Bolivia - Mexico FTA (1994)
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(ii) as soon as possible, transmits to the applicant the results of the conformity assessment procedure in an accurate and complete manner, so that the applicant can carry out any corrective action;

(iii) where the application is deficient, continue the procedure as far as possible, if the applicant so requests; and

(iv) inform the requester, upon request, of the status of the request and the reasons for any delay;

(g) limit the information to be submitted by the applicant to that necessary to assess conformity and to determine the appropriate cost of the assessment;

(h) to grant confidential information arising out of or submitted in connection with the procedure with respect to a good or service of the other Party:

(i) the same treatment as that accorded to information relating to a good or service of the Party; and (ii) treatment that protects the commercial interests of the applicant;

(j) ensure that any fee charged for assessing conformity of a good or service being exported from the other Party is equitable in relation to that charged for assessing conformity of an identical or similar good or service of the Party, taking into account communication, transportation and related costs;

(k) ensure that the location of the facilities where the conformity assessment procedures are carried out does not cause unnecessary inconvenience to the applicant or its representative;

(l) when possible, to try to assure that the procedure is carried out in the production facility of the good and that a conformity mark is granted, when appropriate;

(m) limit the procedure, in the case of a good or service that has been modified subsequent to a conformity assessment determination, to what is necessary to determine that the good or service continues to comply with those regulations or standards; and

(n) limit to reasonableness any requirement for samples of a good and ensure that the selection and collection of samples does not cause unnecessary inconvenience to the applicant or its representative.

4. The Parties shall apply the provisions of paragraph 3, with appropriate modifications, to their approval procedures.

5. Each Party shall give favorable consideration to the request of the other Party to negotiate agreements on the mutual recognition of the results of that Party's conformity assessment procedures.

Article 13-10. Metrological Standards.

The Parties shall make compatible, to the greatest extent possible, their metrological standards, taking as a basis the international standards in force, as stipulated in this Chapter.

Article 13-11. Health Protection.

1. Each Party shall ensure that the:

(a) medicines, medical equipment and instruments, pharmochemical goods and other inputs for human, animal or plant health;

(b) foodstuffs;

(c) cosmetics and perfumes;

(d) dangerous goods and substances; and

(e) goods, materials, radioactive sources and equipment, and sources and equipment emitting ionizing radiation,

which are subject to sanitary registration within the territory of a Party, shall, where appropriate, be registered, recognized or evaluated by the competent authority of that country, on the basis of a single national system of a federal or central character, as the case may be, of mandatory observance.

2. Certificates attesting that the enterprises producing or conditioning the goods referred to in paragraph 1 comply with the standards and technical regulations shall be accepted only if they have been issued by the competent regulatory agencies of the federal or central government, as the case may be.

3. The Parties shall establish a system of mutual technical cooperation that shall work on the basis of the following program:

(a) identification of specific needs relating to:

(i) to the application of good manufacturing practices in the manufacture and approval of medicines, particularly those for human use;

(ii) the application of good laboratory practices in the systems of analysis and evaluation established in the relevant international guidelines in force; and

(iii) the development of common identification and nomenclature systems for health auxiliary goods and medical instruments;

(b) standardization of labeling requirements, development and strengthening of, inter alia, standardization and surveillance systems in relation to warning labeling;

(c) development of training and education programs, and organization of, inter alia, a common system for the training, continuing education, training and evaluation of health officials and inspectors;

(d) development of a mutual accreditation system for verification units and testing laboratories;

(e) development and strengthening of formal communication systems to monitor and regulate the exchange of goods related to human, animal or plant health; and

(f) development, strengthening and promotion of cooperation in matters related to paragraphs 1 and 2.

4. The Sub-Working Group on Health Standardization Measures, established pursuant to Article 13-17, shall organize and follow up on the activities referred to in paragraph 3 and shall make appropriate recommendations to the Parties upon request.

Article 13-12. Protection of the Environment and Management of Hazardous Substances and Wastes.

1. For the care and protection of its environment, each Party shall apply the provisions, guidelines or recommendations of the United Nations Organization and of the relevant international agreements to which both Parties are parties, in addition to its legislation.

2. The Parties shall regulate and control the production, introduction and commercialization of pharmaceutical products, toxic agro-chemicals and other hazardous substances, in accordance with the provisions of this Treaty and those of their legislation.

3. Each Party shall regulate, in accordance with its legislation, the introduction, acceptance, deposit, transport and transit through its territory of hazardous, radioactive or other wastes of internal or external origin which, by their characteristics, constitute a danger to the health of the population or to the environment.

Article 13-13. Labeling.

1. In accordance with the provisions of this Chapter, each Party shall apply, within its territory, its relevant labeling requirements.

2. The Parties shall develop common labeling requirements through the Sub-Working Group on Standardization Measures on Labeling, Packaging, Packaging and Consumer Information established pursuant to paragraph 5 of Article 13-17.

3. The Sub-Working Subgroup shall formulate recommendations, among others, on the following matters:

(a) development of a common system of symbols and pictograms;

(b) definitions and terminology;

(c) presentation of information, including language, measurement systems, ingredients and sizes; and

(d) any other related matters.

Article 13-14. Notification, Publication and Provision of Information.

1. Each Party shall notify the other Party of the standardization and metrology measures it intends to establish before they enter into force and no later than to its nationals.

2. In addition to the provisions of Articles 17-02 (Publication) and 17-03 (Notification), to propose the adoption or modification of any standardization or metrology measure, each Party shall:

(a) shall publish a notice and notify the other Party in writing of its intention to adopt or modify such measure, so as to enable interested persons to familiarize themselves with the proposal, at least 60 days in advance of its adoption or modification, except in the case of any standardization measure relating to perishable goods, in which case, the Party shall, to the greatest extent possible, publish the notice and notify at least 30 days in advance of the adoption or modification of such measures and, in any case, simultaneously that its producers;

(b) identify in such notice and notification the good or service to which the measure is to be applied, and include a brief description of the objective and motivation of the measure;

(c) provide a copy of the proposed measure to the other Party or any interested person upon request and, where possible, identify the provisions that deviate in substance from the relevant international standards;

(d) without discrimination, allow the other Party and interested persons to make comments in writing and, upon request, discuss and take them and the results of the discussions into account; and

(e) ensure that, upon adoption of the measure, it is published expeditiously or otherwise made available to interested persons in the other Party to familiarize them with it.

3. Each Party shall endeavor to avoid maintaining in force or applying any technical regulations and conformity assessment procedures if the circumstances or objectives that gave rise to their adoption no longer exist, or can be met in a manner less restrictive to bilateral trade.

4. With respect to technical regulations other than those issued by the federal or central government, as the case may be, each Party shall:

(a) shall ensure that a notice is published and shall notify the other Party in writing of its intention to adopt or modify such a regulation at an appropriate initial stage;

(b) ensure that such notice and notification identifies the good or service to which the technical regulation will apply, and includes a brief description of the objective and rationale for the technical regulation;

(c) ensure that a copy of the proposed technical regulation is provided to the other Party or any interested person on request; and

(d) take such reasonable measures as may be available to it to ensure that when the technical regulation is adopted, it is published expeditiously or otherwise made available to interested persons in the other Party so that they may become familiar with it.

5. Where a Party considers it necessary to address an urgent problem relating to safety or to the protection of human, animal or plant life or health, the environment or to practices that mislead consumers, it may omit any of the steps set out in paragraph 2 or 4, provided that, when adopting the standardization measure:

(a) immediately notifies the other Party in accordance with the requirements set out in paragraph 2(b), including a brief description of the urgent problem;

(b) provides a copy of the measure to the other Party and to any interested person upon request;

(c) without discrimination, allow the other Party and interested persons to make comments in writing and, upon request, discuss and take them, and the results of the discussions, into account; and

(d) ensures that the measure is published expeditiously, or otherwise enables interested persons to become familiar with it.

6. The Parties shall allow a reasonable period between the publication of their standardization measures and the date on which they enter into force for interested persons to adapt to these measures, except where it is necessary to address one of the urgent problems identified in paragraph 5.

7. Each Party shall annually notify the other Party in writing of its standardization plans and programs.

8. Where a Party permits interested persons from outside the government to be present during the process of developing standardization measures, it shall also permit persons from outside the government of the other Party to be present.

9. Each Party shall designate a government authority to be responsible for the implementation of the notification provisions of this Chapter and shall notify the other Party. Where a Party designates two or more governmental authorities for this purpose, it shall inform the other Party precisely and fully of the scope of responsibilities of those authorities.

10. When a Party administratively rejects a shipment or provision of services on the grounds of non- compliance with a standardization measure, it shall inform, without delay and in writing, the person holding the shipment or the service provider of the technical justification for the rejection.

11. Once the information referred to in paragraph 10 has been generated, the Party shall immediately forward it to the information center or centers, in its territory, referred to in Article 13-15 in its territory, which, in turn, shall bring it to the attention of the information centers of the other Party.

Article 13-15. Information Centers.

1. Each Party shall ensure that there is at least one information center in its territory capable of responding to all reasonable inquiries and requests from the other Party and interested persons, as well as providing relevant documentation regarding:

(a) any standardization measures or metrological standards adopted or proposed in its territory;

(b) the membership and participation of that Party, or its relevant authorities, in international or regional standardizing bodies and conformity assessment systems, in bilateral or multilateral agreements, within the scope of this Chapter, as well as in relation to the provisions of those systems and agreements;

(c) the location of notices published in accordance with this chapter, or the place where the information contained therein may be obtained;

(d) the location of the information centers referred to in paragraph 3; and

(e) the Party's risk assessment procedures, the factors it takes into consideration in carrying out the assessment, and with the establishment of the levels of protection it considers appropriate, in accordance with paragraph 1 of Article 13-05.

2. Where a Party designates more than one information center:

(a) inform the other Party of the scope of responsibilities of each such center; and

(b) ensure that any request sent to the wrong enquiry point is expeditiously forwarded to the correct enquiry point.

3. Each Party shall take such reasonable measures as may be available to it to ensure that there is at least one information center, within its territory, capable of responding to all inquiries and requests from the other Party and interested persons, and of providing relevant documentation, or information where such documentation may be obtained, relating to:

(a) any standards or conformity assessment processes adopted or proposed by non-governmental standardizing bodies in its territory; and

(b) the membership and participation in international and regional standardizing bodies and conformity assessment systems of relevant non-governmental bodies in its territory.

4. Each Party shall ensure that, where the other Party or interested persons, in accordance with the provisions of this Chapter, request copies of the documents referred to in paragraph 1, they shall be provided at the same price that applies for domestic sale, except for the actual cost of shipment.

Article 13-16. Limitations on the Provision of Information.

Nothing in this Chapter shall be construed to impose an obligation on a Party to provide any information, the disclosure of which it considers contrary to the essential interests of its national security or of particular enterprises.

Article 13-17. Working Group on Standardization Measures.

1. The Parties establish the Working Group on Standardization Measures, composed of an equal number of representatives of each Party.

2. The functions of the Working Group include, among others:

(a) monitoring the implementation, compliance and administration of this Chapter, including the progress of the sub-working groups established pursuant to paragraph 5;

(b) facilitating the process through which the Parties will make their standardization and metrology measures compatible;

(c) to serve as a forum for the Parties to consult on matters related to standardization and metrology measures;

(d) promote technical cooperation activities between the Parties;

(e) assist in risk assessments carried out by the Parties;

(f) assist in developing and strengthening the standardization and evaluation systems of the Parties; and

(g) report annually to the Commission on the implementation of this Chapter.

3. The Working Group shall:

(a) shall meet at least once a year, unless otherwise agreed by the Parties;

(b) establish its rules of procedure; and

(c) make its decisions by consensus.

4. When the Working Group considers it appropriate, it may establish such sub-working groups as it deems appropriate and shall determine the scope and terms of reference of such sub-working groups. Each such sub-working group shall be composed of representatives of each Party and may:

(a) when it deems necessary, include or consult with:

(i) representatives of non-governmental bodies, such as standardization and metrology bodies or private sector chambers and associations;

(ii) scientists; and

(iii) technical experts; and

(b) determine its work program, taking into account relevant international activities.

5. In addition to the provisions of paragraph 4, the Working Group shall:

(a) establish:

(i) the Sub-Working Group on Health Standardization Measures;

(ii) the Sub-Working Group on Standardization Measures on Labeling, Packaging, Packaging and Consumer Information; and

(iii) the Sub-Working Group on Telecommunications; and

(b) any other working subgroups it deems appropriate to analyze, inter alia, the following topics:

(i) the identification and nomenclature of goods and services subject to standardization measures;

(ii) technical regulations and standards of quality and identity;

(iii) programs for the approval of goods and for post-sale surveillance;

(iv) principles for the accreditation and recognition of testing facilities, inspection agencies and conformity assessment bodies;

(v) the development and implementation of a uniform system for the classification and reporting of hazardous chemicals and the communication of chemical hazards;

(vi) programs to ensure compliance with the provisions in force, including training and inspection by personnel responsible for regulation, analysis and verification of compliance;

(vii) the promotion and application of good laboratory practices; viii) the promotion and application of good laboratory practices; viii) the promotion and application of good laboratory practices;

(viii) the promotion and application of good manufacturing practices; viii) the promotion and application of good manufacturing practices; viii) the promotion and application of good manufacturing practices;

(ix) criteria for the evaluation of potential damage to the environment due to the use of goods or services; x) analysis of procedures for the evaluation of potential damage to the environment due to the use of goods or services;

(x) analysis of procedures for the simplification of import requirements for specific goods;

(xi) guidelines for testing chemical substances, including industrial, agricultural, pharmaceutical, and biological substances; and

(xii) means of facilitating consumer protection, including consumer redress.

Article 13-18. Technical Cooperation.

1. At the request of a Party, the other Party may provide information or technical assistance, to the extent of its capabilities and on mutually agreed terms, in order to assist compliance with this Chapter and to strengthen the standardization and metrology activities, processes, systems and measures of that Party.

2. The activities referred to in paragraph 1 include:

(a) the identification of specific needs;

(b) training and capacity building programs;

(c) the development of a mutual accreditation system for verification units and testing laboratories;

(d) the development and strengthening of formal communication systems to monitor and regulate the exchange of goods and services; and

(e) information on technical cooperation programs related to standardization measures carried out by a Party.

3. In order to carry out the activities proposed in paragraph 2, the Parties shall establish the necessary mechanisms they deem appropriate, including those referred to in paragraph 4 of Article 13-17.

Article 13-19. Technical Consultations.

1. When a Party has doubts about the interpretation or application of this Chapter, about the standardization or metrology measures of the other Party or about measures related to them, the latter may refer to the Working Group or resort to the dispute settlement mechanism provided for in Chapter XIX (Dispute Settlement). The Parties may not use both avenues simultaneously.

2. When a Party decides to resort to the Working Group, it shall notify the Working Group so that it may consider the matter or refer it to a subworking group or other competent forum, with a view to obtaining non- binding technical advice or recommendations.

3. The Working Group shall consider any matter referred to it pursuant to paragraphs 1 and 2 as expeditiously as possible and shall bring to the attention of the Parties any technical advice or recommendations it develops or receives in connection with that matter. Upon receipt by the Parties of the requested technical advice or recommendation from the Working Group, the Parties shall provide a written response to the Working Group with respect to such technical advice or recommendation within a period to be determined by the Working Group.

4. In the event that the technical recommendation issued by the Working Group does not resolve the dispute between the Parties, the Parties may resort to the dispute settlement mechanism established in Chapter XIX. If the Parties so agree, consultations held before the Working Group shall constitute consultations for purposes of Article 19-04 (Consultations).

5. A Party asserting that a standards-related measure of the other Party is inconsistent with the provisions of this Chapter shall prove the inconsistency.

Chapter XIV. Government Procurement

Section A. Definitions

Article 14-01. Definitions

For purposes of this Chapter, the following definitions shall apply:

goods of the other Party: goods originating in the territory of the other Party, in accordance with Article 14- 05;

construction services contract: a contract for the performance, by whatever means, of civil works or construction referred to in the Appendix to Annex 6 to Article 14-02;

entity: an entity included in annexes 1 to 3 to article 14-02;

technical specification: a specification that establishes the characteristics of goods or processes and related production methods, or the characteristics of services or their related methods of operation, including the applicable administrative provisions. It may also include or deal exclusively with terminology, symbols, packaging, marking or labeling requirements applicable to a good, process or method of production or operation;

bidding procedures: open, selective and restricted bidding procedures; open tendering procedures: those in which all interested suppliers may submit bids;

  • Chapter   I Initial Provisions 1
  • Article   1-01 Objectives. 1
  • Article   1-02 Relationship with other Treaties and International Agreements. 1
  • Article   1-03 Compliance with the Treaty. 1
  • Article   1-04 Succession of Treaties. 1
  • Chapter   II General Definitions 1
  • Article   2 Definitions of General Application. 1
  • Annex to Article 2-01  Country-specific definitions 1
  • Chapter   III National Treatment and Market Access for Goods 1
  • Section   A Scope of Application and National Treatment 1
  • Article   3-01 Scope of Application. 1
  • Article   3-02 National Treatment. 1
  • Section   B Customs Duties 1
  • Article   3-03 Tariff Relief. 1
  • Article   3-04 Restrictions on Duty Drawback on Exported Goods and Duty Deferral or Suspension Programs. 1
  • Article   3-05 Customs Valuation. 2
  • Article   3-06 Temporary Importation of Goods. 2
  • Article   3-07 Duty-Free Importation for Samples of No Commercial Value. 2
  • Section   C Non-Tariff Measures 2
  • Article   3-08 Import and Export Restrictions. 2
  • Article   3-09 Customs Duties. 2
  • Article   3-10 Export Taxes. 2
  • Article   3-11 Country of Origin Marking. 2
  • Article   3-12 Distinctive Products. 2
  • Section   D Publication and Notification 2
  • Article   3-13 Publication and Notification. 2
  • Section   E Provisions on Textile Goods. 2
  • Article   3-14 Temporary Flexibility Levels for Certain Goods Classified In Chapters 51 Through 63 of the Harmonized System. 2
  • Chapter   IV Agricultural Sector and Animal and Plant Health Measures 2
  • Section   A Agricultural Sector 2
  • Article   4-01 Definitions. 2
  • Article   4-02 Scope of Application. 2
  • Article   4-03 International Obligations. 2
  • Article   4-04 Market Access. 2
  • Article   4-05 Domestic Support. 3
  • Article   4-06 Export Subsidies. 3
  • Article   4-07 Agricultural Technical and Marketing Standards. 3
  • Article   4-08 Agricultural Trade Working Group. 3
  • Section   B Animal and Phytosanitary and Phytosanitary Measures 3
  • Article   4-09 Definitions. 3
  • Article   4-10 Scope of Application. 3
  • Article   4-11 Principal Rights and Obligations. 3
  • Article   4-12 International Standards and Standardizing Bodies. 3
  • Article   4-13 Equivalence. 3
  • Article   4-14 Risk Assessment and Appropriate Level of Animal and Plant Health Protection. 3
  • Article   4-15 Adaptation to Regional Conditions. 3
  • Article   4-16 Control, Inspection and Approval Procedures. 3
  • Article   4-17 Notification, Publication and Provision of Information. 3
  • Article   4-18 Information Centers. 4
  • Article   4-19 Limitations on the Provision of Information. 4
  • Article   4-20 Working Group on Animal and Plant Health Measures. 4
  • Article   4-21 Technical Consultations. 4
  • Article   4-21 Technical Cooperation. 4
  • Chapter   V Rules of Origin 4
  • Article   5-01 Definitions. 4
  • Article   5-02 Instruments of Application. 4
  • Article   5-03 Originating Goods. 4
  • Article   5-04 Regional Value Content. 4
  • Article   5-05 Value of Materials. 5
  • Article   5-06 De Minimis. 5
  • Article   5-07 Intermediate Materials. 5
  • Article   5-08 Cumulation. 5
  • Article   5-09 Expendable Goods and Materials. 5
  • Article   5-10 Sets. 5
  • Article   5-11 Indirect Materials. 5
  • Article   5-12 Accessories, Spare Parts and Tools. 5
  • Article   5-13 Containers and Packaging Materials for Retail Sale. 5
  • Article   5-14 Containers and Packing Materials for Shipment. 5
  • Article   5-15 Automotive Goods. 5
  • Article   5-16 Non-origin Conferring Transactions and Practices. 5
  • Article   5-17 Transshipment and Direct Shipment. 5
  • Article   5-18 Consultations and Modifications. 5
  • Article   5-19 Interpretation. 5
  • Article   5-20 Transitional Provisions on Regional Content. 5
  • Chapter   VI Customs Procedures 6
  • Article   6-01 Definitions. 6
  • Article   6-02 Declaration and Certification of Origin. 6
  • Article   6-03 Obligations with Respect to Imports. 6
  • Article   6-04 Export Obligations. 6
  • Article   6-05 Exceptions. 6
  • Article   6-06 Accounting Records. 6
  • Article   6-07 Procedures to Verify Origin. 6
  • Article   6-08 Review and Challenge. 6
  • Article   6-09 Sanctions. 6
  • Article   6-10 Advance Rulings. 6
  • Article   6-11 Customs Procedures Working Group. 6
  • Chapter   VII Safeguard Measures 6
  • Article   7-01 Definitions. 6
  • Article   7-02 General Provisions. 6
  • Article   7-03 Bilateral Measures. 6
  • Article   7-04 Global Measures. 6
  • Article   7-05 Procedure. 7
  • Chapter   VIII Unfair International Trade Practices 7
  • Article   8-01 Definitions. 7
  • Article   8-02 General Principle. 7
  • Article   8-03 Direct Export Subsidies. 7
  • Article   8-04 Principles for the Application of Domestic Legislation. 7
  • Article   8-05 Publication of Resolutions. 7
  • Article   8-06 Notifications and Time Limits. 7
  • Article   8-07 Rights and Obligations of the Interested Parties. 7
  • Article   8-08 Conciliation Hearing. 7
  • Article   8-09 Preliminary Determination. 7
  • Article   8-10 Clarifications. 7
  • Article   8-11 Review of Duties. 7
  • Article   8-12 Automatic Elimination of Definitive Countervailing Duties. 7
  • Article   8-13 Dispatch of Copies. 7
  • Article   8-14 Information Gathering. 7
  • Article   8-15 Public Hearings. 7
  • Article   8-16 Access to Confidential Information. 7
  • Article   8-17 Access to Non-confidential Information. 7
  • Article   8-18 Exchange of Information Through the Commission. 7
  • Article   8-19 Refund of Amounts Paid In Excess. 7
  • Article   8-20 Dispute Settlement. 7
  • Chapter   IX General Principles on Trade In Services 7
  • Article   9-01 Definitions. 7
  • Article   9-02 Scope of Application. 7
  • Article   9-03 National Treatment. 7
  • Article   9-04 Most-Favored-Nation Treatment. 7
  • Article   9-05 Local Presence. 7
  • Article   9-06 Consolidation of Measures. 7
  • Article   9-07 Quantitative Restrictions. 7
  • Article   9-08 Future Liberalization. 7
  • Article   9-09 Liberalization of Non-discriminatory Measures. 8
  • Article   9-10 Procedures. 8
  • Article   9-11 Technical Cooperation. 8
  • Article   9-12 Recognition of Professional Qualifications and Licensing. 8
  • Article   9-13 Denial of Benefits. 8
  • Article   9-14 Other Disciplines. 8
  • Article   9-15 Relationship with Multilateral Agreements on Services. 8
  • Chapter   X Telecommunications 8
  • Article   10 Definitions. 8
  • Article   10-02 Scope of Application. 8
  • Article   10-03 Access to Public Telecommunications Networks and Services and Their Use. 8
  • Article   10-04 Conditions for the Provision of Value-added Services. 8
  • Article   10-05 Standardization Measures. 8
  • Article   10-06 Monopolies. 8
  • Article   10-07 Relationship with International Organizations and Agreements. 8
  • Article   10-08 Technical Cooperation and other Consultations. 8
  • Article   10-09 Transparency. 8
  • Article   10-10 Relationship with other Chapters. 8
  • Chapter   XI Temporary Entry of Business Persons 8
  • Article   11-01 Definitions. 9
  • Article   11-02 General Principles. 9
  • Article   11-03 General Obligations. 9
  • Article   11-04 Authorization of Temporary Entry. 9
  • Article   11-05 Availability of Information. 9
  • Article   11-06 Working Group. 9
  • Article   11-07 Settlement of Disputes. 9
  • Article   11-08 Relationship with other Chapters. 9
  • Chapter   XII Financial Services 9
  • Article   12-01 Definitions. 9
  • Article   12-02 Scope of Application. 9
  • Article   12-03 Self-Regulatory Bodies. 9
  • Article   12-04 Right of Establishment. 9
  • Article   12.-05 Cross-Border Trade. 9
  • Article   12-06 National Treatment. 9
  • Article   12-07 Most-Favored-Nation Treatment. 9
  • Article   12-08 Recognition and Harmonization. 9
  • Article   12-09 Exceptions. 9
  • Article   12-10 Transparency. 10
  • Article   12-11 Financial Services Working Group. 10
  • Article   12-12 Consultations. 10
  • Article   12-13 New Financial Services and Data Processing. 10
  • Article   12-14 Senior Management and Boards of Directors. 10
  • Article   12-15 Reservations and Specific Commitments. 10
  • Article   12-16 Denial of Benefits. 10
  • Article   12-17 Transfers. 10
  • Article   12-18 Balance of Payments and Safeguard. 10
  • Article   12-19 Settlement of Disputes between the Parties. 10
  • Article   12-20 Financial Services Investment Dispute. 10
  • Annex to Article 12-11  Competent Authorities 10
  • Chapter   XIII Standardization Measures 10
  • Article   13-01 Definitions. 10
  • Article   13-02 Scope of Application. 10
  • Article   13-03 Extension of Obligations. 10
  • Article   13-04 Confirmation of International Rights and Obligations. 10
  • Article   13-05 Basic Obligations and Rights. 10
  • Article   13-06 Use of International Standards. 10
  • Article   13-07 Risk Assessment. 10
  • Article   13-08 Compatibility and Equivalence. 10
  • Article   13-09 Conformity Assessment. 10
  • Article   13-10 Metrological Standards. 11
  • Article   13-11 Health Protection. 11
  • Article   13-12 Protection of the Environment and Management of Hazardous Substances and Wastes. 11
  • Article   13-13 Labeling. 11
  • Article   13-14 Notification, Publication and Provision of Information. 11
  • Article   13-15 Information Centers. 11
  • Article   13-16 Limitations on the Provision of Information. 11
  • Article   13-17 Working Group on Standardization Measures. 11
  • Article   13-18 Technical Cooperation. 11
  • Article   13-19 Technical Consultations. 11
  • Chapter   XIV Government Procurement 11
  • Section   A Definitions 11
  • Article   14-01 Definitions 11
  • Section   B Scope of Application and Coverage. National Treatment 12
  • Article   14-02 Scope of Application. 12
  • Article   14-03 Valuation of Contracts. 12
  • Article   14-04 National Treatment and Non-Discrimination. 12
  • Article   14-05 Rules of Origin. 12
  • Article   14-06 Denial of Benefits. 12
  • Article   14-07 Prohibition of Special Compensatory Conditions. 12
  • Article   14-08 Technical Specifications. 12
  • Section   C Bidding Procedures 12
  • Article   14-09 Bidding Procedures. 12
  • Article   14-10 Qualification of Suppliers. 12
  • Article   14-11 Invitation to Participate. 12
  • Article   14-12 Selective Tendering Procedures. 12
  • Article   14-13 Time Limits for Tendering and Delivery. 12
  • Article   14-14 Basis for Tendering. 12
  • Article   14-15 Submission, Receipt and Opening of Tenders, and Award of Contracts. 12
  • Article   14-16 Restricted Tendering. 13
  • Section   D Challenge Procedures 13
  • Article   14-17 Challenge Procedures. 13
  • Section   E General Provisions 13
  • Article   14-18 Exceptions. 13
  • Article   14-19 Provision of Information. 13
  • Article   14-20 Technical Cooperation. 13
  • Article   14-21 Joint Participation Programs for Micro, Small and Medium-sized Industries. 13
  • Article   14-22 Rectifications or Modifications. 13
  • Article   14-23 Disposal of Entities. 13
  • Article   14-24 Future Negotiations. 13
  • Chapter   XV Investment 13
  • Section   A Investment 13
  • Article   15-01 Definitions. 13
  • Article   15-02 Scope of Application. 14
  • Article   15-03 National Treatment 14
  • Article   15-04 Most-Favored-Nation Treatment 14
  • Article   15-05 Performance Requirements 14
  • Article   15-06 Senior Management and Boards of Directors. 14
  • Article   15-07 Reservations and Exceptions 14
  • Article   15-08 Transfers 14
  • Article   15-09 Expropriation and Compensation 14
  • Article   15-10 Special Formalities and Reporting Requirements. 14
  • Article   15-11 Relationship with other Chapters 14
  • Article   15-12 Denial of Benefits 14
  • Article   15-13 Extraterritorial Application of a Party's Law. 14
  • Article   15-14 Measures Concerning Environment, Health and Safety 14
  • Article   15-15 Investment Promotion and Exchange of Information. 14
  • Article   15-16 Double Taxation. 14
  • Section   B Dispute Settlement between a Party and an Investor of the other Party 14
  • Article   15-17 Objective. 14
  • Article   15-18 Dispute Settlement Through Consultation and Negotiation. 14
  • Article   15-19 Claim by an Investor of a Party on Its Own Account or on Behalf of an Enterprise. 14
  • Article   15-20 Notice of Intent to Submit Claim to Arbitration. 14
  • Article   15-21 Submission of Claim to Arbitration 14
  • Article   15-22 Conditions Precedent to the Submission of a Claim to Arbitral Proceedings 14
  • Article   15-23 Consent to Arbitration 14
  • Article   15-24 Number of Arbitrators and Method of Appointment. 14
  • Article   15-25 Composition of the Tribunal In the Event of Failure of a Disputing Party to Appoint an Arbitrator or Failure to Agree on the Appointment of the Chairman of the Arbitral Tribunal 14
  • Article   15-26 Consent to Appointment of Arbitrators 14
  • Article   15-27 Consolidation of Proceedings 14
  • Article   15-28 Notification 15
  • Article   15-29 Participation by a Party 15
  • Article   15-30 Documentation 15
  • Article   15-31 Place of Arbitration Proceedings 15
  • Article   15-32 Applicable Law. 15
  • Article   15-33 Interpretation of Annexes 15
  • Article   15-34 Provisional or Precautionary Measures. 15
  • Article   15-35 Scope of Award 15
  • Article   15-36 Finality, Enforceability and Enforcement of the Award 15
  • Article   15-37 General Provisions 15
  • Article   15-38 Exclusions 15
  • Annex 1 to Article 15-07  Reservations and Exceptions 15
  • Annex 2 to Article 15-07  Schedule of Activities. Bolivia 15
  • Annex to Article 15-38  Exclusions of Mexico 15
  • Chapter   XVI Intellectual Property 15
  • Section   A General Provisions and Basic Principles 15
  • Article   16-01 Definitions. 15
  • Article   16-02 Protection of Intellectual Property Rights. 15
  • Article   16-03 Basic Principles. 15
  • Article   16-04 National Treatment. 15
  • Article   16-05 Most Favored Nation Treatment. 15
  • Article   16-06 Exceptions. 15
  • Article   16-07 Control of Abusive or Anticompetitive Practices and Conditions. 15
  • Article   16-08 Cooperation to Eliminate Trade In Infringing Goods. 15
  • Article   16-09 Promotion of Innovation and Technology Transfer. 15
  • Section   B Copyright and Related Rights 15
  • Article   16-10 Copyright. 15
  • Article   16-11 Performers. 16
  • Article   16-12 Producers of Phonograms. 16
  • Article   16-13 Protection of Program-carrying Satellite Signals. 16
  • Article   16-14 Protection of other Rights. 16
  • Section   C Industrial Property Trademarks 16
  • Article   16-15 Protectable Subject Matter. 16
  • Article   16-16 Rights Conferred. 16
  • Article   16-17 Well-known Trademarks. 16
  • Article   16-18 Registered Trademarks. 16
  • Article   16-19 Exceptions. 16
  • Article   16-20 Duration of Protection. 16
  • Article   16-21 Use of the Trademark. 16
  • Article   16-22 Other Requirements. 16
  • Article   16-23 Licensing and Assignment. 16
  • Article   16-24 Franchising. 16
  • Article   16-25 Protection of Geographical Indications and Appellations of Origin. 16
  • Article   16.26 Conditions for Protection. 16
  • Article   16-27 Term of Protection. 16
  • Article   16-28 Rights Conferred. 16
  • Article   16-29 Patentable Subject Matter. 16
  • Article   16-30 Rights Conferred. 16
  • Article   16-31 Exceptions. 16
  • Article   16-32 Other Uses without Authorization of the Right Holder. 16
  • Article   16-33 Revocation. 16
  • Article   16-34 Evidence In Cases of Infringement of Patented Processes. 16
  • Article   16-35 Duration of Protection. 16
  • Article   16-36 Protection of Utility Models. 16
  • Article   16-37 Protection of Industrial and Trade Secrets. 16
  • Article   16-38 Data Protection of Pharmochemical or Agrochemical Goods. 16
  • Section   D Enforcement of Intellectual Property Rights 16
  • Article   16-39 General Provisions. 16
  • Article   16-40 Specific Procedural Aspects and Remedies In Civil and Administrative Proceedings. 16
  • Article   16-41 Precautionary Measures. 17
  • Article   16-42 Criminal Procedures and Penalties. 17
  • Article   16-43 Enforcement of Intellectual Property Rights at the Border. 17
  • Chapter   XVII Transparency 17
  • Article   17-01 Information Center. 17
  • Article   17-02 Publication. 17
  • Article   17-03 Notification and Provision of Information. 17
  • Article   17-04 Guarantees of Hearing, Legality and Due Process of Law. 17
  • Chapter   XVIII Administration of the Treaty 17
  • Article   18-01 Administrative Commission. 17
  • Article   18-02 The Secretariat. 17
  • Annex 1 to Article 18-01  Officers of the Administrative Commission 17
  • Annex 1 to Article 18-02  Working groups 17
  • Annex to Article 18-02  Remuneration and payment of expenses 17
  • Chapter   XIX Settlement of Disputes 17
  • Article   19-01 Cooperation. 17
  • Article   19-02 Scope of Application. 17
  • Article   19-03 Dispute Settlement Under the GATT. 17
  • Article   19-04 Consultations. 17
  • Article   19-05 Intervention by the Commission, Good Offices, Conciliation and Mediation. 18
  • Article   19-06 Request for the Integration of the Arbitral Tribunal. 18
  • Article   19-07 List of Arbitrators. 18
  • Article   19-08 Qualifications of Arbitrators. 18
  • Article   19-09 Constitution of the Arbitral Tribunal. 18
  • Article   19-10 Model Rules of Procedure. 18
  • Article   19-11 Role of Experts. 18
  • Article   19-12 Preliminary Decision. 18
  • Article   19-13 Final Decision. 18
  • Article   19-14 Compliance with the Final Decision. 18
  • Article   19-15 Non-compliance - Suspension of Benefits. 18
  • Article   19-16 Interpretation of the Treaty Before Domestic Judicial and Administrative Bodies. 18
  • Article   19-17 Alternative Means of Dispute Settlement. 18
  • Annex to Article 19-02  Nullification and Impairment 18
  • Chapter   XX Exceptions 18
  • Article   20-01 General Exceptions. 18
  • Article   20-02 National Security. 18
  • Article   20-03 Exceptions to Disclosure of Information. 18
  • Chapter   XXI Final Provisions 18
  • Article   21-01 Annexes. 18
  • Article   21-02 Amendments. 18
  • Article   21-03 Convergence. 18
  • Article   21-04 Entry Into Force. 18
  • Article   21-05 Reservations. 18
  • Article   21-06 Accession. 18
  • Article   21-07 Denunciation. 18
  • Article   21-08 Evaluation of the Treaty. 18