North American Free Trade Agreement (NAFTA) (1992)
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Article 1301. Scope and Coverage

1. This Chapter applies to:

(a) measures adopted or maintained by a Party relating to access to and use of public telecommunications transport networks or services by persons of another Party, including access and use by such persons operating private networks;

(b) measures adopted or maintained by a Party relating to the provision of enhanced or value-added services by persons of another Party in the territory, or across the borders, of a Party; and

(c) standards-related measures relating to attachment of terminal or other equipment to public telecommunications transport networks.

2. Except to ensure that persons operating broadcast stations and cable systems have continued access to and use of public telecommunications transport networks and services, this Chapter does not apply to any measure adopted or maintained by a Party relating to cable or broadcast distribution of radio or television programming.

3. Nothing in this Chapter shall be construed to:

(a) require a Party to authorize a person of another Party to establish, construct, acquire, lease, operate or provide telecommunications transport networks or telecommunications transport services;

(b) require a Party, or require a Party to compel any person, to establish, construct, acquire, lease, operate or provide telecommunications transport networks or telecommunications transport services not offered to the public generally;

(c) prevent a Party from prohibiting persons operating private networks from using their networks to provide public telecommunications transport networks or services to third persons; or

(d) require a Party to compel any person engaged in the cable or broadcast distribution of radio or television programming to make available its cable or broadcast facilities as a public telecommunications transport network.

Article 1302. Access to and Use of Public Telecommunications Transport Networks and Services

1. Each Party shall ensure that persons of another Party have access to and use of any public telecommunications transport network or service, including private leased circuits, offered in its territory or across its borders for the conduct of their business, on reasonable and non-discriminatory terms and conditions, including as set out in paragraphs 2 through 8.

2. Subject to paragraphs 6 and 7, each Party shall ensure that such persons are permitted to:

(a) purchase or lease, and attach terminal or other equipment that interfaces with the public telecommunications transport network;

(b) interconnect private leased or owned circuits with public telecommunications transport networks in the territory, or across the borders, of that Party, including for use in providing dial-up access to and from their customers or users, or with circuits leased or owned by another person on terms and conditions mutually agreed by those persons;

(c) perform switching, signalling and processing functions; and (d) use operating protocols of their choice.

3. Each Party shall ensure that:

(a) the pricing of public telecommunications transport services reflects economic costs directly related to providing the services; and

(b) private leased circuits are available on a flat-rate pricing basis.

Nothing in this paragraph shall be construed to prevent cross-subsidization between public telecommunications transport services.

4. Each Party shall ensure that persons of another Party may use public telecommunications transport networks or services for the movement of information in its territory or across its borders, including for intracorporate communications, and for access to information contained in data bases or otherwise stored in machine-readable form in the territory of any Party.

5. Further to Article 2101 (General Exceptions), nothing in this Chapter shall be construed to prevent a Party from adopting or enforcing any measure necessary to:

(a) ensure the security and confidentiality of messages; or

(b) protect the privacy of subscribers to public telecommunications transport networks or services.

6. Each Party shall ensure that no condition is imposed on access to and use of public telecommunications transport networks or services, other than that necessary to:

(a) safeguard the public service responsibilities of providers of public telecommunications transport networks or services, in particular their ability to make their networks or services available to the public generally; or

(b) protect the technical integrity of public telecommunications transport networks or services.

7. Provided that conditions for access to and use of public telecommunications transport networks or services satisfy the criteria set out in paragraph 6, such conditions may include:

(a) a restriction on resale or shared use of such services;

(b) a requirement to use specified technical interfaces, including interface protocols, for interconnection with such networks or services;

(c) a restriction on interconnection of private leased or owned circuits with such networks or services or with circuits leased or owned by another person, where the circuits are used in the provision of public telecommunications transport networks or services; and

(d) a licensing, permit, registration or notification procedure which, if adopted or maintained, is transparent and applications filed thereunder are processed expeditiously.

8. For purposes of this Article, "non-discriminatory" means on terms and conditions no less favorable than those accorded to any other customer or user of like public telecommunications transport networks or services in like circumstances.

Article 1303. Conditions for the Provision of Enhanced or Value-Added Services

1. Each Party shall ensure that:

(a) any licensing, permit, registration or notification procedure that it adopts or maintains relating to the provision of enhanced or value-added services is transparent and non-discriminatory, and that applications filed thereunder are processed expeditiously; and

(b) information required under such procedures is limited to that necessary to demonstrate that the applicant has the financial solvency to begin providing services or to assess conformity of the applicant's terminal or other equipment with the Party's applicable standards or technical regulations.

2. No Party may require a person providing enhanced or value-added services to:

(a) provide those services to the public generally;

(b) cost-justify its rates;

(c) file a tariff;

(d) interconnect its networks with any particular customer or network; or

(e) conform with any particular standard or technical regulation for interconnection other than for interconnection to a public telecommunications transport network.

3. Notwithstanding paragraph 2(c), a Party may require the filing of a tariff by:

(a) such provider to remedy a practice of that provider that the Party has found in a particular case to be anticompetitive under its law; or

(b) a monopoly to which Article 1305 applies.

Article 1304. Standards-Related Measures

1. Further to Article 904(4) (Unnecessary Obstacles), each Party shall ensure that its standards-related measures relating to the attachment of terminal or other equipment to the public telecommunications transport networks, including those measures relating to the use of testing and measuring equipment for conformity assessment procedures, are adopted or maintained only to the extent necessary to:

(a) prevent technical damage to public telecommunications transport networks;

(b) prevent technical interference with, or degradation of, public telecommunications transport services;

(c) prevent electromagnetic interference, and ensure compatibility, with other uses of the electromagnetic spectrum;

(d) prevent billing equipment malfunction; or

(e) ensure users' safety and access to public telecommunications transport networks or services.

2. A Party may require approval for the attachment to the public telecommunications transport network of terminal or other equipment that is not authorized, provided that the criteria for that approval are consistent with paragraph 1.

3. Each Party shall ensure that the network termination points for its public telecommunications transport networks are defined on a reasonable and transparent basis.

4. No Party may require separate authorization for equipment that is connected on the customer's side of authorized equipment that serves as a protective device fulfilling the criteria of paragraph 1.

5. Further to Article 904(3) (Non-Discriminatory Treatment), each Party shall:

(a) ensure that its conformity assessment procedures are transparent and non-discriminatory and that applications filed thereunder are processed expeditiously;

(b) permit any technically qualified entity to perform the testing required under the Party's conformity assessment procedures for terminal or other equipment to be attached to the public telecommunications transport network, subject to the Party's right to review the accuracy and completeness of the test results; and

(c) ensure that any measure that it adopts or maintains requiring persons to be authorized to act as agents for suppliers of telecommunications equipment before the Party's relevant conformity assessment bodies is non- discriminatory.

6. No later than one year after the date of entry into force of this Agreement, each Party shall adopt, as part of its conformity assessment procedures, provisions necessary to accept the test results from laboratories or testing facilities in the territory of another Party for tests performed in accordance with the accepting Party's standards-related measures and procedures.

7. The Telecommunications Standards Subcommittee established under Article 913(5) (Committee on Standards-Related Measures) shall perform the functions set out in Annex 913.5.a2.

Article 1305. Monopolies

1. Where a Party maintains or designates a monopoly to provide public telecommunications transport networks or services, and the monopoly, directly or through an affiliate, competes in the provision of enhanced or value-added services or other telecommunications-related services or telecommunications-related goods, the Party shall ensure that the monopoly does not use its monopoly position to engage in anticompetitive conduct in those markets, either directly or through its dealings with its affiliates, in such a manner as to affect adversely a person of another Party. Such conduct may include cross-subsidization, predatory conduct and the discriminatory provision of access to public telecommunications transport networks or services.

2. To prevent such anticompetitive conduct, each Party shall adopt or maintain effective measures, such as:

(a) accounting requirements;

(b) requirements for structural separation;

(c) rules to ensure that the monopoly accords its competitors access to and use of its public telecommunications transport networks or services on terms and conditions no less favorable than those it accords to itself or its affiliates; or

(d) rules to ensure the timely disclosure of technical changes to public telecommunications transport networks and their interfaces.

Article 1306. Transparency

Further to Article 1802 (Publication), each Party shall make publicly available its measures relating to access to and use of public telecommunications transport networks or services, including measures relating to:

(a) tariffs and other terms and conditions of service;

(b) specifications of technical interfaces with the networks or services;

(c) information on bodies responsible for the preparation and adoption of standards-related measures affecting such access and use;

(d) conditions applying to attachment of terminal or other equipment to the networks; and

(e) notification, permit, registration or licensing requirements. Article 1307: Relation to Other Chapters

In the event of any inconsistency between this Chapter and another Chapter, this Chapter shall prevail to the extent of the inconsistency.

Article 1308. Relation to International Organizations and Agreements

The Parties recognize the importance of international standards for global compatibility and interoperability of telecommunication networks or services and undertake to promote those standards through the work of relevant international bodies, including the International Telecommunication Union and the International Organization for Standardization.

Article 1309. Technical Cooperation and other Consultations

1. To encourage the development of interoperable telecommunications transport services infrastructure, the Parties shall cooperate in the exchange of technical information, the development of government-to-government training programs and other related activities. In implementing this obligation, the Parties shall give special emphasis to existing exchange programs.

2. The Parties shall consult with a view to determining the feasibility of further liberalizing trade in all telecommunications services, including public telecommunications transport networks and services.

Article 1310. Definitions

For purposes of this Chapter:

authorized equipment means terminal or other equipment that has been approved for attachment to the public telecommunications transport network in accordance with a Party's conformity assessment procedures;

conformity assessment procedure means "conformity assessment procedure" as defined in Article 915 (Standards-Related Measures-Definitions), and includes the procedures referred to in Annex 1310;

enhanced or value-added services means those telecommunications services employing computer processing applications that:

(a) act on the format, content, code, protocol or similar aspects of a customer's transmitted information;

(b) provide a customer with additional, different or restructured information; or

(c) involve customer interaction with stored information;

flat-rate pricing basis means pricing on the basis of a fixed charge per period of time regardless of the amount of use;

intracorporate communications means telecommunications through which an enterprise communicates:

(a) internally or with or among its subsidiaries, branches or affiliates, as defined by each Party, or

(b) on a non-commercial basis with other persons that are fundamental to the economic activity of the enterprise and that have a continuing contractual relationship with it,

but does not include telecommunications services provided to persons other than those described herein;

network termination point means the final demarcation of the public telecommunications transport network at the customer's premises;

private network means a telecommunications transport network that is used exclusively for intracorporate communications;

protocol means a set of rules and formats that govern the exchange of information between two peer entities for purposes of transferring signaling or data information;

public telecommunications transport network means public telecommunications infrastructure that permits telecommunications between defined network termination points;

public telecommunications transport networks or services means public telecommunications transport networks or public telecommunications transport services;

public telecommunications transport service means any telecommunications transport service required by a Party, explicitly or in effect, to be offered to the public generally, including telegraph, telephone, telex and data transmission, that typically involves the real-time transmission of customer-supplied information between two or more points without any end-to-end change in the form or content of the customer's information;

standards-related measure means a "standards-related measure" as defined in Article 915;

telecommunications means the transmission and reception of signals by any electromagnetic means; and

terminal equipment means any digital or analog device capable of processing, receiving, switching, signaling or transmitting signals by electromagnetic means and that is connected by radio or wire to a public telecommunications transport network at a termination point.

Chapter Fourteen. FINANCIAL SERVICES

Article 1401. Scope and Coverage

1. This Chapter applies to measures adopted or maintained by a Party relating to:

(a) financial institutions of another Party;

(b) investors of another Party, and investments of such investors, in financial institutions in the Party's territory; and

(c) cross-border trade in financial services.

2. Articles 1109 through 1111, 1113, 1114 and 1211 are hereby incorporated into and made a part of this Chapter. Articles 1115 through 1138 are hereby incorporated into and made a part of this Chapter solely for breaches by a Party of Articles 1109 through 1111, 1113 and 1114, as incorporated into this Chapter.

3. Nothing in this Chapter shall be construed to prevent a Party, including its public entities, from exclusively conducting or providing in its territory:

(a) activities or services forming part of a public retirement plan or statutory system of social security; or

(b) activities or services for the account or with the guarantee or using the financial resources of the Party, including its public entities.

4. Annex 1401.4 applies to the Parties specified in that Annex.

Article 1402. Self-Regulatory Organizations

Where a Party requires a financial institution or a cross-border financial service provider of another Party to be a member of, participate in, or have access to, a selfregulatory organization to provide a financial service in or into the territory of that Party, the Party shall ensure observance of the obligations of this Chapter by such selfregulatory organization.

Article 1403. Establishment of Financial Institutions

1. The Parties recognize the principle that an investor of another Party should be permitted to establish a financial institution in the territory of a Party in the juridical form chosen by such investor.

2. The Parties also recognize the principle that an investor of another Party should be permitted to participate widely in a Party's market through the ability of such investor to:

(a) provide in that Party's territory a range of financial services through separate financial institutions as may be required by that Party;

(b) expand geographically in that Party's territory; and

(c) own financial institutions in that Party's territory without being subject to ownership requirements specific to foreign financial institutions.

3. Subject to Annex 1403.3, at such time as the United States permits commercial banks of another Party located in its territory to expand through subsidiaries or direct branches into substantially all of the United States market, the Parties shall review and assess market access provided by each Party in relation to the principles in paragraphs 1 and 2 with a view to adopting arrangements permitting investors of another Party to choose the juridical form of establishment of commercial banks.

4, Each Party shall permit an investor of another Party that does not own or control a financial institution in the Party's territory to establish a financial institution in that territory. A Party may:

(a) require an investor of another Party to incorporate under the Party's law any financial institution it establishes in the Party's territory; or

(b) impose terms and conditions on establishment that are consistent with Article 1405.

5. For purposes of this Article, "investor of another Party" means an investor of another Party engaged in the business of providing financial services in the territory of that Party.

Article 1404. Cross-Border Trade

1. No Party may adopt any measure restricting any type of cross-border trade in financial services by cross-border financial service providers of another Party that the Party permits on the date of entry into force of this Agreement, except to the extent set out in Section B of the Party's Schedule to Annex VII.

2. Each Party shall permit persons located in its territory, and its nationals wherever located, to purchase financial services from cross-border financial service providers of another Party located in the territory of that other Party or of another Party. This obligation does not require a Party to permit such providers to do business or solicit in its territory. Subject to paragraph 1, each Party may define "doing business" and "solicitation" for purposes of this obligation.

3. Without prejudice to other means of prudential regulation of cross-border trade in financial services, a Party may require the registration of cross-border financial service providers of another Party and of financial instruments.

4. The Parties shall consult on future liberalization of cross-border trade in financial services as set out in Annex 1404.4.

3. Without prejudice to other means of prudential regulation of cross-border trade in financial services, a Party may require the registration of cross-border financial service providers of another Party and of financial instruments.

4. The Parties shall consult on future liberalization of cross-border trade in financial services as set out in Annex 1404.4.

Article 1405. National Treatment

1. Each Party shall accord to investors of another Party treatment no less favorable than that it accords to its own investors, in like circumstances, with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of financial institutions and investments in financial institutions in its territory.

2. Each Party shall accord to financial institutions of another Party and to investments of investors of another Party in financial institutions treatment no less favorable than that it accords to its own financial institutions and to investments of its own investors in financial institutions, in like circumstances, with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of financial institutions and investments.

3. Subject to Article 1404, where a Party permits the cross-border provision of a financial service it shall accord to the cross-border financial service providers of another Party treatment no less favorable than that it accords to its own financial service providers, in like circumstances, with respect to the provision of such service.

4. The treatment that a Party is required to accord under paragraphs 1, 2 and 3 means, with respect to a measure of any state or province:

(a) in the case of an investor of another Party with an investment in a financial institution, an investment of such investor in a financial institution, or a financial institution of such investor, located in a state or province, treatment no less favorable than the treatment accorded to an investor of the Party in a financial institution, an investment of such investor in a financial institution, or a financial institution of such investor, located in that state or province, in like circumstances; and

(b) in any other case, treatment no less favorable than the most favorable treatment accorded to an investor of the Party in a financial institution, its financial institution or its investment in a financial institution, in like circumstances.

For greater certainty, in the case of an investor of another Party with investments in financial institutions or financial institutions of such investor, located in more than one state or province, the treatment required under subparagraph (a) means:

(c) treatment of the investor that is no less favorable than the most favorable treatment accorded to an investor of the Party with an investment located in such states, or provinces in like circumstances; and

(d) with respect to an investment of the investor in a financial institution or a financial institution of such investor, located in a state or province, treatment no less favorable than that accorded to an investment of an investor of the Party, or a financial institution of such investor, located in that state or province, in like circumstances.

5. A Party's treatment of financial institutions and cross-border financial service providers of another Party, whether different or identical to that accorded to its own institutions or providers in like circumstances, is consistent with paragraphs 1 through 3 if the treatment affords equal competitive opportunities.

6. A Party's treatment affords equal competitive opportunities if it does not disadvantage financial institutions and cross-border financial services providers of another Party in their ability to provide financial services as compared with the ability of the Party's own financial institutions and financial services providers to provide such services, in like circumstances.

7. Differences in market share, profitability or size do not in themselves establish a denial of equal competitive opportunities, but such differences may be used as evidence regarding whether a Party's treatment affords equal competitive opportunities.

7. Differences in market share, profitability or size do not in themselves establish a denial of equal competitive opportunities, but such differences may be used as evidence regarding whether a Party's treatment affords equal competitive opportunities.

  • Part   One GENERAL PART 1
  • Chapter   One OBJECTIVES 1
  • Article   101 Establishment of the Free Trade Area 1
  • Article   102 Objectives 1
  • Article   103 Relation to other Agreements 1
  • Article   104 Relation to Environmental and Conservation Agreements 1
  • Article   105 Extent of Obligations 1
  • Annex 104.1  Bilateral and Other Environmental and Conservation Agreements 1
  • Chapter   Two GENERAL DEFINITIONS 1
  • Article   201 Definitions of General Application 1
  • Annex 201.1  Country-Specific Definitions 1
  • Part   Two TRADE IN GOODS 1
  • Chapter   Three NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS 1
  • Article   300 Scope and Coverage 1
  • Section   A National Treatment 1
  • Article   301 National Treatment 1
  • Section   B Tariffs 1
  • Article   302 Tariff Elimination 1
  • Article   303 Restriction on Drawback and Duty Deferral Programs 1
  • Article   304 Waiver of Customs Duties 1
  • Article   305 Temporary Admission of Goods 1
  • Article   306 Duty-Free Entry of Certain Commercial Samples and Printed Advertising Materials 2
  • Article   307 Goods Re-Entered after Repair or Alteration 2
  • Article   308 Most-Favored-Nation Rates of Duty on Certain Goods 2
  • Section   C Non-Tariff Measures 2
  • Article   309 Import and Export Restrictions 2
  • Article   310 Customs User Fees 2
  • Article   311 Country of Origin Marking 2
  • Article   312 Wine and Distilled Spirits 2
  • Article   313 Distinctive Products 2
  • Article   314 Export Taxes 2
  • Article   315 Other Export Measures 2
  • Section   D Consultations 2
  • Article   316 Consultations and Committee on Trade In Goods 2
  • Article   317 Third Country Dumping 2
  • Section   E Definitions 2
  • Article   318 Definitions 2
  • Chapter   Four RULES OF ORIGIN 2
  • Article   401 Originating Goods 2
  • Article   402 Regional Value Content 2
  • Article   403 Automotive Goods 3
  • Article   404 Accumulation 3
  • Article   405 De Minimis 3
  • Article   406 Fungible Goods and Materials for Purposes of Determining Whether a Good Is an Originating Good: 3
  • Article   407 Accessories, Spare Parts and Tools 3
  • Article   408 Indirect Materials 3
  • Article   409 Packaging Materials and Containers for Retail Sale 3
  • Article   410 Packing Materials and Containers for Shipment 3
  • Article   411 Trans-shipment 3
  • Article   412 Non-Qualifying Operations 3
  • Article   413 Interpretation and Application 3
  • Article   414 Consultation and Modifications 3
  • Article   415 Definitions 3
  • Chapter   Five CUSTOMS PROCEDURES 4
  • Section   A Certification of Origin 4
  • Article   501 Certificate of Origin 4
  • Article   502 Obligations Regarding Importations 4
  • Article   503 Exceptions 4
  • Article   504 Obligations Regarding Exportations 4
  • Section   B Administration and Enforcement 4
  • Article   505 Records 4
  • Article   506 Origin Verifications 4
  • Article   507 Confidentiality 4
  • Article   508 Penalties 4
  • Section   C Advance Rulings 4
  • Article   509 Advance Rulings 4
  • Section   D Review and Appeal of Origin Determinations and Advance Rulings 5
  • Article   510 Review and Appeal 5
  • Section   E Uniform Regulations 5
  • Article   511 Uniform Regulations 5
  • Section   F Cooperation 5
  • Article   512 Cooperation 5
  • Article   513 Working Group and Customs Subgroup 5
  • Article   514 Definitions 5
  • Chapter   Six ENERGY AND BASIC PETROCHEMICALS 5
  • Article   601 Principles 5
  • Article   602 Scope and Coverage 5
  • Article   603 Import and Export Restrictions 5
  • Article   604 Export Taxes 5
  • Article   605 Other Export Measures 5
  • Article   606 Energy Regulatory Measures 5
  • Article   607 National Security Measures 5
  • Article   608 Miscellaneous Provisions 5
  • Article   609 Definitions 5
  • Annex 602.3  Reservations and Special Provisions 6
  • Chapter   Seven AGRICULTURE AND SANITARY AND PHYTOSANITARY MEASURES 6
  • Section   A Agriculture 6
  • Article   701 Scope and Coverage 6
  • Article   702 International Obligations 6
  • Article   703 Market Access 6
  • Article   704 Domestic Support 6
  • Article   705 Export Subsidies 6
  • Article   706 Committee on Agricultural Trade 6
  • Article   707 Advisory Committee on Private Commercial Disputes Regarding Agricultural Goods 6
  • Article   708 Definitions 6
  • Section   B Sanitary and Phytosanitary Measures 6
  • Article   709 Scope and Coverage 6
  • Article   710 Relation to other Chapters 6
  • Article   711 Reliance on Non-Governmental Entities 6
  • Article   712 Basic Rights and Obligations 6
  • Article   713 International Standards and Standardizing Organizations 6
  • Article   714 Equivalence 6
  • Article   715 Risk Assessment and Appropriate Level of Protection 6
  • Article   716 Adaptation to Regional Conditions 7
  • Article   717 Control, Inspection and Approval Procedures 7
  • Article   718 Notification, Publication and Provision of Information 7
  • Article   719 Inquiry Points 7
  • Article   720 Technical Cooperation 7
  • Article   721 Limitations on the Provision of Information 7
  • Article   722 Committee on Sanitary and Phytosanitary Measures 7
  • Article   723 Technical Consultations 7
  • Article   724 Definitions 7
  • Chapter   Eight EMERGENCY ACTION 7
  • Article   801 Bilateral Actions 7
  • Article   802 Global Actions 8
  • Article   803 Administration of Emergency Action Proceedings 8
  • Article   804 Dispute Settlement In Emergency Action Matters 8
  • Article   805 Definitions for Purposes of this Chapter: 8
  • Part   Three TECHNICAL BARRIERS TO TRADE 8
  • Chapter   Nine STANDARDS-RELATED MEASURES 8
  • Article   901 Scope and Coverage 8
  • Article   902 Extent of Obligations 8
  • Article   903 Affirmation of Agreement on Technical Barriers to Trade and other Agreements 8
  • Article   904 Basic Rights and Obligations Right to Take Standards-Related Measures 8
  • Article   905 Use of International Standards 8
  • Article   906 Compatibility and Equivalence 8
  • Article   907 Assessment of Risk 8
  • Article   908 Conformity Assessment 8
  • Article   909 Notification, Publication, and Provision of Information 8
  • Article   910 Inquiry Points 8
  • Article   911 Technical Cooperation 8
  • Article   912 Limitations on the Provision of Information 8
  • Article   913 Committee on Standards-Related Measures 8
  • Article   914 Technical Consultations 9
  • Article   915 Definitions 9
  • Part   Four GOVERNMENT PROCUREMENT 9
  • Chapter   Ten GOVERNMENT PROCUREMENT 9
  • Section   A Scope and Coverage and National Treatment 9
  • Article   1001 Scope and Coverage 9
  • Article   1002 Valuation of Contracts 9
  • Article   1003 National Treatment and Non-Discrimination 9
  • Article   1004 Rules of Origin 9
  • Article   1005 Denial of Benefits 9
  • Article   1006 Prohibition of Offsets 9
  • Article   1007 Technical Specifications 9
  • Section   B Tendering Procedures 9
  • Article   1008 Tendering Procedures 9
  • Article   1009 Qualification of Suppliers 9
  • Article   1010 Invitation to Participate 9
  • Article   1011 Selective Tendering Procedures 10
  • Article   1012 Time Limits for Tendering and Delivery 10
  • Article   1013 Tender Documentation 10
  • Article   1014 Negotiation Disciplines 10
  • Article   1015 Submission, Receipt and Opening of Tenders and Awarding of Contracts 10
  • Article   1016 Limited Tendering Procedures 10
  • Section   C Bid Challenge 10
  • Article   1017 Bid Challenge 10
  • Section   D General Provisions 10
  • Article   1018 Exceptions 10
  • Article   1019 Provision of Information 10
  • Article   1020 Technical Cooperation 11
  • Article   1021 Joint Programs for Small Business 11
  • Article   1022 Rectifications or Modifications 11
  • Article   1023 Divestiture of Entities 11
  • Article   1024 Further Negotiations 11
  • Article   1025 Definitions 11
  • Part   Five INVESTMENT, SERVICES AND RELATED MATTERS 11
  • Chapter   Eleven INVESTMENT 11
  • Section   A Investment 11
  • Article   1101 Scope and Coverage 11
  • Article   1102 National Treatment 11
  • Article   1103 Most-Favored-Nation Treatment 11
  • Article   1104 Standard of Treatment 11
  • Article   1105 Minimum Standard of Treatment 11
  • Article   1106 Performance Requirements 11
  • Article   1107 Senior Management and Boards of Directors 11
  • Article   1110 Expropriation and Compensation 11
  • Article   1111 Special Formalities and Information Requirements 11
  • Article   1112 Relation to other Chapters 11
  • Article   1113 Denial of Benefits 11
  • Article   1114 Environmental Measures 12
  • Section   B Settlement of Disputes between a Party and an Investor of Another Party 12
  • Article   1115 Purpose 12
  • Article   1116 Claim by an Investor of a Party on Its Own Behalf 12
  • Article   1117 Claim by an Investor of a Party on Behalf of an Enterprise 12
  • Article   1118 Settlement of a Claim Through Consultation and Negotiation 12
  • Article   1119 Notice of Intent to Submit a Claim to Arbitration 12
  • Article   1120 Submission of a Claim to Arbitration 12
  • Article   1121 Conditions Precedent to Submission of a Claim to Arbitration 12
  • Article   1122 Consent to Arbitration 12
  • Article   1123 Number of Arbitrators and Method of Appointment 12
  • Article   1124 Constitution of a Tribunal When a Party Fails to Appoint an Arbitrator or the Disputing Parties Are Unable to Agree on a Presiding Arbitrator 12
  • Article   1125 Agreement to Appointment of Arbitrators 12
  • Article   1126 Consolidation 12
  • Article   1127 Notice a Disputing Party Shall Deliver to the other Parties: 12
  • Article   1128 Participation by a Party 12
  • Article   1129 Documents 12
  • Article   1130 Place of Arbitration 12
  • Article   1131 Governing Law 12
  • Article   1132 Interpretation of Annexes 12
  • Article   1133 Expert Reports 12
  • Article   1134 Interim Measures of Protection 12
  • Article   1135 Final Award 12
  • Article   1136 Finality and Enforcement of an Award 12
  • Article   1137 General 12
  • Article   1138 Exclusions 12
  • Section   C Definitions 13
  • Article   1139 Definitions 13
  • Annex 1120.1  Submission of a Claim to Arbitration 13
  • Annex 1138.2  Exclusions from Dispute Settlement 13
  • Chapter   Twelve CROSS-BORDER TRADE IN SERVICES 13
  • Article   1201 Scope and Coverage 13
  • Article   1202 National Treatment 13
  • Article   1203 Most-Favored-Nation Treatment 13
  • Article   1204 Standard of Treatment 13
  • Article   1205 Local Presence 13
  • Article   1206 Reservations 13
  • Article   1207 Quantitative Restrictions 13
  • Article   1208 Liberalization of Non-Discriminatory Measures 13
  • Article   1209 Procedures 13
  • Article   1210 Licensing and Certification 13
  • Article   1211 Denial of Benefits 13
  • Article   1212 Sectoral Annex 13
  • Article   1213 Definitions 13
  • Chapter   Thirteen TELECOMMUNICATIONS 14
  • Article   1301 Scope and Coverage 14
  • Article   1302 Access to and Use of Public Telecommunications Transport Networks and Services 14
  • Article   1303 Conditions for the Provision of Enhanced or Value-Added Services 14
  • Article   1304 Standards-Related Measures 14
  • Article   1305 Monopolies 14
  • Article   1306 Transparency 14
  • Article   1308 Relation to International Organizations and Agreements 14
  • Article   1309 Technical Cooperation and other Consultations 14
  • Article   1310 Definitions 14
  • Chapter   Fourteen FINANCIAL SERVICES 14
  • Article   1401 Scope and Coverage 14
  • Article   1402 Self-Regulatory Organizations 14
  • Article   1403 Establishment of Financial Institutions 14
  • Article   1404 Cross-Border Trade 14
  • Article   1405 National Treatment 14
  • Article   1406 Most-Favored-Nation Treatment 15
  • Article   1407 New Financial Services and Data Processing 15
  • Article   1408 Senior Management and Boards of Directors 15
  • Article   1409 Reservations and Specific Commitments 15
  • Article   1410 Exceptions 15
  • Article   1411 Transparency 15
  • Article   1412 Financial Services Committee 15
  • Article   1413 Consultations 15
  • Article   1414 Dispute Settlement 15
  • Article   1415 Investment Disputes In Financial Services 15
  • Article   1416 Definitions 15
  • Annex 1412.1  Authorities Responsible for Financial Services 15
  • Chapter   Fifteen COMPETITION POLICY, MONOPOLIES AND STATE ENTERPRISES 15
  • Article   1501 Competition Law 15
  • Article   1502 Monopolies and State Enterprises 15
  • Article   1503 State Enterprises 15
  • Article   1504 Working Group on Trade and Competition 15
  • Article   1505 Definitions 15
  • Annex 1505  Country-Specific Definitions of State Enterprises 15
  • Chapter   Sixteen TEMPORARY ENTRY FOR BUSINESS PERSONS 15
  • Article   1601 General Principles 15
  • Article   1602 General Obligations 15
  • Article   1603 Grant of Temporary Entry 16
  • Article   1604 Provision of Information 16
  • Article   1605 Working Group 16
  • Article   1606 Dispute Settlement 16
  • Article   1607 Relation to other Chapters 16
  • Article   1608 Definitions 16
  • Annex 1603  Temporary Entry for Business Persons 16
  • Section   A Business Visitors 16
  • Section   B Traders and Investors 16
  • Section   C Intra-Company Transferees 16
  • Section   D Professionals 16
  • Part   Six INTELLECTUAL PROPERTY 16
  • Chapter   Seventeen INTELLECTUAL PROPERTY 16
  • Article   1701 Nature and Scope of Obligations 16
  • Article   1702 More Extensive Protection 16
  • Article   1703 National Treatment 16
  • Article   1704 Control of Abusive or Anticompetitive Practices or Conditions 16
  • Article   1705 Copyright 16
  • Article   1706 Sound Recordings 16
  • Article   1707 Protection of Encrypted Program-Carrying Satellite Signals 16
  • Article   1708 Trademarks 16
  • Article   1709 Patents 17
  • Article   1710 Layout Designs of Semiconductor Integrated Circuits 17
  • Article   1711 Trade Secrets 17
  • Article   1712 Geographical Indications 17
  • Article   1713 Industrial Designs 17
  • Article   1714 Enforcement of Intellectual Property Rights: General Provisions 17
  • Article   1715 Specific Procedural and Remedial Aspects of Civil and Administrative Procedures 17
  • Article   1716 Provisional Measures 17
  • Article   1717 Criminal Procedures and Penalties 17
  • Article   1718 Enforcement of Intellectual Property Rights at the Border 17
  • Article   1718 Enforcement of Intellectual Property Rights at the Border 18
  • Article   1719 Cooperation and Technical Assistance 18
  • Article   1720 Protection of Existing Subject Matter 18
  • Article   1721 Definitions 18
  • Part   Seven ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS 18
  • Chapter   Eighteen PUBLICATION, NOTIFICATION AND ADMINISTRATION OF LAWS 18
  • Article   1801 Contact Points 18
  • Article   1802 Publication 18
  • Article   1803 Notification and Provision of Information 18
  • Article   1804 Administrative Proceedings 18
  • Article   1805 Review and Appeal 18
  • Article   1806 Definitions 18
  • Chapter   Nineteen REVIEW AND DISPUTE SETTLEMENT IN ANTIDUMPING AND COUNTERVAILING DUTY MATTERS 18
  • Article   1901 General Provisions 18
  • Article   1902 Retention of Domestic Antidumping Law and Countervailing Duty Law 18
  • Article   1903 Review of Statutory Amendments 18
  • Article   1904 Review of Final Antidumping and Countervailing Duty Determinations 18
  • Article   1905 Safeguarding the Panel Review System 18
  • Article   1906 Prospective Application 19
  • Article   1907 Consultations 19
  • Article   1908 Special Secretariat Provisions 19
  • Article   1909 Code of Conduct 19
  • Article   1910 Miscellaneous 19
  • Article   1911 Definitions 19
  • Chapter   Twenty INSTITUTIONAL ARRANGEMENTS AND DISPUTE SETTLEMENT PROCEDURES 19
  • Section   A Institutions 19
  • Article   2011 The Free Trade Commission 19
  • Article   2002 The Secretariat 19
  • Section   B Dispute Settlement 19
  • Article   2003 Cooperation 19
  • Article   2004 Recourse to Dispute Settlement Procedures 19
  • Article   2005 GATT Dispute Settlement 19
  • Article   2006 Consultations 19
  • Article   2007 Commission - Good Offices, Conciliation and Mediation 19
  • Article   2008 Request for an Arbitral Panel 20
  • Article   2009 Roster 20
  • Article   2010 Qualifications of Panelists 20
  • Article   2011 Panel Selection 20
  • Article   2012 Rules of Procedure 20
  • Article   2013 Third Party Participation 20
  • Article   2014 Role of Experts 20
  • Article   2015 Scientific Review Boards 20
  • Article   2016 Initial Report 20
  • Article   2017 Final Report 20
  • Article   2018 Implementation of Final Report 20
  • Article   2019 Non-Implementation-Suspension of Benefits 20
  • Section   C Domestic Proceedings and Private Commercial Dispute Settlement 20
  • Article   2020 Referrals of Matters from Judicial or Administrative Proceedings 20
  • Article   2021 Private Rights 20
  • Article   2022 Alternative Dispute Resolution 20
  • Annex 2001.2  Committees and Working Groups 20
  • Annex 2002.2  Remuneration and Payment of Expenses 20
  • Annex 2004  Nullification and Impairment 20
  • Part   Eight OTHER PROVISIONS 20
  • Chapter   Twenty-One EXCEPTIONS 20
  • Article   2101 General Exceptions 20
  • Article   2102 National Security 20
  • Article   2103 Taxation 21
  • Article   2104 Balance of Payments 21
  • Article   2105 Disclosure of Information 21
  • Article   2106 Cultural Industries 21
  • Article   2107 Definitions 21
  • Annex 2103.4  Specific Taxation Measures 21
  • Annex 2103.6  Competent Authorities 21
  • Annex 2106  Cultural Industries 21
  • Chapter   Twenty-Two FINAL PROVISIONS 21
  • Article   2201 Annexes 21
  • Article   2202 Amendments 21
  • Article   2203 Entry Into Force 21
  • Article   2204 Accession 21
  • Article   2205 Withdrawal 21
  • Article   2206 Authentic Texts 21
  • Annex I  Reservations for Existing Measures and Liberalization Commitments 21
  • Annex I  Schedule of Canada 21
  • Annex I  Schedule of Mexico 25
  • Annex I  Schedule of the United States 31
  • Annex II  Reservations for Future Measures (Chapters 11, 12, and 14) 32
  • Annex II  Schedule of Canada 33
  • Annex II  Schedule of Mexico 34
  • Annex II  Schedule of United States 34
  • Annex III  Activities Reserved to the State (Chapter 11) 35
  • Annex III  Schedule of Mexico 35
  • Annex IV  Exceptions from Most-Favored-Nation Treatment (Chapter 11) 36
  • Annex IV  Schedule of Canada 36
  • Annex IV  Schedule of Mexico 36
  • Annex IV  Schedule of the United States 36