Insurance and insurance-related
(a) Direct insurance (including co-insurance):
(i) Life insurance
(ii) Non-life;
(b) Reinsurance and retrocession;
(c) Insurance intermediation, such as brokerage and agency;
(d) Services auxiliary to insurance, such as consultancy, actuarial, risk assessment and claim settlement services.
Banking and other financial services (excluding insurance)
(e) Acceptance of deposits and other repayable funds from the public;
(f) Lending of all types, including personal loans, mortgages, factoring and financing of commercial transactions;
(g) Financial leasing;
(h) All payment and money transfers, including credit cards, and similar, travellers cheques and bankers drafts;
(i) Guarantees and commitments;
(j) Trading for own account or for account of customers, whether on an exchange, in an over the counter market or otherwise, the following:
(i) Money market instruments (including cheques, bills, certificates of deposit);
(ii) Foreign exchange;
(iii) Derivative products including futures and options;
(IV) Exchange rate and interest rate of monetary instruments, such as SWAps, forward rate agreements;
(v) Transferable securities;
(vi) Financial assets and other negotiable instruments, including bullion;
(k) Participation in issues of all kinds of securities, including underwriting and placement as agent (whether publicly or privately) and provision of services related to such issues;
(l) Money brokering.
(m) Asset management, such as cash or portfolio management, all forms of collective investment, pension fund management, custodial depository and trust services;
(n) Clearing and settlement services for financial assets, securities, including derivative products, and other negotiable instruments;
(o) Provision and transfer of financial information and data processing, financial and related software by suppliers of other financial services; and
(p) Advisory and Other Financial Intermediation Services the activities listed in subparagraphs (e) through (o), including credit reference and investment and portfolio analysis, research and advice, advice on acquisitions and on corporate restructuring and strategy; and
Professional services means services that require higher education services related to a specific area of knowledge, training or experience equivalent (10) and which is granted or restricted by a party but does not include services provided by persons engaged in a profession or crew members of merchant ships and aircraft.
Chapter 11. Temporary Entry of Business Persons
Article 11.1. General Principles
1. This chapter reflects the preferential trading relationship between the parties; facilitate the mutual goal of the temporary entry of business persons under the provisions of Annex 11.3, on a reciprocal basis and of establishing transparent criteria and procedures, safe, effective and understandable to temporary entry. it also reflects the need to ensure border security and to protect the domestic labour force and permanent employment in their respective territories.
2. This chapter does not apply to measures under the legislation of each party concerning the acquisition of nationality, citizenship, access to permanent residence or employment on a permanent basis.
Article 11.2. General Obligations
1. Each Party shall apply its measures relating to the provisions of this chapter in accordance with Article 11.1 and in particular the apply expeditiously so as to avoid unduly prejudice or delay trade in goods or services or the conduct of investment activities under this Agreement.
2. For greater certainty, nothing in this chapter shall be construed as preventing the parties that applicable immigration measures necessary to protect the integrity of and to ensure the orderly movement of persons across the same, provided that such measures are not applied in a manner as to impair or unduly delay trade in goods or services or the conduct of investment activities under this Agreement.
Article 11.3. Temporary Entry Authorization
1. Each Party shall grant temporary entry to business persons who are qualified for entry under applicable measures relating to public health and safety and national security measures, in accordance with this chapter, including the provisions contained in Annex 11.3.1.
2. Each Party shall limit the value of fees for processing applications for temporary entry of business persons in a manner consistent with Article 11.2, based on the principle of reciprocity.
3. For greater certainty, the authorization of temporary entry under this chapter does not replace the requirements for the exercise of a profession or activity according to the specific rules in force in the territory of the party authorizing the temporary entry.
Article 11.4. Information Delivery
1. Further to article 14.2 (publication), each Party shall:
(a) The other party to provide information materials to know measures relating to this chapter; and
(b) No later than one year after the date of Entry into Force of this Agreement; prepare and publish and make available in its own territory and the other party a consolidated document with materials explaining the requirements for temporary entry, including references to the laws and regulations, subject to the provisions of this chapter so that the business persons of the other party may know.
2. Each Party shall collect and maintain and make available to the other party, upon request, in accordance with their respective domestic legislation, information concerning the granting of temporary entry of authorisations under this chapter to the other party of business persons who have been issued immigration documentation to include specific information regarding each occupation, profession or activity.
Article 11.5. Committee of Temporary Entry of Business Persons
1. The parties establish a committee on temporary entry of business persons, comprising representatives of each party, including migration officials and other competent authorities.
2. The Committee shall:
(a) Establish a schedule for its meetings shall take place at least once a year;
(b) Establish procedures to exchange information on measures that affect the temporary entry of business persons under this chapter;
(c) Consider the development of measures to facilitate the temporary entry of business persons in accordance with the provisions of annex 11.3 based on the principle of reciprocity.
(d) Consider the implementation and administration of this chapter; and
(e) Consider the development of common standards, definitions and recommendations for the implementation of this chapter, which may be included in the consolidated document mentioned in article 11.4.1 (B).
Article 11.6. Dispute Resolution
1. A Party may not initiate proceedings under article 16.6.3 (b) (intervention of the Commission) regarding a refusal of authorisation of temporary entry in accordance with this chapter or a particular case arising under article 11.2 unless:
(a) The case concerns a recurrent practice; and
(b) The person affected business have exhausted the available administrative remedies regarding the particular matter.
2. The remedies referred to in paragraph 1 (b) shall be deemed to be exhausted if the competent authority has issued a final decision within six (6) months from the initiation of an administrative procedure and resolution has been delayed for reasons that are not attributable to the business person affected.
Article 11.7. Relationship with other Chapters
1. Except as provided in this chapter and chapter 1 (initial) Provisions, Chapter 2 (General definitions), Chapter 15 (Administration), Chapter 16 (Dispute Settlement) and chapter 22 (Final provisions), and article 14.1 (contact points), in article 14.2 (publication), article 14.3 (notification and provision of information) and article 14.4 (administrative proceedings), no provision of this Agreement shall impose any obligation on a Party regarding its immigration measures.
2. Nothing in this chapter shall be construed to impose obligations or commitments with respect to other chapters of this Agreement.
Article 11.8. Transparency In Regulatory Development and Enforcement
1. Further to chapter 13 (transparency), each Party shall maintain or establish appropriate mechanisms for responding to inquiries from interested persons regarding its regulations relating to the temporary entry of business persons.
2. Each Party shall, within a reasonable period not exceeding thirty five (35 days) after considering the application of temporary entry is complete under its domestic laws and regulations, inform the applicant of the decision concerning the application. at the request of the applicant, the Party shall provide without undue delay information concerning the status of the application. for greater certainty, during the period of the business licence, the person may continue to develop their activities in accordance with the national legislation of each of the Parties.
Article 11.9. Definitions
For purposes of this chapter:
Temporary entry means business entry by a person of one party to the territory of the other party without the intent to establish permanent residence;
Labour means any certification procedure prior to the application for authorisation migration involving a licence or authorization governmental connected with the labour market;
Immigration measure means any law, regulation or procedure affecting the Entry and Sojourn of aliens;
National has the same term meaning the "National" but only in respect of nationality of natural persons who have a party according to its Constitution, but does not include a permanent resident of a party;
The business person means a national of a party who is engaged in trade in goods or services or investment activities in the other party;
Recurrent practice means a practice carried out by the immigration authorities in the form of a Party representative repetitive during a period immediately preceding and the implementation thereof;
Professional means a national of a party who engages in a specialised occupation requiring:
(a) The theoretical and practical application of a specialized body of knowledge; and
(b) A post secondary degree, requiring four (4) or more years of study (or the equivalent of such a degree) as a minimum for the period of the occupation.
A national technical means of a party who engages in a specialised occupation requiring:
(a) The theoretical and practical application of a specialized body of knowledge; and
(b) A post secondary degree or technical requiring two (2) or more years of study (or the equivalent of such a degree) as a minimum for the exercise of the occupation.
Chapter 12. Electronic Commerce
Article 12.1. General Provisions
1. The Parties recognise the economic growth and opportunities in electronic commerce and the importance of avoiding unnecessary barriers to its use and development.
2. Nothing in this chapter shall be construed as preventing a Party from imposing internal taxation directly or indirectly on digitized products provided that they are imposed in a manner consistent with this Agreement.
3. This chapter is subject to any other provisions, exceptions dissenting or other measures set out in annexes or chapters of this Agreement as may be relevant.
Article 12.2. Supply of Services
For greater certainty, the Parties affirm that measures affecting the supply of a service through the use of an electronic are within the scope of the obligations contained in the relevant provisions of chapter 10 (cross-border trade in services), (1) and subject to any exception or Non-Conforming Measure laid down in this Agreement, which are applicable to such obligations.
Article 12.3. Customs Duties on Digital Products
1. No party may apply customs tariffs to digital products of the other party.
2. For purposes of determining applicable customs tariffs, each Party shall determine the customs value of an imported carrier medium bearing a digital product based solely on the customs value of carrier medium, irrespective of the value of the digital product stored on the carrier medium.
Article 12.4. Non-Discrimination for Digital Products
1. A Party shall not accord less favourable treatment to digital products than that accorded to other like digital products: on the basis that:
(a) The digital products receiving less favourable treatment is established, been published, transmitted, stored, hired, Commissioner, or that is made available on commercial terms in the territory of the other party; or
(b) The author, interpreter, Manager, producer or distributor of digital products is such a person of the other party. (2)
2. (a) A Party shall not accord less favourable treatment to a digital product established, produced, stored, transmitted, hired, Commissioner, or that is made available on commercial terms in the territory of the other party than it accords to digital established, like product produced, stored, transmitted, hired, Commissioner, or that is made available on commercial terms in the territory of a non- party.
(b) A Party shall not accord less favourable treatment to digital products whose copyright, interpreter, producer, distributor or manager of the person is a party other than it accords to like digital products whose copyright, interpreter, Manager, producer or distributor is a person of a non- Party. (3)
Article 12.5. Cooperation
Taking into account the global nature of electronic commerce, the Parties recognize the importance of:
(a) Working together to overcome obstacles encountered by small and medium enterprises in the use of electronic commerce;
(b) Sharing information and experiences on the laws, regulations and programs in the sphere of electronic commerce, including those related to data privacy, consumer confidence, cybersecurity, electronic signature, Intellectual Property Rights and forms of electronic government;
(c) Working to maintain cross-border flows of information as an essential element for a vibrant environment for electronic commerce;
(d) To encourage the development by the private sector of methods of self-regulation, including codes of conduct, guidelines and model contracts, enforcement mechanisms that foster electronic commerce; and
(e) Participate actively in international fora, both hemispheric and multilaterally with the aim of promoting the development of electronic commerce.
Article 12.6. Consumer Protection
The Parties recognize the importance of maintaining and adopting transparent and effective measures to protect consumers from fraudulent and deceptive practices when using commercial electronic commerce transactions.
Article 12.7. Authentication and Digital Certificates
No Party may adopt or maintain for electronic authentication legislation that prevent the parties from having the opportunity to establish before judicial or administrative authorities that their electronic transaction complies with any legal requirements with respect to authentication.
Article 12.8. Definitions
For purposes of this chapter:
Authentication means the process or of the Act establishing the identity of a party to an electronic communication or transaction or ensuring the integrity of an electronic communication;
Computer processing means employing electronic means;
Carrier medium means any physical object designed primarily for the use of storing a digital product known by any method now or later elaborated and from which a digital product can be collected, printed or communicated, directly or indirectly, and includes but is not limited to, a magnetic, optical or electronic means;
Digital products means computer programmes, text, video images, sound recordings and other products that are digitally encoded and transmitted electronically, irrespective of whether a party treats such products as a good or a service in accordance with its domestic law; (4) and
Electronic transmission or transmitted electronically means the transfer of digital products using any means or electromagnetic fotónico.
Chapter 13. Public Procurement
Article 13.1. Scope of Application
1. This chapter applies to measures adopted or maintained by a Party relating to procurement by an entity listed in Annex: 13.1
(a) By any contractual arrangement, including the rental and purchase or hire, with or without an option to buy, built operate transfer contracts and public works concession contracts; and
(b) Subject to the conditions specified in annex 13.
2. This chapter does not apply to:
(a) Non-contractual agreements or any form of assistance provided by a party or a state enterprise including grants, loans, capital gains, fiscal incentives and subsidies and guarantees and cooperation agreements, public supply of goods and services to persons or to the Governments of regional or local level, and direct purchases for the purpose of providing foreign assistance;
(b) Purchases funded by grants, loans or other forms of international assistance, where the provision of such assistance is subject to conditions inconsistent with the provisions of this chapter;
(c) The hiring of government employees and employment related measures;
(d) The acquisition of Fiscal Agency or deposits, liquidation and Management Services regulated financial institutions and services for sale and distribution services for government debt; and
(e) financial services (1)
3. Each Party shall ensure that its contracting entities listed in annex 13.1 comply with this chapter in conducting covered procurements.
4. Where an entity awards a contract that is not covered by this chapter, nothing in this chapter shall be construed to cover any good or service forming part of that contract.
5. No entity may prepare design, structure or otherwise any procurement or divide, at any stage, in order to avoid the obligations of this chapter.
6. In calculating the value of a procurement for the purpose of ascertaining whether the procurement is covered by this chapter, an entity shall include the estimated maximum total value for the entire period of duration of public procurement;
Taking into account all options awards, fees, commissions, interest and other income stream or other forms of remuneration provided for in such contracts.
7. Nothing in this chapter shall prevent a party from developing new procurement policies, procedures or contractual modalities, provided they are not inconsistent with the provisions of this chapter.
Article 13.2. General Principles
National Treatment and Non-Discrimination
1. With respect to any measure covered by this chapter, each Party shall accord to the goods and services of the other party and to the suppliers of such goods and services, treatment no less favourable than the most favourable treatment accorded the party to its own goods, services and service suppliers.
2. With respect to any measure governing procurement covered by this chapter, no party may:
(a) Treat a locally established supplier less favourably than another locally established supplier on the basis of degree of foreign ownership or affiliation; or
(b) Discriminate against a locally established supplier on the basis that the goods or services offered by that supplier for a particular procurement are goods or services of the other party.
A determination of origin
3. For the purposes of paragraphs 1 and 2, the determination of the origin of goods shall be made on a no prefential basis.
Countervailing special conditions
4. Entities consider, shall not seek nor impose countervailing special conditions at any stage of a procurement.
Measures not specific to procurement
5. Paragraphs 1 and 2 do not apply to measures concerning customs duties or other charges imposed on of any kind or in connection with the method of importation; levying charges or such other duties and import regulations, including restrictions and formalities, or to measures affecting trade in services other than measures specifically governing procurement covered by this chapter.
Article 13.3. Publication of Public Procurement Measures
Each Party shall promptly publish:
(a) Its measures of general application specifically governing procurement covered by this chapter; and
(b) Any changes to such measures, in the same manner as the original publication.