d) interconnect its networks with any particular customer or network; or
e) satisfy any particular technical standard or regulation, for an interconnection other than interconnection with a public telecommunications network.
3. Notwithstanding the provisions of paragraph 2(c), each Party may require the filing of a fee to:
a) an enhanced or value-added service supplier, for the purpose of correcting a practice of that supplier that the Party, in accordance with its law, has found in a particular case to be anti-competitive; or
b) a principal supplier or dominant operator, to which the provisions of article 11-06 apply.
Article 11-05. Measures Relating to Standardization.
1. Each Party shall ensure that its measures relating to standardization that relate to the connection of terminal or other equipment to public telecommunications networks, including those measures that relate to the use of test and measurement equipment for the conformity assessment procedure, are adopted or maintained only to the extent necessary to:
a) avoid technical damage to public telecommunications networks;
b) avoid technical interference with or impairment of telecommunications services;
c) avoid electromagnetic interference and ensure compatibility with other uses of the electromagnetic spectrum;
d) prevent malfunctioning of the billing equipment; or
e) guarantee the user's security and access to public networks or telecommunication services.
2. Each Party may establish the requirement of approval for the connection of terminal or other equipment that is not authorized to the public telecommunications network, provided that the approval criteria are consistent with the provisions of paragraph 1.
3. Each Party shall ensure that the terminal points of public telecommunications networks are defined on a reasonable and transparent basis.
4. No Party shall require additional authorization for equipment that is connected on the consumer side, once the equipment has been authorized, as this authorized equipment serves as protection to the network, meeting the criteria of paragraph 1.
5. Each Part:
a) ensure that its conformity assessment procedures are transparent and non-discriminatory and that applications for conformity assessment are processed in accordance with the deadlines established in its legislation;
b) allow any technically qualified entity to perform the required testing of terminal equipment or other equipment to be connected to the public telecommunications network, in accordance with the Party's conformity assessment procedures, subject to the Party's right to review the accuracy and completeness of the test results; and
c) ensure that the measures it adopts or maintains to authorize persons acting as agents of suppliers of telecommunications equipment before the Party's competent conformity assessment bodies are non- discriminatory.
6. No later than one year after the entry into force of this Agreement, each Party shall adopt, among its conformity assessment procedures, the necessary provisions to accept the results of tests carried out, based on its established standards and procedures, by laboratories located in the territory of the other Party.
7. The Parties shall establish, in accordance with Chapter IX (Standards, Technical Regulations and Conformity Assessment Procedures), a Subcommittee on Measures Relating to Telecommunication Standardization.
Article 11-06. Anti-competitive Practices.
1. Where a Party maintains or establishes a major supplier or dominant operator to provide public telecommunications networks and services, and it competes, directly or through an affiliate, in the supply of enhanced or value-added services or other goods or services related to telecommunications, the Party shall ensure that the major supplier or dominant operator does not use its position to engage in anti-competitive practices in those markets, either directly or through dealings with its affiliates, in a manner that adversely affects a person of the other Party.
2. Each Party shall endeavor to introduce or maintain effective measures to prevent the anticompetitive conduct referred to in paragraph 1, such as:
a) accounting requirements;
b) structural separation requirements;
c) rules to ensure that the monopoly, major supplier or dominant operator grants its competitors access to and use of its telecommunications networks or services on terms and conditions no less favorable than those it grants to itself or its affiliates; or
d) rules to ensure timely disclosure of technical changes to public telecommunications networks and their interfaces.
Article 11-07. Relationship with International Organizations and Agreements.
1. The Parties shall make their best efforts to encourage the role of regional and subregional organizations and promote them as forums for the development of telecommunications in the region.
2. The Parties, recognizing the importance of international standards in achieving global compatibility and interoperability of telecommunications networks or services, shall promote such standards through the work of relevant international bodies, such as the Intemational Telecommunication Union and the International Organization for Standardization.
Article 11-08. Technical Cooperation and other Consultations.
1. In order to stimulate the development of interoperable telecommunications services infrastructure, the Parties shall cooperate in the exchange of technical information in the development of intergovernmental training programs, as well as in other related activities. In fulfilling this obligation, the Parties shall place special emphasis on existing coordination and exchange programs.
2. The Parties shall consult among themselves to determine the possibility of further liberalizing trade in all telecommunications services.
Article 11-09. Transparency.
In addition to the provisions of Chapter XVI (Transparency), each Party shall make publicly available measures relating to access to and use of public telecommunications networks or services, including measures relating to:
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 development and adoption of standardization measures affecting such access and use;
d) conditions applicable to the connection of terminal or other equipment to the public telecommunications network; and
e) any notification, permit, registration, license or contract requirement. Article 11-10: Relationship with other chapters.
In the event of any inconsistency between the provisions of this Chapter and any other provision of this Agreement, the provisions of this Chapter shall prevail to the extent of the inconsistency.
Chapter XII. TEMPORARY ENTRY OF BUSINESS PEOPLE
Article 12-01. Definitions.
For the Purposes of this Chapter, the following definitions shall apply:
temporary entry means the entry of a business person of one Party into the territory of the other Party, without the intention of establishing permanent residence;
business person means a national of a Party engaged in trade in goods or services, or in investment activities;
temporary: includes the term "temporary"; and in force: the binding quality of the legal precepts of the Parties at the time of entry into force of this Agreement.
Article 12-02. General Principles
The provisions of this chapter reflect the preferential trade relationship between the Parties, the convenience of facilitating temporary entry in accordance with the principle of reciprocity and of establishing transparent criteria and procedures to that effect. It also reflects the need to ensure border security, and to protect the national labor force and permanent employment in their respective territories.
Article 12-03. General Obligations.
1. Each Party shall apply the measures relating to the provisions of this Chapter in accordance with Article 12- 02 and, in particular, shall apply them expeditiously to avoid undue delay or prejudice to trade in goods and services or investment activities covered by this Agreement.
2. The Parties shall endeavor to develop and adopt common criteria, definitions and interpretations for the application of this chapter.
Article 12-04. Authorization for Temporary Entry.
1. In accordance with the provisions of this Chapter, including those contained in Annex 12-04, each Party shall authorize the temporary entry of business persons who comply with applicable immigration, public health and safety, and national security measures.
2. Each Party shall limit the amount of the fees for processing applications for temporary entry of business persons to the approximate cost of the services rendered.
Article 12-05. Provision of Information.
1. In addition to the provisions of Article 16-02 (Publication), each Party:
a) provide the other Party with materials to enable them to become acquainted with the measures relating to this Chapter; and
b) no later than one year after the date of entry into force of the Agreement, prepare, publish and make available, both in its territory and in the territory of the other Party, a consolidated document containing material explaining the requirements for temporary entry under this Chapter, so that business persons of the other Party may become acquainted with them.
2. Each Party shall compile, maintain and make available to the other Party, in accordance with its legislation, information regarding the granting of temporary entry authorizations, in accordance with this Chapter, to business persons of the other Party who have been issued immigration documentation. This compilation shall include information specific to each occupation, profession or activity.
Article 12-06. Committee on Temporary Entry.
1. The Parties establish a Committee on Temporary Entry of Business Persons, composed of representatives of each Party, including migration officials.
2. The Committee shall meet at least once a year to review:
a) the application and administration of this chapter;
b) the development of measures to further facilitate the temporary entry of business people. in accordance with the principle of reciprocity; or
c) proposed amendments or additions to this chapter.
Article 12-07. Settlement of Disputes.
1. The Parties may not initiate proceedings under Chapter XVIII (Dispute Settlement} with respect to a denial of temporary entry authorization under this Chapter, or with respect to any particular case covered by Article 12- 03 (1), unless:
a) the matter concems a recurring practice; and
b) the affected business person has exhausted the administrative remedies available to it with respect to that particular matter.
2. The remedies referred to in paragraph (1}(b) shall be deemed exhausted when the competent authority has not issued a final decision within one year from the commencement of the administrative procedure, and the decision has not been delayed for reasons attributable to the business person concerned.
Article 12-08. Relationship with other Chapters.
Except as provided in this Chapter and Chapters I (Initial Provisions), XVI (Transparency), XVII (Dispute Settlement), and XX (Final Provisions}, nothing in this Agreement shall impose any obligation on the Parties with respect to their migration measures.
Annex 12-04. Temporary entry of business persons
Section A. Business Visitors
1. Each Party shall authorize temporary entry to a business person who intends to carry out a business activity referred to in Appendix 12-04(A)(1), provided that, in addition to complying with the immigration measures in force applicable to temporary entry, he exhibits:
a) proof of nationality of a Party;
b) documentation evidencing that it will undertake such activities and stating the purpose of its entry, and
c) proof of the international character of the business activity proposed to be undertaken and that the person does not intend to enter the local labor market.
2. Each Party shall provide that a business person may comply with the requirements set forth in subparagraph (a), (), (c), (4), (2), (f), (g) and (h) above.
c) of paragraph 1, when it demonstrates that:
a) the principal source of remuneration for that activity is outside the territory of the Party authorizing temporary entry; and
b) the main place of business and where most of the profits are earned are outside this territory.
3. Each Party shall authorize the temporary entry of a business person who intends to carry out an activity other than those listed in Appendix 12-04(A)(1), on terms no less favorable than those provided for in the existing provisions of the measures listed in Appendix 12-04(A)(2), provided that such business person also complies with the immigration measures in force applicable to temporary entry.
4. No Party may:
a) require, as a condition for authorizing temporary entry under paragraph 1 or 3, prior approval procedures, petitions, proof of labor certification, work permit or other procedures of similar effect; or
b) impose or maintain any numerical restrictions on temporary entry pursuant to paragraph 1 or 3.
Section B. Merchants and Investors
1. Each Party shall authorize temporary entry and issue supporting documentation to the intending business person:
a) engage in substantive trade in goods or services, principally between the territory of the Party of which he is a national and the territory of the Party from which entry is sought; or
b) establish, develop, manage or provide key technical advice or services to manage an investment in which the individual or his or her company has committed, or is in the process of committing, a significant amount of capital,
and who performs supervisory, executive or essential skill functions, provided that the person also complies with current immigration measures applicable to temporary entry.
2. No Party may:
a) require proof of labor certification, work permit or other procedures of similar effect, as a condition for authorizing temporary entry under paragraph 1; or b) impose or maintain numerical restrictions in connection with temporary entry under paragraph 1.
Section C. Transfers of Personnel Within a Company
1. Each Party shall authorize temporary entry and issue supporting documentation to a business person employed by an enterprise legally constituted and operating in its territory who intends to perform managerial, executive or specialized knowledge functions in that enterprise or in one of its subsidiaries or affiliates, provided that he/she complies with the immigration measures in force applicable to temporary entry. The Party may require that the person has been continuously employed by the enterprise for one year within the three (3) years immediately preceding the date of submission of the application.
2. Neither Party may:
a) require proof of labor certification, work permit or other procedures of similar effect as a condition for authorizing temporary entry under paragraph 1; or
b) impose or maintain numerical restrictions in connection with temporary entry under paragraph 1.
Chapter D. Professionals
1. Each Party shall authorize temporary entry and issue supporting documentation to a business person who intends to carry out activities at the professional level in the field of a profession listed in Appendix 12-04(D}(1) to Section D of the Annex to Article 3, when the person, in addition to complying with the current immigration requirements applicable to temporary entry, exhibits:
a) proof of nationality of a Party; and
b) documentation that the person will undertake such activities and stating the purpose of entry.
2. No Party may:
a) require prior approval procedures, petitions, proof of labor certification, work permit or others of similar effect, as a condition for authorizing temporary entry under paragraph 1; or
b) impose or maintain numerical restrictions in connection with temporary entry under paragraph 1.
Chapter XIII. INVESTMENT
Section A. Definitions
Article 13-01. Definitions
For the purposes of this Chapter, the following definitions shall apply:
equity shares or debentures: include voting and non-voting shares, convertible bonds or debt instruments, stock options and warrants;
ICSID: the International Centre for Settlement of Investment Disputes;
ICSID Convention: the Convention on the Settlement of Investment Disputes between States and Nationals of other States, concluded in Washington on March 18, 1965;
Inter-American Convention: the Inter-American Convention on International Commercial Arbitration, concluded in Panama on January 30, 1975;
New York Convention: the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, concluded in New York, June 10, 1958;
enterprise: any entity constituted or organized under the laws in force of any of the Parties, whether or not for profit and whether privately or governmentally owned, including corporations, branches, trusts, participations, sole proprietorships, joint ventures or other associations that carry out or contemplate carrying out, directly or indirectly, activities necessary for the production of a good or the rendering of a service in the host country of the investment;
enterprise of a Party: an enterprise incorporated or organized under the law of a Party; and a branch office located in the territory of a Party and carrying on business therein;
investment: means the following assets
a) a company;
b) shares representing the capital of a company;
c) debt instruments of a company:
(i) when the company is a subsidiary of the investor, or
(ii) when the original maturity date of the debt instrument is at least (3). three years,
but does not include a debt instrument of the State or a State enterprise, regardless of the original maturity date.
d) a loan to a company:
(i) when the company is a subsidiary of the investor, or
(ii) when the original maturity date of the loan is at least three (3) years, but does not include a loan to a state enterprise, regardless of the original maturity date;
e) an interest in a company, which allows the owner to participate in the company's revenues or profits;
f) an interest in an enterprise that entitles the owner to share in the equity of that enterprise in a liquidation, provided that it is not derived from a debt instrument or loan excluded under (c) or (d);
g) real estate or other property, tangible or intangible (1), acquired in the expectation of, or used for the purpose of, economic benefit, or for the purpose of the production of a good or the rendering of a service, or for other business purposes; and
h) the participation resulting from the capital or other resources committed for the development of an economic or productive activity in the territory of the other Party, among others, according to:
(i) contracts involving the presence of an investor's property in the territory of the other Party, including concessions, construction and turnkey contracts; or
(ii) contracts where the remuneration depends substantially on the production, revenues or profits of a company; but shall not be understood as an investment:
i) pecuniary claims arising exclusively from:
(i) commercial contracts for the sale of goods or services by a national or enterprise in the territory of a Party to an enterprise in the territory of the other Party, or
(ii) the granting of credit in connection with a commercial transaction, such as trade financing, other than a loan covered by the provisions of subparagraph d); or
j) any other pecuniary claim; that does not entail the interest rates set forth in paragraphs a) to h).
financial institution: any financial intermediary or other enterprise that is authorized to do business and is regulated or supervised as a financial institution under the laws of the Party in whose territory it is located;
investment of an investor of a Party: an investment owned or controlled directly or indirectly by an investor of that Party;
investor of a Party: a Party or an enterprise of such Party, or a national or enterprise of such Party, that intends to make, is making or has made an investment;
investment from a non-Party: an investor that is not an investor of a Party, that intends to make, is making, or has made an investment,
disputing investor: an investor making a claim under Section C;
disputing Party: the Party against which a claim is made under Section C;
disputing party: the disputing investor or the disputing Party;
disputing parties: the disputing investor and the disputing Party;
UNCITRAL Arbitration Rules: the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL), adopted by the United Nations General Assembly on December 15, 1976;
Secretary-General: the Secretary-General of ICSID; transfers: international transfers and payments; and
tribunal: an arbitral tribunal established under article 13-20 or 13-26.