- Financial services personnel engaged in commercial transactions for an enterprise established in the territory of the other Party.
- Public relations and advertising personnel who advise clients or attend or participate in conventions.
- Tourism personnel (tour and travel agents, tour guides or tour operators) attending or participating in conventions or conducting an excursion that has been initiated in the territory of the other Party.
- Translators or interpreters providing services as employees of an enterprise established in the territory of the other Party.
Appendix 3. Migratory Measures in Force for Temporary Entry
With respect to the Republic of El Salvador:
(a) Migration Law, Legislative Decree No. 2772 dated December 19, 1958, published in the Official Gazette No. 240, volume 181, dated December 23, 1958;
(b) Regulation of the Immigration Law, Executive Decree No. 33 dated March 9, 1959, published in the Official Gazette No. 56, volume 182, dated March 31, 1959;
(c) Law on Foreigners, Legislative Decree No. 299 dated February 18, 1986, published in the Official Gazette No. 34, volume 290, dated February 20, 1986; and
(d) CA-4 Regional Agreement on Migration Procedures for the Extension of the Central American Single Visa, the Scope of the Framework Treaty and the Mobility of Persons in the Region, dated June 30, 2005 and effective as of July 1, 2005.
With respect to the Republic of Guatemala:
(a) Decree No. 95-98 of the Congress of the Republic, Migration Law, published in the Diario de Centro América on December 23, 1998;
(b) Governmental Agreement No. 529-99, Regulation of the Migration Law, published in the Diario de Centro América on July 29, 1999 and its amendments; and
(c) CA-4 Regional Agreement on Migration Procedures for the Extension of the Central American Single Visa, the Scope of the Framework Treaty and the Mobility of Persons in the Region, dated June 30, 2005 and effective as of July 1, 2005.
With respect to the Republic of Honduras:
(a) Decree No. 208-2003, Migration and Alien Law, dated March 3, 2004;
(b) Agreement No. 018-2004, Regulation of the Immigration Law, dated May 3, 2004;
(c) Agreement No. 21-2004, dated June 8, 2004;
(d) Agreement No. 8 on Migratory Procedures and Facilities for Foreign Investors and Traders, dated August 19, 1998; and
(e) CA-4 Regional Agreement on Migration Procedures for the Extension of the Central American Single Visa, the Scope of the Framework Treaty and the Mobility of Persons in the Region, dated June 30, 2005 and effective as of July 1, 2005.
With respect to the Republic of Colombia:
(a) Decree 4000 of November 30, 2004, published in the Official Gazette of Colombia No. 45749 of December 1, 2004 (Visa and Immigration Statute);
(b) Decree 4248 of December 16, 2004, published in the Official Gazette of Colombia No. 45766 of December 18, 2004;
(c) Decree 164 of January 31, 2005, published in the Official Gazette of Colombia No. 45809 of February 1, 2005;
(d) Resolution 0255 of January 26, 2005, published in the Official Gazette of Colombia No. 45806 of January 29, 2005;
(e) Resolution 0273 of January 27, 2005, published in the Official Gazette of Colombia No. 45805 of January 29, 2005; and
(f) Resolution 4420 of September 21, 2005, published in the Official Gazette of Colombia No. 46051 of October 4, 2005.
Part SIX. ADMINISTRATIVE AND INSTITUTIONAL ARRANGEMENTS
Chapter 16. TRANSPARENCY
Article 16.1. Definitions
For the purposes of this Chapter, "administrative resolution of general application" shall mean an administrative resolution or interpretation that applies to all persons and factual situations that fall within its scope and that establishes a rule of conduct, but does not include:
(a) rulings or decisions in administrative proceedings that apply to a particular person, good or service of another Party in a specific case; or
(b) a ruling that resolves with respect to a particular act or practice.
Article 16.2. Information Center
1. Each Party shall designate a unit as an information center which, except as otherwise provided in this Agreement, shall be responsible for sending and receiving all communications, information and notifications between the Parties on any matter covered by this Agreement.
2. Without prejudice to the provisions of paragraph 1, when a Party so requests, the information center of another Party shall inform the agency or entity responsible for dealing with a particular matter, in order to facilitate communication with the requesting Party.
Article 16.3. Publication
1. Each Party shall ensure that its laws, regulations, procedures and administrative rulings of general application that relate to any matter covered by this Agreement are published promptly.
2. To the extent possible, each Party:
(a) publish any draft measures of general application which it proposes to adopt relating to matters covered by this Agreement; and
(b) provide other Parties and any interested parties with a reasonable opportunity to comment on such projects.
Article 16.4. Provision of Information
1. Each Party shall ensure that published measures and projects are made available to the other Party and to any interested party upon request. Likewise, it shall promptly respond to questions regarding such measures.
2. Each Party shall communicate to the other Party, to the extent practicable, any existing or proposed measures that it considers may in the future affect the operation of this Agreement or otherwise substantially affect the interests of that other Party under the terms of this Agreement.
3. The communication or provision of information on measures in force or in the pipeline referred to in this Article shall be made without prejudice to whether or not the measure is compatible with this Treaty.
Article 16.5. Hearing, Legality and Due Process Guarantees
Each Party shall ensure that in judicial and administrative proceedings relating to the application of any measure referred to in Article 16.3, the guarantees of hearing, legality and due process enshrined in its respective legislation, within the meaning of Articles 16.6 and 16.7, are observed.
Article 16.6. Administrative Procedures for the Application of Measures
In accordance with its domestic legal provisions, each Party shall ensure that in its administrative procedures applying its laws, regulations, procedures and administrative rulings of general application with respect to particular persons, goods or services of another Party in specific cases:
(a) persons of that other Party who are directly affected by a proceeding are given notice of the institution of the proceeding, including a description of the nature of the proceeding, a statement of the authority legally entitled to institute the proceeding, and a general description of all issues in dispute;
(b) such persons have the opportunity to present facts and arguments in support of their positions, prior to any final administrative action; and
(c) its procedures are in accordance with its legislation. Article 16.7 Review and Challenge 1. Each Party shall maintain judicial and administrative tribunals and procedures in accordance with its respective legislation for the purpose of prompt and timely review and, where appropriate, correction of acts.
The courts and tribunals shall be impartial and not connected with the agency or administrative enforcement authority and shall have no substantial interest in the outcome of the matter. These tribunals shall be impartial and not connected with the administrative enforcement agency or authority and shall have no substantial interest in the outcome of the matter.
2. Each Party shall ensure that before such courts and in such proceedings, the parties to the proceedings have the right to:
(a) a reasonable opportunity to support or defend their respective positions and arguments; and
(b) a resolution that considers the evidence y arguments presented by them.
3. Each Party shall ensure that, subject to the means of challenge or subsequent review available under its laws, such resolution is implemented by its competent agencies or authorities.
Article 16.8. Communications, Information and Notifications
Unless otherwise provided, a communication, information or notification shall be deemed to have been delivered to a Party upon its receipt at the information center provided for in Article 16.2.
Article 16.9. Cooperation Against Corruption
The Parties shall cooperate in preventing and combating corrupt practices that may arise in connection with the implementation of this Treaty and reaffirm their existing rights and obligations under the Inter-American Convention against Corruption.
Article 16.10. Promotion of Free Competition
The Parties shall promote the actions they deem necessary to provide an adequate framework to identify and sanction any practices that restrict free competition.
Chapter 17. TREATY ADMINISTRATION
Section A. Treaty Administrative Commission, Treaty Coordinators and Administration of Dispute Settlement Proceedings
Article 17.1. Treaty Administrative Commission
1. The Parties establish the Administrative Commission of the Treaty, composed of the representatives of each Party at the ministerial level referred to in Annex 17.1, or by the officials designated by them.
2. The Commission shall have the following functions:
(a) to ensure compliance with and the correct application of the provisions of this Treaty;
(b) evaluate the results achieved in the implementation of this Treaty;
(c) monitor the development of the Treaty and recommend to the Parties such modifications as it deems appropriate;
(d) seek to resolve disputes arising out of the interpretation or application of this Agreement in accordance with the provisions of Chapter 18 (Dispute Settlement);
(e) supervise the work of all committees established or created pursuant to this Treaty, in accordance with the provisions of Article 17.5 (3);
(f) to hear any other matter that may affect the operation of this Agreement, or any other matter that may be entrusted to it by the Parties;
(g) to establish the rules and procedures applicable for the proper functioning and coordination of the Treaty; and
(h) the other functions provided for in this Treaty. 3. The Commission may: (a) establish such ad hoc or standing committees and groups of experts as may be required for the implementation of this Treaty and assign functions to them;
(b) modify, in compliance with the objectives of this Treaty:
(i) the list of a Party's goods contained in Annex 3.4 (Tariff Relief Program) for the purpose of incorporating one or more excluded goods into the tariff treatment;
(ii) the deadlines set forth in Annex 3.4 (Tariff Reduction Program), in order to accelerate tariff reduction; and
(iii) the rules of origin set forth in Annex 4.3 (Specific Rules of Origin);
(c) convene the Parties to future negotiations to examine the deepening of the liberalization achieved in the different services or investment sectors;
(d) seek advice from individuals or groups with no governmental affiliation;
(e) issue interpretations of the provisions of this Agreement;
(f) adopt and amend any regulations necessary for the execution of this Treaty;
(g) if agreed by the Parties, take any other action for the exercise of its functions; and
(h) review the impacts, including any benefits of the Agreement on small and medium-sized enterprises of the Parties. To this end, the Commission may appoint working groups to assess such impacts and make relevant recommendations to the Commission, including work plans focused on the needs of MSMEs; to this end, the Commission may receive information, input and contributions from representatives of small and medium-sized enterprises and their trade associations.
4. The modifications referred to in paragraph 3 (b) and (f) shall be implemented by the Parties in accordance with their respective domestic laws, where applicable. In this case, the respective modifications shall take effect between the Republic of Colombia and each of the other Parties as of the date on which the compliance with the domestic legal requirements is communicated by means of notes.
5. Notwithstanding the provisions of paragraph 1, the Commission may meet and adopt decisions when representatives of the Republic of Colombia and the Republic of El Salvador, the Republic of Guatemala or the Republic of Honduras attend to deal with matters of bilateral interest to those Parties, provided that the other Party or Parties are notified sufficiently in advance so that they may participate in the meeting. In such cases, decisions shall be adopted by the Parties interested in the respective matter. The other Party or Parties shall intervene in the adoption of decisions upon demonstration of their interest in the matter.
6. Decisions adopted by the Commission pursuant to paragraph 5 shall have effect only as between the Parties that have adopted them.
7. The Commission shall establish its rules and procedures.
8. The Committee shall make its decisions by consensus.
9. The Commission shall meet at least once a year, in ordinary session and at the request of any Party, in extraordinary session. The sessions shall be held alternately between the Parties.
Article 17.2. Treaty Coordinators
1. Each Party shall designate a Treaty Coordinator, in accordance with Annex 17.2.
2. The Treaty Coordinators shall have the following functions:
(a) develop agendas as well as other preparations for the Commission's meetings;
(b) prepare and review the technical files necessary for decision-making within the framework of the Treaty;
(c) to follow up on the decisions made by the Commission;
(d) provide assistance to the Commission;
(e) on the instructions of the Commission, support and supervise the work of the technical committees and expert groups established under this Treaty; and
(f) to hear any other matter that may affect the operation of this Treaty, which may be entrusted to it by the Commission.
Article 17.3. Administration of Dispute Resolution Procedures
1. Each Party shall:
(a) designate an office to provide administrative support to the arbitral tribunals contemplated in Chapter 18 (Dispute Settlement) of this Agreement; and
(b) notify the Commission of the address, telephone number and any other relevant information of the place where its designated office is located.
2. Each Party shall be responsible for: (a) the operation and costs of its designated office; and
(b) the remuneration and expenses payable to arbitrators, assistants and experts, as stipulated in Annex 17.3.
Section B. Technical Committees and Expert Groups
Article 17.4. General Provisions
1. The provisions of this Section shall apply, on a supplementary basis, to all committees and groups of experts created within the framework of this Treaty.
2. Each committee and group of experts shall be composed of representatives of each of the Parties and all recommendations shall be adopted by consensus.
Article 17.5. Technical Committees
1. The Commission may establish committees other than those established in Annex 17.5.
2. Each committee shall have the following functions:
(a) promote the implementation of the Chapters of this Treaty that fall within its competence;
(b) to hear matters submitted to it by a Party that considers that an existing measure of the other Party affects the effective implementation of any commitment under the Chapters of this Agreement within its competence and to make such recommendations as it deems appropriate;
(c) request technical reports from the competent authorities, necessary for the formulation of its recommendations;
(d) evaluate and recommend to the Commission proposals for modification, amendment or addition to the provisions of the Chapters of this Treaty within its competence; and
(e) to perform such other tasks as may be entrusted to it by the Commission under the provisions of this Treaty and other instruments derived therefrom.
3. The Commission and the Treaty Coordinators shall oversee the work of all committees established or created under this Treaty.
4. Each committee may establish its own rules and procedures and those of related expert groups and shall meet at the request of either Party or the Commission.
Article 17.6. Expert Groups
Notwithstanding the provisions of Article 17.1 (3) (a), a committee may also create groups of experts, for the purpose of carrying out such technical studies as it deems necessary for the performance of its functions. The group of experts shall strictly comply with what has been entrusted to it, within the terms and time limits established. Unless otherwise provided, the group of experts shall report to the Commission or the committee that created it.
Article 17.7. Meetings of Governing Bodies
The bodies created In Sections A and B of this Chapter may meet in person or in a non face-to-face meeting, and in the latter case may use any technological means available to the Parties.
Annex 17.6. Members of the Administrative Commission of the Treaty
The Administrative Commission of the Treaty established in Article 17.1 (1) shall be composed of:
(a) with respect to the Republic of El Salvador, by the Minister of Economy;
(b) with respect to the Republic of Guatemala, by the Minister of Economy;
(c) with respect to the Republic of Honduras, by the Secretary of State in the Offices of Industry and Commerce; and
(d) with respect to the Republic of Colombia, by the Minister of Commerce, Industry and Tourism;
or their successors.
Annex 17.7. Treaty Coordinators
The Treaty Coordinators will be:
(a) with respect to the Republic of El Salvador, the Direcciédn de Administracién de Tratados Comerciales del Ministerio de Economia;
(b) with respect to the Republic of Guatemala, the Direccién de Administracién del Comercio Exterior del Ministerio de Economia;
(c) with respect to the Republic of Honduras, the General Directorate of Economic Integration and Trade Policy of the Secretariat of State in the Offices of Industry and Commerce; and
(d) with respect to the Republic of Colombia, the Directorate of Economic Integration of the Ministry of Commerce, Industry and Tourism or the agency designated by the Minister of Commerce, Industry and Tourism;
or their successors.
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ANNEX 17.8 Remuneration and Payment of Expenses
1. The Commission shall fix the amounts of remuneration and expenses to be paid to the arbitrators, their assistants and experts.
2. Each party to the dispute shall bear the expenses of its appointed arbitrator. The expenses of the Chairman of the Arbitral Tribunal and the general expenses associated with the proceedings shall be borne by the losing Party.
3. Each arbitrator, assistant and expert shall keep a record and submit a final
account of his time and expenses and the arbitration team shall keep a similar record and submit a final account of all general expenses.
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ANNEX 17.5 Committees
Committee on Agricultural Trade (Article 3.17)
Committee on Trade in Goods (Article 3.18)
(d) with respect to the Republic of Colombia, the Directorate of Economic Integration of the Ministry of Commerce, Industry and Tourism or the agency designated by the Minister of Commerce, Industry and Tourism;