enforcement of intellectual property rights;

(c) personnel and training of the same in the offices related to intellectual property rights; (d) information and institutional cooperation on intellectual property policies and developments;

(e) information and experience on policies and practices to promote the development of the handicrafts sector; and

(f) experience in intellectual property management and knowledge management in higher education institutions and research centers.

6. Each Party designates as contact entities responsible for the fulfillment of the objectives of this Article, and for facilitating the development of collaboration and cooperation projects in research, innovation and technological development, the following:

(a) Costa Rica: the Ministry of Foreign Trade, in coordination with the Ministry of Justice and Peace and the Ministry of Science and Technology; and

(b) Peru: the National Council for Science, Technology and Technological Innovation (CONCYTEC), or its successors.

Chapter 10. Public Procurement

Article 10.1. Scope of Application

Application of the Chapter

1. This Chapter applies to any measure adopted by a Party relating to covered procurement.

2. For the purposes of this Chapter, covered procurement means a procurement of goods, services or both:

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

(b) The Company's financial statements are presented on the basis of the information contained in the accompanying notes to the consolidated financial statements and are included in the accompanying consolidated financial statements;

(c) for which the value, as estimated in accordance with paragraph 4, equals or exceeds the corresponding threshold value stipulated in Annex 10.1 (Coverage Annex);

(d) carried out by a contracting entity; and

(e) that is not expressly excluded from coverage.

3. This Chapter does not apply to:

(a) non-contractual arrangements or any form of assistance that a Party, including its contracting entities, provides, including cooperation agreements, grants, loans, subsidies, capital transfers, guarantees and tax incentives;

(b) the contracting or procurement of fiscal agency services or depository services, settlement and administration services for regulated financial institutions, or services related to the sale, redemption, and distribution of public debt, including government loans and bonds and other securities. For greater certainty, this Chapter does not apply to the procurement of banking, financial or specialized services relating to the following activities:

(i) public indebtedness; or

(ii) public debt management,

(c) procurement financed through grants, loans or other forms of international assistance;

(d) hiring of public employees and employment-related measures;

(e) procurement by a governmental entity or enterprise from another governmental entity or enterprise of that Party;

(f) the acquisition or lease of land, existing real estate or other real property or rights thereon;

(g) purchases made under exceptionally favorable conditions that only occur for a very short period of time, such as extraordinary disposals made by companies that are not normally suppliers or the disposal of assets of companies in liquidation or under judicial administration. For purposes of this subparagraph, the provisions of Article 10.10.3 shall apply; and

(h) contracts entered into for the specific purpose of providing assistance to foreign countries.

Valuation

4. In estimating the value of a procurement for the purpose of determining whether itis a covered procurement, a procuring entity:

(a) shall not divide a procurement into separate procurements, or use a particular method for estimating the value of the procurement for the purpose of evading the application of this Chapter,

(b) shall take into account all forms of remuneration, including premiums, fees, dues, fees, commissions, interest, other revenue streams that may be stipulated in the procurement, and where the procurement provides for the possibility of option clauses, the total maximum value of the procurement, including optional purchases; and

(c) shall, where the procurements to be conducted in multiple parts, and results in the award of contracts at the same time or over a given period to one or more suppliers, base its calculation on the total maximum value of the procurement over the entire period of its validity.

5. No procuring entity may prepare, design, structure or divide a public procurement for the purpose of evading the obligations of this Chapter.

6. Nothing in this Chapter shall prevent a Party from developing new procurement policies, procedures or contractual means, provided that they are consistent with this Chapter.

Article 10.2. Safety and General Exceptions

1. Nothing in this Chapter shall be construed to prevent a Party from taking any action or refraining from disclosing any information deemed necessary for the protection of its essential national security interests or for national defense.

2. Nothing in this Chapter shall be construed to prevent a Party from adopting or maintaining the measures:

(a) necessary to protect public morals, order or safety;

(b) necessary to protect human, animal or plant life or health;

(c) necessary to protect intellectual property; or

(d) related to the goods or services of disabled persons, charitable institutions or prison labor,

provided that such measures are not applied in a discriminatory manner or constitute a disguised restriction on trade.

3. The Parties understand that subparagraph 2(b) includes environmental measures necessary to protect human, animal or plant life or health.

Article 10.3. General Principles

National Treatment and Non-Discrimination

1. With respect to any measure covered by this Chapter, each Party shall accord immediately and unconditionally to goods and services of the other Party, and to suppliers of the other Party offering such goods or services, treatment no less favorable than the most favorable treatment accorded by that Party to its own goods, services and suppliers.

2. With respect to any measure covered by this Chapter, a Party may not:

(a) treat a locally established supplier less favorably than another locally established supplier because of its degree of foreign affiliation or ownership; or

(b) discriminate against a locally established supplier on the basis that the goods or services offered by that supplier for a particular procurement are goods or services of the other Party.

Use of Electronic Media

3. When covered procurement is conducted through electronic means, a procuring entity shall:

{a) ensuring that procurement is conducted using information technology systems and software, including those related to authentication and cryptographic encryption of information, that are generally accessible and compatible with other generally accessible information technology systems and software; and

(b) maintain mechanisms to ensure the integrity of requests for participation and bids, including determining the time of receipt and preventing inappropriate access.

Execution of Public Procurement

4. A procuring entity shall conduct covered procurement in a transparent and impartial manner, such that:

(a) is consistent with this Chapter,

(b) avoid conflicts of interest, and

(c) prevent corrupt practices.

Rules of Origin

5. Each Party shall apply to covered procurement of goods or services imported from or supplied by the other Party, the rules of origin that it applies in the normal course of trade in such goods or services.

Special Compensatory Conditions

6. A procuring entity shall not seek, consider, impose or use special countervailing terms and conditions at any stage of a covered procurement

Non-Specific Measures to Public Procurement

7. Paragraphs 1 and 2 shall not apply to: customs duties and charges of any kind imposed on or in connection with importation; the method of collection of such duties and charges; other import regulations or formalities; or measures affecting trade in services, other than measures governing covered procurement.

Article 10.4. Use of Electronic Means In Public Procurement

1. The Parties recognize the need and importance of the use of electronic means for the dissemination of information relating to covered procurement.

2. In order to facilitate business opportunities for suppliers of the other Party under this Chapter, each Party shall maintain or make best efforts to adopt an electronic single point of entry for the purpose of allowing access to complete information on procurement opportunities in its territory, as well as on procurement-related measures, especially those set outin Articles 10.5, 10.6.1, 10.6.3, 10.8.1, 10.8.7, and 10.13.2.

Article 10.5. Publication of Procurement Information Each Part:

(a) publish in a timely manner all regulations of general application with respect to covered procurement, and any amendments to such regulations, in an electronic medium listed in Exhibit 10.1 (Coverage Annex); and

(b) at the request of the other Party, provide an explanation conceming such information.

Article 10.6. Publication of Notices Notice of Future Engagement

1. For each covered procurement, a procuring entity shall publish in a timely manner a notice inviting suppliers to submit tenders, or where appropriate, an application to participate in the procurement, except in the circumstances described in Article 10.10.2. Such notice shall be published in an electronic medium or in print media that are widely disseminated and easily accessible to the public, and each such notice shall be accessible to the public for the full tendering period for the respective procurement.

2. Each notice of future hiring shall include:

(a) the description of future public procurement,

(b) the method of procurement to be used;

(c) any conditions that suppliers must satisfy in order to participate in public procurement,

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

(e) the address and point of contact where suppliers can obtain all relevant procurement documentation;

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

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

(h) the dates of delivery of the goods or services to be contracted or the duration of the contract, and {i) an indication that the procurement is covered by this Chapter.

Notice of Hiring Plans

3. Each Party shall encourage its procuring entities to publish in an electronic or printed medium, as early as practicable in each fiscal year, a notice regarding its future procurement plans. Such notices shall include the subject matter or category of goods and services to be procured and the estimated period in which the procurement will be conducted.

Article 10.7. Conditions for Participation

1. Where a Party requires suppliers to comply with registration, qualification or any other requirement or condition of participation in a procurement, the procuring entity shall publish a notice inviting suppliers to apply for such participation. The procuring entity shall publish the notice sufficiently in advance to allow interested suppliers sufficient time to prepare and submit their applications and for the procuring entity to evaluate and make its determinations on the basis of such applications.

2. At the time of establishing the conditions of participation, a procuring entity:

(a) shall limit these conditions to those that are essential to ensure that the supplier possesses the legal and financial capabilities, and the commercial and technical skills, to meet the requirements and technical specifications of the procurement on the basis of the supplier's business activities conducted both within and outside the territory of the Party of the procuring entity,

(b) base its decision solely on the terms and conditions that the procuring entity has specified in advance in the procurement documents or notices;

(c) shall not make it a condition of participation in a procurement contract, that the supplier has previously been awarded one or more procurement contracts by a procuring entity of the Party in question;

(d) may require prior relevant experience when essential to meet the requirements of the procurement, and

(e) shall allow all domestic suppliers and suppliers of the other Party that have satisfied the conditions for participation to be recognized as qualified and to participate in the procurement.

3. Where there is evidence to justify it, a Party, including its procuring entities, may exclude a supplier from a procurement on grounds such as:

(a) bankruptcy,

(b) false statements;

(c) significant or persistent deficiencies in the fulfillment of any substantive requirement or obligation arising from one or more previous contracts;

(d) final sentences for felonies or other serious offenses;

(e) professional misconduct or acts or omissions that call into question the business integrity of the supplier; or

(f) non-payment of taxes.

4. Procuring entities shall not adopt or apply a registration system or qualification procedure with the purpose or effect of creating unnecessary obstacles to the participation of suppliers of the other Party in their respective procurement.

5. The process of, and the time required for, registration and qualification of suppliers shall not be used to exclude suppliers of the other Party from being considered for a particular procurement.

6. A procuring entity shall promptly inform any supplier that has applied for qualification of its decision with respect to that application. When a procuring entity rejects an application for qualification or ceases to recognize a supplier as one that meets the conditions for participation, the procuring entity shall promptly inform the supplier, and upon request, provide the supplier with a timely written explanation of the reasons for the entity's decision.

Article 10.8. Information on Future Procurements

Contracting Documents

1. Aprocuring entity shall provide in a timely manner to suppliers interested in participating in a procurement, procurement documents that include all necessary information to enable them to prepare and submit responsive tenders in accordance with Annex 10.8.1. Where a procuring entity does not publish the procurement documents by electronic means accessible to all interested suppliers, it shall, upon request of any supplier, promptly make the documents available in written form.

Technical Specifications

2. A contracting entity shall not prepare, adopt or apply any technical specification or require any conformity assessment procedure that has the purpose or effect of creating unnecessary obstacles to trade between the Parties.

3. In establishing any technical specifications for the goods or services to be procured, a procuring entity shall, where appropriate:

(a) The technical specification should be set in terms of performance and functional requirements, rather than the descriptive or design features; and

(b) base the technical specification on international standards, where applicable, or otherwise on national technical regulations, recognized national standards or building codes.

4. 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 such cases, expressions such as "or equivalent" shall also be included in the procurement documents.

5. A procuring entity shall not solicit or accept, in a manner that may have the effect of precluding competition, advice that could be used in preparing or adopting any technical specification for a specific procurement from any person that may have a commercial interest in that procurement.

6. For greater certainty, this Article is not intended to prevent a contracting entity from preparing, adopting or applying technical specifications to promote the conservation of natural resources or protect the environment.

Modifications

7. When, in the course of a covered procurement, a procuring entity modifies the criteria or technical requirements set forth in a notice or procurement document provided to participating suppliers, or modifies a notice or procurement document, it shall transmit such modifications in writing:

(a) to all suppliers that are participating at the time of the modification of the information, if the identification of such suppliers is known, and in all other cases, in the same manner as the original information was transmitted; and

(b) with sufficient time to allow suppliers to modify and resubmit their corrected bids, as appropriate.

Article 10.9. Deadlines

1. A procuring entity shall provide suppliers sufficient time to submit applications to participate in a procurement and to prepare and submit suitable tenders, taking into account the nature and complexity of the procurement. A procuring entity shall allow a period of not less than forty (40) days from the date on which the notice of intended procurement is published and the final date for submission of tenders.

2. Notwithstanding the provisions of paragraph 1, a procuring entity may establish a period of less than forty (40) days, but in no case less than ten (10) days, in the following circumstances:

(a) where the procuring entity has published a separate notice containing a description of the procurement, the approximate deadlines for submission of bids or, where appropriate, conditions for participation in a procurement and the address where documentation relating to the procurement may be obtained, at least forty (40) days and not more than twelve (12) months in advance;

(b) in the case of a new, second or subsequent publication of notices for a public procurement of a recurring nature;

(c) when an emergency situation duly justified by a procuring entity makes it impracticable to meet the deadline stipulated in paragraph 1; or

(d) when the procuring entity purchases commercial goods or services.

3. A Party may provide that a procuring entity may reduce the deadline for submitting tenders set forth in paragraph 1 by five (5) days for each of the following circumstances:

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

  • 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