Bolivia - Mexico FTA (1994)
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(iv) import data for each of the last three years that constitute the basis that such good is being imported in increasing quantities, either in absolute terms, or relative to domestic production;

(v) data on the total domestic production of the identical, similar or directly competitive good for the last three years; and

(vi) data showing injury or threat of injury caused by imports of the good in question in accordance with subparagraphs (b) and (c);

(i) the application of paragraphs 4 and 5 may only be adopted after the conclusion of the prior consultation period;

(j) during the consultation period the exporting Party shall make any comments it considers relevant;

(k) the exporting Party shall apply paragraphs 4 and 5 at the conclusion of the consultation period under subparagraph (f) if any of the circumstances set out in paragraph 7 are found to exist; and

(I) in the event that the exporting Party does not apply paragraphs 4 and 5 under subparagraph (j), the importing Party shall have the right to withdraw the preferential tariff treatment provided for in this Agreement for that good.

13. The Parties shall consult annually on the implementation of this Article.

Article 3-05. Customs Valuation.

1. The customs value of an imported good shall be determined in accordance with the principles of the Customs Valuation Code.

2. The dutiable base on which customs duties shall be applied to goods imported from the other Party shall not be the value of a good produced in the territory of the importing Party, nor an arbitrary or fictitious value.

Article 3-06. Temporary Importation of Goods.

1. For purposes of this Article, the following definitions shall apply:

goods imported for sporting purposes: sporting equipment for use in competitions, sporting events or training in the territory of the Party into which it is imported;

goods for exhibition or demonstration purposes: goods for exhibition or demonstration purposes, including components, auxiliary apparatus and accessories;

advertising films: recorded visual media, with or without sound, consisting essentially of images showing the nature or functioning of goods or services offered for sale or rental by a person established or resident in the territory of a Party, provided that the films are suitable for exhibition to potential customers, but not for dissemination to the general public; and are imported in packages each containing not more than one copy of each film, and are not part of a larger consignment.

2. Each Party shall authorize the temporary importation without payment of customs duty of at least the following goods that are imported from the territory of the other Party, regardless of their origin and regardless of whether similar goods, direct competitors or substitutes are available in the territory of the Party:

(a) professional equipment necessary for the exercise of the activity, trade or profession of a business person;

(b) press equipment or equipment for the broadcasting of radio or television signals and cinematographic equipment;

(c) goods imported for sporting purposes, or for exhibition or demonstration; and d) commercial samples and advertising films.

3. Except as otherwise provided in this Agreement, the Parties may subject the temporary importation without payment of customs duty of a good of the type referred to in subparagraphs (a), (b) or (c) of paragraph 2 to any of the following conditions, provided that no additional conditions may be adopted:

(a) the good is imported by a person of the other Party or its representative;

(b) the good is used exclusively by the person or by his representative, or under his personal supervision, in the course of his trade, craft or profession;

(c) that the good is not sold, leased or otherwise disposed of while it remains in its territory;

(d) that the good is accompanied by a bond not exceeding 110% of the charges that would be due, if any, for entry or final importation, or the other form of security, refundable at the time of exportation of the good, except that no bond may be required for customs duties on an originating good;

(e) that the good is capable of identification when exported;

(f) that the good is exported upon departure of the person or his representative, or within a period of time reasonably corresponding to the purpose of the temporary importation;

(g) that the good is imported in quantities not greater than is reasonable in accordance with its intended use; and

(h) that the good is re-exported in the same condition in which it was imported.

4. Except as otherwise provided in this Agreement, the Parties may make the temporary importation without payment of customs duty of a good of the type referred to in paragraph 2(d) subject to any of the following conditions, provided that no additional conditions may be adopted:

(a) the good is imported only for the purpose of lifting orders for goods or services to be supplied from the territory of the other Party or from another non-Party;

(b) the good is not for sale or lease and is used only for demonstration or exhibition while remaining in its territory;

(c) the good is capable of identification when exported;

(d) the good is exported within a period of time reasonably corresponding to the purpose of the temporary importation;

(e) that the good is imported in quantities not greater than is reasonable in accordance with its intended use; and

(f) the good is accompanied by a bond not exceeding 110% of the charges, if any, that would be due on entry or final importation, or such other form of security, refundable upon exportation of the good, except that no bond may be required for customs duties on an originating good.

5. Where a good that is temporarily imported fails to meet any of the conditions that a Party imposes under paragraphs 3 and 4, that Party may apply the customs duties and any other charges that would be due on the entry or final importation of the good.

Article 3-07. Duty-Free Importation for Samples of No Commercial Value.

For the purposes of this article, samples of no commercial value shall be understood to mean goods representative of a class of goods already produced or a model the production of which is planned. It does not include identical goods imported by the same person or sent to a single consignee, in such quantity that, taken as a whole, they constitute an ordinary import subject to the payment of customs duties.

2. Each Party shall authorize the importation free of customs duty of samples of no commercial value from the territory of the other Party.

Section C. Non-Tariff Measures

Article 3-08. Import and Export Restrictions.

1. Except as otherwise provided in this Agreement, no Party may adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except as provided in Article XI of the GATT, including its interpretative notes. For this purpose, Article XI of the GATT and its interpretative notes are incorporated into and made an integral part of this Agreement.

2. The Parties understand that the GATT rights and obligations embodied in paragraph 1 prohibit, in all circumstances in which any other type of restriction is prohibited, the establishment of minimum export and import prices, except as permitted for the application of sanctions and countervailing duty commitments.

3. Where a Party adopts or maintains a prohibition or restriction on the importation of goods from a non- Party or the exportation of goods to a non-Party, nothing in this Agreement shall be construed to prevent it from:

(a) limiting or prohibiting the importation of the goods of the non-Party from the territory of the other Party; or

(b) requiring as a condition for the exportation of such goods from the Party to the territory of the other Party that the goods not be re-exported to the non-Party, directly or indirectly, without being processed or manufactured in the territory of the other Party in a manner that results in a substantial change in the value, form or use of the goods, or in the production of another good.

4. In the event that a Party adopts or maintains a prohibition or restriction on the importation of a good from a non-Party, at the request of either Party, the Parties shall consult with a view to preventing the measure from interfering with or causing undue distortions in the pricing, marketing and distribution mechanisms in the other Party.

5. Paragraphs 1 through 4 do not apply to the measures set out in the Annex to Articles 3-02 and 3-08.

Article 3-09. Customs Duties.

1. No Party shall levy customs duties on originating goods for the service provided by customs.

2. The Parties shall be subject to the provisions of the Annex to this Article.

Article 3-10. Export Taxes.

1. Except as provided in this Article, no Party shall adopt or maintain any tax, levy or charge on the exportation of a good to the territory of the other Party, unless such taxes, levies or charges are also adopted or maintained on that good when it is destined for domestic consumption.

2. Each Party may maintain or adopt a tax, levy or other charge on the export of the basic foodstuffs listed in paragraph 3, on their ingredients, or on the goods from which those foodstuffs are derived, if that tax, levy or charge is used:

(a) to ensure that the benefits of a domestic food assistance program involving such foodstuffs are received only by consumers in the Party applying that program; or

(b) to ensure the availability of sufficient quantities of the foodstuffs intended for domestic consumers, or sufficient quantities of their ingredients or of the goods from which such foodstuffs are derived, to a domestic processing industry when the domestic price of such foodstuffs is held below the world price as part of a government stabilization program, provided that such taxes, levies or charges do not have the effect of increasing the protection afforded to the domestic industry and are maintained only for the period necessary to preserve the integrity of such program.

3. For purposes of paragraph 2, "basic foodstuffs" means:

Vegetable oil

Rice

Canned tuna White sugar Brown sugar

Beef steak or pulp Soluble coffee Roasted coffee Ground beef

Beer

Packaged chili Chocolate powder Chicken concentrate Beans

Popular sweet cookies Crackers

Jellies

Corn flour

Wheat flour

Beef liver

Oat flakes

Egg

Cooked ham

Condensed milk Powdered milk Powdered milk for children Evaporated milk Pasteurized milk Vegetable shortening Margarine

Corn dough

White bread

Boxed bread

Soup pasta

Tomato puree Bottled soft drinks Bone-in slices

Salt

Canned sardines Corn tortilla

4. Notwithstanding paragraph 1, each Party may adopt or maintain a tax, levy or charge on the export of any foodstuff to the territory of the other Party if that tax, levy or charge is applied temporarily to alleviate a critical shortage of that foodstuff. For purposes of this paragraph, "temporarily" means up to one year, or such longer period as the Parties may agree.

5. Paragraph 1 does not apply to the measures set out in the Annex to this Article.

Article 3-11. Country of Origin Marking.

The Annex to this Article applies to measures related to country of origin marking.

Article 3-12. Distinctive Products.

The annex to this article applies to the products indicated therein.

Section D. Publication and Notification

Article 3-13. Publication and Notification.

1. Each Party shall promptly publish and notify the laws, regulations, procedures and administrative provisions of general application that it has brought into force and that relate to the classification, valuation or customs valuation of goods, to rates of customs duties, taxes or other charges or to import or export measures, restrictions or prohibitions, or the transfer of payments relating thereto, or to the sale, distribution, transportation, insurance, storage, inspection, exhibition, processing, mixing or other use of such goods, so that governments and interested traders or persons of the other Party may be aware of them. Each Party shall also publish agreements relating to international trade policy and in force between the government or a government agency of that Party and the government or a government agency of the other Party.

2. No Party shall apply prior to their official publication any measure of a general nature adopted by that Party that has the effect of increasing a customs duty or other charge on the importation of goods of the other Party under established and uniform usage, or that imposes a new or more burdensome measure, restriction or prohibition on imports of goods of the other Party or on transfers of funds relating thereto.

3. Each Party shall identify in terms of the tariff items and nomenclature corresponding to them according to their respective tariffs, the measures, restrictions or prohibitions on the importation or exportation of goods for reasons of national security, public health, preservation of flora or fauna, preservation of the environment, plant and animal health, standards, labels, international commitments, public order requirements or any other regulations.

Section E. Provisions on Textile Goods.

Article 3-14. Temporary Flexibility Levels for Certain Goods Classified In Chapters 51 Through 63 of the Harmonized System.

1. Each Party shall accord to certain goods classified in Chapters 51 through 63 of the Harmonized System, produced in the territory of the other Party in accordance with the provisions of paragraph 2 and imported into its territory, the preferential tariff treatment provided for in the Tariff Discharge Schedule for originating goods, in accordance with the amounts and dates set out in the Annex to this Article.

2. For purposes of this Article:

(a) yarns and threads classified in headings 51.06 through 51.10, 52.04 through 52.07, 53.07 through 53.08, and 55.08 through 55.11 of the Harmonized System shall be wholly produced in the territory of the exporting Party from non-originating fiber;

b) goods classified in headings 54.01 through 54.06 of the Harmonized System shall be wholly produced in the territory of the exporting Party from non-originating materials;

c) fabrics classified in headings 51.11 through 51.13, 52.08 through 52.12, 53.10 through 53.11, 54.07 through 54.08, 55.12 through 55.16 and 60.01 through 60.02 of the Harmonized System must be wholly knitted or woven in the territory of the exporting Party from non-originating yarn or thread;

d) textile goods classified in Chapters 56 through 59 of the Harmonized System must be wholly produced in the territory of the exporting Party from non-originating fabric, yarn or thread; and

e) apparel and other manufactured goods classified in Chapters 61 through 63 of the Harmonized System shall be wholly cut or knit to shape, and sewn or otherwise assembled in the territory of the exporting Party from non-originating fabric, yarn or thread.

3. The total annual amounts set out in the Annex to this Article may not be allocated to goods classified in a given heading in an amount exceeding 20% of the total annual amount.

4. Beginning January 15, 1999, each Party shall grant preferential tariff treatment only to originating goods classified in Chapters 50 through 63 of the Harmonized System.

5. With respect to the importation of goods in excess of the amounts set out in the Annex to this Article, each Party shall grant preferential tariff treatment under the Tariff Discharge Program only if they comply with the corresponding rule of origin set out in the Annex to Article 5-03 (Specific Rules of Origin).

Chapter IV. Agricultural Sector and Animal and Plant Health Measures

Section A. Agricultural Sector

Article 4-01. Definitions.

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

agricultural good: a good classified in any of the following chapters, headings or subheadings of the Harmonized System:

(Descriptions are provided for reference purposes).

Chapter 01 to 24 (except fish and fish products)

subheading 2905.43 mannitol

subheading 2905.44 sorbitol

subheading 2918.14 citric acid

subheading 2918.15 citric acid salts and esters

subheading 2936.27 vitamin C and its derivatives

heading 33.01 essential oils

headings 35.01 to 35.05 |albuminoid materials, modified starch products, modified starch-based products subheading 3809.10 finishing and finishing products

subheading 3823.60 sorbitol n.o.s.

headings 41.01 to 41.03 hides and skins

heading 43.01 raw furskin

headings 50.01 to 50.03 raw silk and silk waste

headings 51.01 to 51.03 |wool and hair

headings 52.01 to 52.03 |seed cotton, cotton waste and carded or combed cotton heading 53.01 raw linen

item 53.02 raw hemp

fish and fish products: fish, crustaceans, mollusks or any other aquatic invertebrates, marine mammals and their derivatives, classified in any of the following chapters, headings or subheadings of the Harmonized System:

(Descriptions are provided for reference purposes).

Chapter 03 Fish and Crustaceans, Mollusks and other Aquatic Invertebrates

item 05.07 ivory, tortoise shell, marine mammals, horns, antlers, hooves, hoofs, claws, claws and beaks, and their products

item 05.08 coral and similar products

item 05.09 natural sponges of animal origin

item 05.11 products of fish or crustaceans, molluscs or any other marine invertebrate; dead animals of Chapter 03

item 15.04 fats or oils and their fractions, from fish or marine mammals

item 16.03 non-meat extracts and juices

item 16.04 fish preparations or canned fish

item 16.05 prepared or preserved crustaceans or mollusks and other marine invertebrates

subheading 2301.20 meal, feed, fish pellets

Export subsidies:

(a) the granting of direct export subsidies, including payments in kind, by governments or public agencies, to an enterprise, an industry, producers of an agricultural good, a cooperative or other association of such producers, or a marketing board;

(b) the sale or placement for export of non-commercial stocks of agricultural goods by governments or public bodies at a price lower than the comparable price charged to purchasers in the domestic market for a similar agricultural good;

(c) payments for the export of agricultural goods financed by virtue of governmental action, whether or not involving a charge on government accounts, including payments financed out of the proceeds of a levy imposed on the agricultural good in question or on an agricultural good from which the exported agricultural good is derived;

(d) the provision of subsidies to reduce the costs of marketing exports of agricultural goods (other than readily available export promotion and advisory services), including handling, processing and other processing costs, and international transportation and freight costs;

(e) internal transportation and freight costs for export shipments established or imposed by governments on terms more favorable than for domestic shipments;

(f) subsidies on agricultural goods contingent upon their incorporation into exported goods.

Article 4-02. Scope of Application.

1. This Section applies to measures adopted or maintained by any Party relating to agricultural trade.

2. In the event of inconsistency between the provisions of this Section and any other provision of this Agreement, the provisions of this Section shall prevail to the extent of the inconsistency.

Article 4-03. International Obligations.

A Party, before adopting a measure under an intergovernmental agreement on goods under Article XX(h) of the GATT that may affect trade in an agricultural good between the Parties, shall consult with the other Party to avoid nullifying or impairing a concession granted by that Party in its Schedule to the Tariff Break Schedule.

Article 4-04. Market Access.

1. The Parties shall facilitate access to their respective markets by reducing or eliminating barriers to trade in agricultural goods and shall not establish new barriers to trade between them.

  • 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