Bolivia - Mexico FTA (1994)
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Article 9-09. Liberalization of Non-discriminatory Measures.

Each Party may negotiate the liberalization of quantitative restrictions, licensing requirements and other non- discriminatory measures. The Parties shall inscribe the commitments acquired in the Annex to this Article.

Article 9-10. Procedures.

The Parties shall establish procedures for:

(a) a Party to notify the other Party and include in the appropriate annex:

(i) federal or central measures, in accordance with paragraphs 2 and 3 of Article 9-06;

(ii) state or departmental measures, in accordance with paragraph 4 of Article 9-06;

(iii) non-discriminatory quantitative restrictions, in accordance with Article 9-07;

(iv) commitments under Article 9-09; and

(v) modifications to the measures referred to in Article 9-06; and (vi) modifications to the measures referred to in Article 9-09.

(b) the conclusion of future negotiations aimed at perfecting the overall liberalization of services between the Parties, in accordance with Article 9-08.

Article 9-11. Technical Cooperation.

From the entry into force of this Agreement, the Parties shall establish a system to provide service suppliers with information concerning their markets in relation to:

(a) the commercial and technical aspects of the supply of services;

(b) the possibility of obtaining services technology; and

(c) those aspects that the Commission considers relevant on this subject.

Article 9-12. Recognition of Professional Qualifications and Licensing.

1. With a view to ensuring that any measure that a Party adopts or maintains with respect to the requirements and procedures for the granting of licenses and the recognition of qualifications to nationals of the other Party does not constitute an unnecessary barrier to trade, each Party shall endeavor to ensure that such measures:

(a) are based on objective and transparent criteria, such as ability and fitness to provide a service;

(b) are no more burdensome than necessary to ensure the quality of a service; and

(c) do not constitute a disguised restriction on the cross-border provision of a service.

2. Where a Party revalidates, unilaterally or by agreement with another country, licenses or professional qualifications obtained in the territory of the other Party or of any non-Party:

(a) nothing in Article 9-04 shall be construed to require that Party to revalidate studies, licenses or professional qualifications obtained in the territory of the other Party; and

(b) that Party shall provide the other Party with adequate opportunity to demonstrate that studies, licenses or professional qualifications obtained in the territory of that other Party shall also be revalidated, or to negotiate or enter into an agreement having equivalent effect.

3. Each Party shall, within two years of the entry into force of this Agreement, eliminate any nationality or permanent residence requirements it maintains for the licensing of professional service suppliers of the other Party. Where a Party fails to comply with this obligation with respect to a particular sector, the other Party may maintain, in the same sector and for as long as the non-complying Party maintains its requirement, as the sole remedy, a requirement equivalent to that indicated in its Schedule to the Annex to this Article or reinstate:

(a) any such requirement at the federal or central level that it has eliminated under this Article; or

(b) any such requirements at the state or departmental level that had been in effect on entry into force of this Agreement, by notification to the Party in breach.

4. The Annex to this Article sets out procedures for the recognition of education, experience and other standards and requirements governing professional service suppliers.

Article 9-13. Denial of Benefits.

A Party may deny benefits under this Chapter to a service supplier of the other Party, after notification and consultations, where the Party determines that the service is being supplied by an enterprise owned or controlled by persons of a non-Party; and

(a) the enterprise is not engaged in substantial business activities in the territory of any Party; or

(b) the Party denying the benefits:

(i) does not maintain diplomatic relations with the non-Party; and

(ii) adopts or maintains measures with respect to the non-Party that prohibit transactions with that enterprise, or that would be violated or circumvented if the benefits of this Chapter were accorded to that enterprise.

Article 9-14. Other Disciplines.

1. The Commission shall determine the procedures for the establishment of disciplines necessary to regulate:

(a) safeguard measures; and

(b) the imposition of countervailing duties.

2. For the purposes of paragraph 1, the Commission shall monitor the work carried out by the relevant international organizations and, where appropriate, take them into account.

Article 9-15. Relationship with Multilateral Agreements on Services.

1. The Parties undertake to apply among themselves the provisions contained in the multilateral agreements on services to which the Parties are parties.

2. Notwithstanding the provisions of paragraph 1, in the event of incompatibility between the provisions of such agreements and those of this Agreement, the latter shall prevail to the extent of the incompatibility.

Chapter X. Telecommunications

Article 10. Definitions.

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

intracorporative communications: the telecommunications through which a company communicates:

a) internally or with its subsidiaries, branches and subsidiaries as defined by each Party, or between them; or

b) in a non-commercial manner, with all persons of fundamental importance for the economic activity of the company, and who maintain a continuous contractual relationship with it, but does not include telecommunications services that are provided to third parties other than those described;

Authorized equipment: terminal or other equipment that has been approved to connect to the public telecommunications network in accordance with the procedures for assessing the conformity of a Party;

terminal equipment: any digital or analog device capable of processing, receiving, switching, signaling or transmitting signals through electromagnetic means and which is connected to the public telecommunications network at a terminal point;

standardization measure: a "standardization measure", as defined in chapter XIII (Standardization measures);

conformity assessment procedure: a "conformity assessment procedure", as defined in chapter XIll (Standardization measures);

protocol: a set of rules and formats that govern the exchange of information between two peer entities, for purposes of the transfer of information of signals or data;

terminal point of the network: the final demarcation of the public telecommunications network in the user's facilities;

private network: a telecommunications network that establishes a person with its own infrastructure or by leasing channels or circuits of public telecommunications networks for the use of their internal communications or those substantially related to their productive process or services;

public telecommunications network: the physical infrastructure that allows the provision of public telecommunications services;

broadcasting services: the broadcasting services of radio and television programs;

value-added services : telecommunications services that employ computerized processing systems that:

a) act on the format, content, code, protocol or similar aspects of the information transmitted from the user;

b) provide the client with additional, different or restructured information; or

c) involve the user's interaction with stored information;

public telecommunications service : any fixed or mobile telecommunications service that a Party obliges explicitly or in fact, to be offered to the public in general and that, usually, involves the transmission in real time of information provided by the client between two or more points, without change "from point to point" in the form or content of the user's information;

Fixed rate: the pricing based on a fixed amount per period, regardless of the amount of use; telecommunications: the transmission and reception of signals by any electromagnetic means.

Article 10-02. Scope of Application.

1. Recognizing the dual role of telecommunications services, as a specific sector of economic activity and as a means of providing services for other economic activities, this chapter applies to:

a) the measures adopted or maintained by a Party, related to the provision of public telecommunications services;

b) the measures adopted or maintained by a Party, related to access to public telecommunications networks or services and their continuous use by persons of the other Party, including their access and use when operating private networks to carry out intracorporate communications;

c) the measures adopted or maintained by a Party on the provision of value-added services by persons of the other Party in the territory of the first or across its borders;

d) measures relating to standardization with respect to the connection of terminal equipment or other equipment to public telecommunications networks.

2. Nothing in this chapter shall be construed as:

a) compel any Party to authorize a person of the other Party to establish, build, acquire, lease, operate or supply telecommunications networks or services;

b) compel any Party to establish, build, acquire, acquire, lease, operate or supply public telecommunications networks or services that are not offered to the general public;

c) allow a Party to require a person to establish, build, acquire, lease, operate or supply public telecommunications networks or services that are not offered to the general public;

d) prevent any Party from prohibiting persons operating private networks from using these networks to supply public telecommunications networks or services to third parties; or

e) compel a Party to require any person who broadcasts or distributes by cable television or radio programs, to offer its broadcasting or cable facilities as a public telecommunications network.

3. Notwithstanding the provisions of paragraph 2, in case of emergency, the operators of the telecommunications services of the Parties shall collaborate with the authorities in the transmission of the communications they require, fora prudential period of time.

Article 10-03. Access to Public Telecommunications Networks and Services and Their Use.

1. Each Party shall ensure that any person of the other Party has access to and can make use of any public telecommunications network or service, including leased private circuits, offered in its territory or cross-border on reasonable terms and conditions and non-discriminatory, for the conduct of their business, as specified in paragraphs 2 to 8.

2. Subject to the provisions of paragraphs 7 and 8, each Party shall ensure that the persons of the other Party are allowed to:

a) purchase or lease and connect the terminal equipment or other equipment that interfaces with the public telecommunications network, which does not technically affect that network or degrade it;

b) interconnect private networks, leased or owned, with public telecommunications networks in that Party's territory or across its borders, including access by direct dialing to its users or customers and from them, or with leased or proprietary circuits another person, on terms and conditions mutually accepted by those persons, in accordance with the provisions in force in each Party;

c) perform switching, signaling and processing functions; AND d) use the operating protocols they choose.

3. Each Party shall endeavor to:

a) the pricing for public telecommunications services reflects the economic costs directly related to the provision of those services; and

b) Leased private circuits are available on the basis of a fixed fee or described by the tariff mechanism in force in each Party.

4. Nothing in paragraph 3 shall be interpreted as preventing cross subsidies between public telecommunications services.

5. Each Party shall ensure that persons of the other Party may use public telecommunications networks or services to transmit information in its territory or across its borders, including for intra- corporate communications and for access to information contained in databases or stored in any other form that is readable by a machine in the territory of any Party.

6. The Parties may adopt any measure necessary to ensure the confidentiality and security of the messages and the protection of the privacy of the subscribers of public telecommunications networks or services.

7. Each Party shall ensure that no more conditions are imposed on access to and use of public telecommunications networks or services than those necessary to:

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

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

8. Provided that the conditions for access to public telecommunications networks or services and their use comply with the guidelines established in paragraph 7, those conditions may include:

a) Restrictions on the resale or shared use of such services;

b) requirements to use specific technical interfaces, including interface protocols for interconnection with the aforementioned networks or services;

c) restrictions on the interconnection of private, leased or owned circuits with the aforementioned networks or services, or with leased or owned circuits of another person, which are used for the supply of public telecommunications networks or services;

d) procedures for granting concessions, licenses, permits or registrations that, if adopted or maintained, are transparent and whose application process is resolved expeditiously; and

e) restrictions on use in situations that endanger national security due to activities related to drug trafficking or other illicit activities.

Article 10-04. Conditions for the Provision of Value-added Services.

1. Considering the strategic role of value-added services to increase the competitiveness of all economic activities, the Parties establish the necessary conditions for their provision, taking into account the procedures and information required for this purpose.

2. Each Party shall ensure that:

a) any procedure adopted or maintained to grant permits or registrations regarding the provision of value-added services is transparent and non-discriminatory and that requests are processed expeditiously; and

b) the information required under these procedures is limited to that necessary to prove that the applicant has the financial and technical capacity to initiate the provision of the service, or that the services or terminal equipment or other equipment of the applicant comply with the measures of applicable standardization of the Party.

3. No Party may require a provider of value-added services:

a) provide these services to the general public, when they have been hired by specific users or oriented to them under defined technical conditions;

b) justify your rates according to your costs;

c) interconnect your networks with any particular client or network; or

d) satisfy any particular standardization measure, for an interconnection other than interconnection with a public telecommunications network.

4. Each Party may require the registration of fees to:

a) a service provider, in order to correct a practice of this provider that the Party, in accordance with its legislation, has considered, in a particular case, as contrary to competition; or

b) a monopoly to which the provisions of article 10-06 apply.

Article 10-05. Standardization Measures.

1. Each Party shall ensure that its standardization measures that relate to the connection of terminal equipment or other equipment to public telecommunications networks, including those measures that relate to the use of test and measurement equipment for the evaluation procedure of the conformity, are adopted or maintained only to the extent necessary for:

a) avoid technical damage to public telecommunications networks;

b) avoid technical interference with public telecommunications services or their deterioration;

c) avoid electromagnetic interference and ensure compatibility with other uses of the electromagnetic spectrum;

d) prevent billing equipment from malfunctioning; or

e) guarantee the user's security and access to public telecommunications networks or services.

2. The Parties may establish the approval requirement for the connection of terminal equipment or other equipment that is not authorized to the public telecommunications network, provided that the approval criteria are compatible with the provisions of paragraph 1.

3. Each Party shall ensure that terminal points of public telecommunications networks are defined on a reasonable and transparent basis.

4. Telecommunications, based on the criteria established in paragraph 1, neither Party shall require additional authorization for the equipment that is connected to the consumer's side.

5. Each Party:

a) ensure that its conformity assessment procedures are transparent and non-discriminatory and that requests submitted for this purpose are processed expeditiously;

b) the required testing of terminal equipment or other equipment that is to be connected to public telecommunications networks, in accordance with the Party's conformity assessment procedures, subject to the Party's right to review the accuracy and integrity of test results; AND

c) ensure that measures adopted or maintained to authorize persons acting as agents of suppliers of telecommunications equipment before the competent bodies of conformity assessment of the Party are not discriminatory.

6. Not later than two years from the entry into force of this Agreement, each Party shall adopt, as part of its conformity assessment procedures, the necessary provisions to accept the results of the tests, based on its measures and procedures, carried out by the laboratories that are in the territory of the other Party.

7. The Telecommunications Subgroup established in accordance with numeral iii) of letter a) of Article 13-17 (Working Group on Standardization Measures) will be responsible for implementing the guidelines contained in this chapter, ina manner consistent with the corresponding provisions of chapter XIll (Standardization measures).

Article 10-06. Monopolies.

1. When a Party maintains or establishes a monopoly to provide public telecommunications networks and services and the monopoly competes, directly or through subsidiaries, in the manufacture or sale of telecommunications goods, in the provision of value-added services or other services of telecommunications, the Party shall ensure that the monopoly does not use its monopolistic position to engage in anti-competitive practices in those markets, either directly or through dealings with its subsidiaries, in a manner that disadvantageously affects a person of the other party. These practices may include cross subsidies, predatory behavior and discriminatory access to networks and public telecommunications services.

2. Each Party shall introduce or maintain effective measures to prevent the anti-competitive conduct referred to in paragraph 1, such as:

a) accounting requirements;

b) structural separation requirements;

c) rules to ensure that the monopoly grants its competitors access to its networks or telecommunications services and their use, in terms and conditions no less favorable than those granted to itself or its subsidiaries; or

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

3. The Parties shall exchange information on the measures referred to in paragraph 2 in a timely manner.

Article 10-07. Relationship with International Organizations and Agreements.

1. the Parties Shall Endeavor to Stimulate the Role of Regional and Subregional Organizations and Promote Them as Forums to Promote the Development of Telecommunications In the Region.

2. The Parties, recognizing the importance of international standards for achieving global compatibility and interoperability of telecommunications networks or services, undertake to apply those standards through the work of relevant international organizations, such as the International Telecommunication Union and the International Organization for Standardization.

Article 10-08. Technical Cooperation and other Consultations.

In order to stimulate the development of interoperable telecommunications infrastructure and services, the Parties will cooperate in the exchange of technical information, in the development of the sector's human resources, and in the creation and implementation of business exchange programs, academic and intergovernmental. The Parties establish the High Level Technical Group, constituted by representatives of the pertinent entities and in charge of implementing the obligations arising from this paragraph. This Group will be installed no later than six months after the entry into force of this Agreement.

Article 10-09. Transparency.

In addition to the provisions of Article 17-02 (Publication), each Party shall make available to the public and to the other Party the measures relating to access to public telecommunications networks or services and their use, including measures regarding:

a) rates and other terms and conditions of service;

b) specifications of the technical interfaces with these services and networks;

c) information on the bodies responsible for the preparation and adoption of standardization measures that affect such access and use;

d) conditions applicable to the connection of terminal or other equipment to the public telecommunications network; and

e) concession, permit, registration or license requirements.

Article 10-10. Relationship with other Chapters.

In case of incompatibility between a provision of this chapter and another chapter, that of this chapter shall prevail to the extent of the incompatibility.

Chapter XI. Temporary Entry of Business Persons

Article 11-01. Definitions.

  • 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