Bolivia - Mexico FTA (1994)
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2. The Parties waive their rights under Article X1:2(c) of the GATT and those rights embodied in Article 3-07 (Import and Export Restrictions) with respect to any measure adopted or maintained on the importation of agricultural goods.

3. On or after the date of entry into force of this Agreement, no Party may refund the amount of customs duties paid, or waive, suspend or reduce the amount of customs duties owed, on any agricultural good imported into its territory that is:

(a) substituted by an identical or similar agricultural good subsequently exported to the territory of the other Party; or

(b) replaced by an identical or similar agricultural good used as a material in the production of another good subsequently exported to the territory of the other Party.

4. Notwithstanding any other provision of this Agreement, with respect to the agricultural goods listed in the Annex to this Article, any Party may maintain or adopt a prohibition or restriction, or a customs duty on the importation of such goods, in accordance with its rights and obligations under the GATT. Once a year after the entry into force of this Agreement, the Parties shall examine, through the Working Group on Agricultural Trade established under Article 4-08, the possibility of incorporating into a trade liberalization program the agricultural goods contained in that Annex.

5. Once the Parties have adopted the resolutions of the Working Group formulated under the terms of paragraph 4 for an originating agricultural good set out in the Annex to this Article, in accordance with their applicable legal procedures, that resolution shall prevail over the provisions of this Agreement for that good.

6. Where a Party applies a rate of duty to an agricultural good described in the Tariff Break Schedule that is higher than the rate specified for that good in its GATT Schedule of Tariff Concessions as of January 1, 1994, the other Party shall waive its rights under the GATT and its interpretative notes with respect to the application of the rate of duty set out in that schedule.

7. Where, under an agreement resulting from multilateral negotiations on agricultural trade under the GATT, a Party agrees to convert a prohibition or restriction on its imports of an agricultural good into a tariff rate or a customs duty, that Party may not apply to the other Party on that good, a tariff rate that is higher than the lesser of the over-quota tariff rate or the customs duty rate established in that agreement under the GATT and the tariff rate set out in its schedule contained in the Tariff Discharge Schedule.

Article 4-05. Domestic Support.

1. The Parties recognize that domestic support measures may be of vital importance to their agricultural sectors, but that they may also distort trade and affect production. In this regard, the Parties shall apply domestic support as provided for in the multilateral agricultural negotiations under the GATT and, where a Party decides to support its agricultural producers, it shall endeavor to move towards domestic support policies that:

(a) have minimal or no trade or production distorting effects; or

(b) are exempt from any domestic support reduction commitments that may be negotiated under the GATT.

2. The Parties also recognize that either Party may modify at its discretion its domestic support measures, including those that may be subject to reduction commitments, in accordance with its rights and obligations under the GATT.

Article 4-06. Export Subsidies.

1. The Parties share the objective of achieving the multilateral elimination of export subsidies on agricultural goods. In this regard, they shall cooperate in the effort to reach an agreement within the framework of the GATT.

2. No Party may maintain or introduce export subsidies on agricultural goods in its reciprocal trade after the entry into force of this Agreement. Likewise, the Parties waive their rights under the GATT to use export subsidies and any rights with respect to the use of such subsidies that may result from multilateral negotiations on agricultural trade under the GATT in their reciprocal trade.

3. Notwithstanding the provisions of paragraph 2, if at the request of the importing Party, the Parties agree on an export subsidy on an agricultural good to the territory of the importing Party, the exporting Party may adopt or maintain such subsidy.

Article 4-07. Agricultural Technical and Marketing Standards.

1. Without prejudice to the provisions of Chapter XIII (Standardization Measures), the Parties establish the Subworking Group on Agricultural Technical and Marketing Standards, composed of representatives of each Party, which shall meet annually or as otherwise agreed. This Subgroup shall review the operation of agricultural grading and quality standards affecting trade between the Parties and resolve issues that may arise in connection with the operation of such standards. The Subgroup shall report its activities to the Agricultural Trade Working Group established under Article 4-08.

2. Where a Party applies a technical or marketing standard with respect to the packaging, grade, quality and size of an agricultural good, that Party shall accord to an identical agricultural good originating in the other Party treatment no less favorable than that accorded to its identical agricultural goods with respect to the application of those standards.

Article 4-08. Agricultural Trade Working Group.

1. The Parties establish the Agricultural Trade Working Group, composed of representatives of each Party, which shall meet at least once a year and as agreed.

2. The functions of the Working Group include:

(a) monitoring and promoting cooperation to implement and administer this Section;

(b) establishing a forum for the Parties to consult on matters related to this Section; and

(c) submitting an annual report to the Commission on the implementation of this section.

Section B. Animal and Phytosanitary and Phytosanitary Measures

Article 4-09. Definitions.

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

animal: any animal, including fish and wildlife;

contaminant: any pollutant, including residues of pesticides, fertilizers and chemicals used in agriculture, as well as veterinary drugs and other foreign substances;

risk assessment: assessment of:

(a) the probability of entry, establishment and spread of a pest or disease and the potential biological, agronomic and economic consequences; or

(b) the likelihood of adverse effects on human, animal or plant life or health arising from the presence of an additive, contaminant, toxin, or disease-causing organism in a commodity;

scientific information: data or information derived from the use of scientific principles or methods;

animal or phytosanitary measure: a measure, including an end-product criterion; a process or production method directly related to the product; a test, inspection, certification or approval procedure; a relevant statistical method; a sampling procedure; a risk assessment method; a packaging and labeling requirement directly related to food safety; and a quarantine regime, such as a relevant requirement associated with the transport of animals or plants, or with material necessary for their survival during transport; that a Party adopts, maintains or applies in its territory to:

(a) protect animal or plant life or health from risks arising from the introduction, establishment or spread of a pest or disease;

(b) protect human, animal or plant life or health from risks arising from the presence of an additive, contaminant, toxin or pathogenic organism in a good;

(c) to protect human life or health from risks arising from a disease-causing organism, or from a pest carried by a good; or

(d) prevent or limit other damage from the introduction, establishment and spread of a pest or disease;

appropriate level of animal or plant health protection: the level of protection of human, animal or plant life or health that a Party considers appropriate;

international standard, guideline or recommendation: any of these established:

(a) in relation to food safety, by the Codex Alimentarius Commission, including that established by the Codex Alimentarius Committee on Fish and Fishery Products, relating to product decomposition, additives, contaminants, hygienic practices, and methods of analysis and sampling; (b) in relation to animal health, by the Codex Alimentarius Commission, including that established by the Codex Alimentarius Committee on Fish and Fishery Products, relating to product decomposition, additives, contaminants, hygienic practices, and methods of analysis and sampling;

(b) in relation to animal health and zoonoses, under the auspices of the Office International des Epizooties;

(c) in relation to plant health, under the auspices of the Secretariat of the International Plant Protection Convention; or

(d) by other international organizations to which the Parties are parties;

pest: any pest including weeds or any infectious substance that may directly or indirectly injure or cause disease to terminal plants or parts thereof and other processed or manufactured goods;

approval procedure: any registration, notification or other mandatory administrative procedure for:

(a) to approve the use of an additive for a defined purpose or under defined conditions; or

(b) establish a tolerance for a contaminant for a defined purpose or under defined conditions;

in a food, beverage or feedstuff, prior to permitting its use or marketing when any of these contain the additive or contaminant;

control or inspection procedure: any procedure used, directly or indirectly, to determine compliance with an animal or plant health measure, including sampling, testing, inspection, verification, monitoring, auditing, conformity assessment, accreditation, registration, certification, or other procedures involving the physical examination of a good, its packaging, or equipment or facilities directly related to the production, marketing, or use of a good, but does not mean an approval procedure;

good: an animal, plant or its products and by-products;

plant: any plant, including wild flora;

zone: a country, part of a country, parts of several countries or all parts of several countries;

area of low pest or disease prevalence: an area in which a specific pest or disease occurs at low levels; pest or disease free area: an area in which a specific pest or disease is not present.

Article 4-10. Scope of Application.

In order to establish a framework of rules and disciplines to guide the development, adoption and enforcement of animal and plant health measures, the provisions of this Section apply to any such measures that may directly or indirectly affect trade between the Parties.

Article 4-11. Principal Rights and Obligations.

Right to Adopt Animal and Plant Health Measures

1. Each Party may, in accordance with this Section, adopt, maintain or apply any animal or plant health or sanitary measure necessary for the protection of human, animal or plant life or health in its territory, even if it is stricter than an international standard, guideline or recommendation.

Right to Set the Level of Protection

2. Notwithstanding any other provision of this Section, each Party may set its appropriate levels of protection, in accordance with Article 4-14, to protect human, animal or plant life or health.

Scientific Principles

3. Each Party shall ensure that any animal or plant health measure it adopts, maintains or applies:

(a) is based on scientific principles, taking into account, where appropriate, relevant factors, such as different geographical conditions;

(b) is maintained only when there is a scientific basis to support it; and

(c) is based on a risk assessment appropriate to the circumstances. Non-discriminatory treatment

4. Each Party shall ensure that where identical or similar conditions exist, an animal or plant health measure it adopts, maintains or applies does not arbitrarily or unjustifiably discriminate between its goods and like goods of the other Party, or between goods of the other Party and like goods of any other country.

Unnecessary Obstacles

5. No Party shall adopt, maintain or apply animal health or phytosanitary measures that have the purpose or effect of creating unnecessary obstacles to trade between the Parties. In this regard, animal and phytosanitary measures shall not be more trade-restrictive than necessary to achieve the appropriate level of protection, taking into account technical and economic feasibility.

Disguised Restrictions

6. No Party may adopt, maintain or apply any animal health or phytosanitary measure that has the purpose or the effect of creating a disguised restriction on trade between the Parties.

Support in non-governmental bodies

7. Each Party shall ensure that any non-governmental body on which it relies for the application of an animal or plant health measure acts in a manner consistent with this Section.

Article 4-12. International Standards and Standardizing Bodies.

1. Without reducing the appropriate level of animal and plant health protection, each Party shall use, as a basis for its animal or plant health measures, relevant international standards, guidelines or recommendations in order, inter alia, to make its animal or plant health measures equivalent or, where appropriate, identical to those of the other Party.

2. An animal or plant health measure of a Party that conforms to an international standard, guideline or recommendation shall be presumed to be consistent with paragraphs 4 and 5 of Article 4-10. An animal or plant health measure that provides a different level of protection from that which would be achieved by a measure based on an international standard, guideline or recommendation shall not, on that basis alone, be considered inconsistent with the provisions of this Section.

3. Nothing in paragraph 1 shall be construed to prevent a Party from adopting, maintaining or applying, in accordance with the other provisions of this Section, an animal or plant health measure that is more stringent than the relevant international standard, guideline or recommendation.

4. Where a Party has reason to believe that an animal or plant health measure of the other Party adversely affects or may adversely affect its exports and the measure is not based on relevant international standards, guidelines or recommendations, it may request to be informed of the reasons for the measure and the other Party shall do so in writing.

5. Each Party shall participate, to the fullest extent possible, in relevant international standardizing organizations, including the Codex Alimentarius Commission, the Office International des Epizooties and the International Plant Protection Convention, with a view to promoting the development and periodic review of international standards, guidelines and recommendations.

Article 4-13. Equivalence.

1. Without reducing the appropriate level of animal or plant health protection, the Parties shall, to the greatest extent possible and in accordance with this Section, seek equivalence of their respective measures.

2. The importing Party shall:

(a) shall treat an animal or plant health measure adopted or maintained by the exporting Party as equivalent to one of its own, where the exporting Party, in cooperation with the importing Party, provides it with scientific or other information, in accordance with risk assessment methods agreed by them, to demonstrate objectively, subject to subparagraph (b), that the exporting Party's measure achieves the importing Party's appropriate level of protection;

(b) may, where it has a scientific basis for doing so, determine that the exporting Party's measure does not meet the importing Party's appropriate level of protection; and

(c) shall provide in writing to the exporting Party, upon request, its reasons for a finding under subparagraph (b).

3. For the purpose of establishing equivalence between animal and plant health measures, the exporting Party shall, at the request of the importing Party, adopt such reasonable procedures as may be available to it to facilitate access to its territory for inspection, testing and other relevant resources.

4. In developing an animal or plant health measure, each Party shall consider the relevant existing or proposed animal or plant health measures of the other Party.

Article 4-14. Risk Assessment and Appropriate Level of Animal and Plant Health Protection.

In conducting a risk assessment, each Party shall take into account:

(a) relevant risk assessment methods and techniques developed by international standardizing organizations;

(b) available scientific and technical information;

(c) relevant process and production methods;

(d) relevant inspection, sampling and testing methods;

(e) the existence of pests or diseases to be taken into account, including the existence of pest or disease free areas and areas of low pest or disease prevalence;

(f) ecological and other environmental conditions to be considered; or (g) relevant applicable treatments to the satisfaction of the importing Party, such as quarantines.

2. In addition to paragraph 1, in establishing its appropriate level of animal and plant health protection in relation to the risk associated with the introduction, establishment or spread of a pest or disease, and in assessing the risk, each Party shall also take into account, where relevant, the following economic factors:

(a) the loss of production or sales that could result from the pest or disease;

(b) the costs of controlling or eradicating the pest or disease in its territory; and

(c) the cost-effectiveness of other options to limit the risks.

3. Each Party shall, in establishing its appropriate levels of animal and plant health protection:

(a) take into account the objective of minimizing negative effects on trade; and

(b) avoid making distinctions, under different circumstances, that may result in arbitrary or unjustifiable discrimination against a good of the other Party or constitute a disguised restriction on trade between the Parties, with the objective of achieving consistency in those levels of protection.

4. Notwithstanding paragraphs 1 through 3 and paragraph 3(c) of Article 4-10, where a Party conducts a risk assessment and concludes that the available information, including scientific information, is insufficient to complete the assessment, it may adopt a provisional animal or plant health measure, based on available relevant information, including information from international standardizing organizations and the other Party's animal or plant health measures. Once it has sufficient information to complete the risk assessment, the Party shall, within a reasonable period of time, review and, where appropriate, modify the provisional animal or phytosanitary measure in the light of that assessment.

5. Where a Party is able to achieve its appropriate level of protection through the gradual application of an animal or plant health measure, it may, on request of the other Party and in accordance with this Section, allow such gradual application or grant specific exemptions for the measure, for limited periods, taking into account the export interests of the requesting Party.

Article 4-15. Adaptation to Regional Conditions.

1. Each Party shall adapt any of its animal or plant health measures related to the introduction, establishment or spread of a pest or disease to the animal or plant health characteristics of the area where a good subject to that measure is produced and the area in its territory to which the good is destined, taking into account any relevant conditions, including those relating to transport and loading between those areas. In assessing the animal and plant health characteristics of an area, taking into account whether it is a pest-free or disease-free area, or is an area of low pest or disease prevalence, and may be retained as such, as the case may be, each Party shall take into account, among other factors:

(a) the prevalence of pests or diseases in that area;

(b) the existence of eradication or control programs in that area; and

(c) any relevant standards, guidelines or recommendations.

2. In addition to paragraph 1, each Party, when establishing whether an area is a pest-free or disease-free area, or is an area of low pest or disease prevalence, shall base its judgement on factors such as geographical conditions, ecosystems, epidemiological surveillance and the effectiveness of animal or plant health controls in that area.

3. An area in the territory of the exporting Party shall be recognized by the importing Party as a pest-free or disease-free area, or an area of low pest or disease prevalence, and may be retained as such, as the case may be, when the exporting Party provides the importing Party with sufficient scientific or other information to demonstrate this to the satisfaction of the importing Party. For this purpose, the exporting Party shall, upon request, provide the importing Party with reasonable access in its territory for inspection, testing and other relevant procedures.

4. Each Party may, in accordance with this Section:

(a) adopt, maintain or apply a different risk assessment procedure for a pest-free or disease-free area than for an area of low pest or disease prevalence; or

(b) determine a different final destination for the disposal of a good produced in a pest-free or disease-free area than for a good produced in an area of low pest or disease prevalence;

taking into account any relevant conditions, including those related to transportation and loading.

5. In adopting, maintaining or applying an animal or plant health measure in relation to the introduction, establishment or spread of a pest or disease, each Party shall accord to a good produced in a pest-free or disease-free area in the territory of the other Party treatment no less favorable than that accorded to a good produced in a pest-free or disease-free area in another country presenting the same level of risk. The Party shall use equivalent risk assessment techniques to evaluate the relevant conditions and controls in the pest-free or disease-free area and in the area adjacent to that area, and shall take into account any relevant conditions, including those related to transportation and cargo.

6. The importing Party shall seek agreement with the exporting Party, upon request, on specific requirements, compliance with which would allow a good produced in an area of low pest or disease prevalence in the territory of the exporting Party to be imported into the territory of the importing Party if it achieves the level of protection required by the importing Party.

Article 4-16. Control, Inspection and Approval Procedures.

1. Each Party shall, in relation to any control or inspection procedure it carries out:

(a) initiate and conclude the procedure as expeditiously as possible and in a manner no less favorable to a good of the other Party than to a like good of the Party or of any other country;

(b) publish the normal duration of the procedure or communicate to any person requesting it the expected duration of the procedure;

(c) ensure that the competent body:

(i) upon receipt of an application, promptly examines the completeness of the documentation and informs the applicant accurately and fully of any deficiencies;

(ii) as soon as possible, transmits to the applicant the results of the procedure in an accurate and complete manner, so that any necessary corrective action can be taken;

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

(iv) report, at the request of the applicant, on the status of the application and the reasons for any delay;

(d) limit the information to be submitted by the applicant to that necessary to carry out the procedure;

(e) grant to confidential or proprietary information arising from the conduct of the proceeding for an asset of the other Party, or submitted in connection with such information:

(i) treatment no less favorable than that accorded to an asset of the Party; and

(ii) treatment that protects the legitimate commercial interests of the applicant in accordance with the law of that Party;

(f) limit any requirement with respect to individual specimens or samples of a good to what is reasonable or necessary;

(g) shall not charge a higher fee for carrying out the procedure on a good of the other Party than on its goods or the goods of another country, taking into account the costs of communication, transportation and other related costs;

(h) use criteria for selecting the location of the facilities where the proceeding is conducted so as not to cause unnecessary inconvenience to an applicant or its representative;

(i) provide a mechanism for reviewing complaints related to the operation of the procedure and for taking corrective action when a complaint is substantiated;

(j) use criteria for selecting samples of goods that do not cause unnecessary inconvenience to an applicant or its representative; and

(k) in the case of a good that has been modified subsequent to the determination that it complies with the requirements of the applicable animal or plant health measure, limit the procedure to what is necessary to establish that it continues to comply with the requirements of that measure.

2. Each Party shall apply to its approval procedures the relevant provisions of subparagraphs (a) through (i) of paragraph 1, with the necessary modifications.

3. When, at the stage of production of a good, the importing Party requires to carry out a control or inspection procedure, the exporting Party shall, at the request of the importing Party, take such reasonable measures as may be available to it to provide the importing Party with access to its territory in order to carry out its control or inspection procedure. The exporting Party shall also provide the importing Party with the assistance necessary for this purpose.

4. A Party maintaining an approval procedure may establish an authorization requirement for the use of an additive, or set a tolerance level for a contaminant in a food, beverage or feedstuff, in accordance with that procedure, prior to granting access to its domestic market for that food, beverage or feedstuff containing that additive or contaminant. Where that Party so requires, it may adopt a relevant international standard, guideline or recommendation as a basis for granting access to such goods, pending completion of the procedure.

Article 4-17. Notification, Publication and Provision of Information.

1. In addition to the provisions of Articles 17-02 (Publication) and 17-03 (Notification and Provision of Information), when proposing the adoption or modification of an animal or plant health measure of general application, each Party shall:

(a) at least 60 days in advance, publish a notice and notify the other Party in writing of its intention to adopt or modify that measure, other than a law, and publish and provide to the other Party the full text of the proposed measure in a manner that will enable interested persons to become familiar with the proposal;

(b) identify in the notice and notification the good to which the measure would apply, and include a brief description of the objective of, and the reasons for, the measure;

(c) provide a copy of the proposed measure to the other Party or interested person that so requests and, where possible, identify any provision that departs in substance from relevant international standards, guidelines or recommendations; and

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

2. Each Party shall, through appropriate measures, seek to ensure, with respect to an animal or plant health measure that a competent authority other than a central or federal government authority, as the case may be, intends to adopt or modify:

(a) that notice and notification of the type required in subparagraphs (a) and (b) of paragraph 1 is made at an appropriate initial stage prior to its adoption; and

(b) compliance with subparagraphs (c) and (d) of paragraph 1.

  • 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