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Canada - Costa Rica FTA (2001)
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Part Seven. OTHER PROVISIONS

Chapter XIV. Exceptions

Article XIV.1. General Exceptions

For purposes of Part Two (Trade in Goods), Article XX of the GATT 1994 and its interpretative notes, or any equivalent provision of a successor agreement to which both Parties are party, are incorporated into and made part of this Agreement, The Parties understand that the measures referred to in Article XX(b) of the GATT 1994 include environmental measures necessary to protect human, animal or plant life or health, and that Article XX(g) of the GATT 1994 applies to measures relating to the conservation of living and non-living exhaustible natural resources.

Article XIV.2. National Security

Nothing In this Agreement shall be construed:

(a) to require either Party to furnish or allow access to any information the disclosure of which it determines to be contrary to its essential security interests;

(b) to prevent either Party from taking any actions that it considers necessary for the protection of its essential security interests:

(i) relating to the traffic in arms, ammunition and implements of war and to such traffic and transactions in other goods, materials, services and technology undertaken directly or indirectly for the purpose of supplying a military or other security establishment;

(ii) taken in time of war or other emergency in international relations; or

(iii) relating to the implementation of national policies or international agreements respecting the non-proliferation of nuclear weapons or other nuclear explosive devices; or

(c) to prevent either Party from taking action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.

Article XIV.3. Taxation

1. Except as set out in this Article and in Annex XIV.3.1, nothing in this Agreement shall apply to taxation measures.

2. Nothing in this Agreement shall affect the rights and obligations of either Party under any tax convention. In the event of any inconsistency between this Agreement and any such convention, that convention shall prevail to the extent of the inconsistency.

3. Notwithstanding paragraph 2:

(a) Article I.2 (National Treatment) and such other provisions of this Agreement as are necessary to give effect to that Article shall apply to taxation measures to the same extent as does Article II of the GATT 1994; and

(b) Article I1.12 (Export Taxes) shall apply to taxation measures.

Article XIV.4. Balance of Payments

1. Nothing in this Agreement shall be construed to prevent a Party from adopting or maintaining measures that restrict transfers where the Party experiences serious balance of payments difficulties, or the threat thereof, and such restrictions are consistent with this Article.

2. As soon as practicable after a Party imposes a measure under this Article, the Party shall:

(a) submit any current account exchange restrictions to the International Monetary Fund (IMF) for review under Article VIII of the Articles of Agreement of the IMF;

(b) enter into good faith consultations with the IMF on economic adjustment measures to address the fundamental underlying economic problems causing the difficulties; and

(c) adopt or maintain economic policies consistent with such consultations.

3. A measure adopted or maintained under this Article shall:

(a) avoid unnecessary damage to the commercial, economic or financial interests of the other Party;

(b) not be more burdensome than necessary to deal with the balance of payments difficulties or threat thereof,

(c) be temporary and be phased out progressively as the balance of payments situation improves;

(d) be consistent with paragraph 2(c) and with the Articles of Agreement of the IMF; and

(e) be applied on a national treatment or most-favoured-nation treatment basis, whichever is better.

4. A Party may adopt or maintain a measure under this Article that gives priority to services that are essential to its economic program, provided that a Party may not impose a measure for the purpose of protecting a specific industry or sector unless the measure is consistent with paragraph 2(c) and with Article VII(3) of the Articles of Agreement of the IMF.

5. Restrictions imposed on transfers:

(a) where imposed on payments for current international transactions, shall be consistent with Article VIII(3) of the Articles of Agreement of the IMF;

(b) where imposed on international capital transactions, shall be consistent with Article VI of the Articles of Agreement of the IMF and be imposed only in conjunction with measures imposed on current international transactions under paragraph 2(a);

(c) where imposed on transfers covered by Article IX of the Agreement Between the Government of the Republic of Costa Rica and the Government of Canada for the Promotion and Protection of Investments, signed in San Jose on March 18, 1998, shall be consistent with Annex I, Section V of that Agreement;

(d) where imposed on transfers related to trade in goods, may not substantially impede transfers from being made in a freely usable currency at a market rate of exchange; and

(e) may not take the form of tariff surcharges, quotas, licences or similar measures.

Article XIV.5. Disclosure of Information

Nothing in this Agreement shall be construed to require a Party to furnish or allow access to information the disclosure of which would impede law enforcement or would be contrary to the Party's law protecting personal privacy or the financial affairs and accounts of individual customers of financial institutions.

Article XIV.6. Cultural Industries

Measures affecting cultural industries are exempt from the provisions of this Agreement except as specifically provided for in Chapter III (National Treatment and Market Access of Goods) of this Agreement,

Article XIV.7. Definitions

For purposes of this Chapter:

cultural industries means persons engaged in any of the following activities:

(a) the publication, distribution, or sale of books, magazines, periodicals or newspapers in print or machine readable form but not including the sole activity of printing or typesetting any of the foregoing;

(b) the production, distribution, sale or exhibition of film or video recording;

(c) the production, distribution, sale or exhibition of audio or video music recordings;

(d) the publication, distribution or sale of music in print or machine readable form; or

(e) radiocommunications in which the transmissions are intended for direct reception by the general public, and all radio, television and cable broadcasting undertakings and all satellite programming and broadcast network services,

international capital transactions means "international capital transactions" as defined under the Articles of Agreement of the IMF;

IMF means the International Monetary Fund;

payments for current international transactions means "payments for current international transactions" as defined under the Articles of Agreement of the IMF;

tax convention means a convention for the avoidance of double taxation or other international taxation agreement or arrangement;

taxation measures do not include:

(a) a"customs duty" as defined in Article 1.17 (Definitions); or

(b) the measures listed in exceptions (b), (c) and (d) of that definition; and

transfers means international transactions and related international transfers and payments,

Annex XIV.3.1. Double Taxation

1. The Parties agree to conclude a bilateral double taxation agreement within a reasonable time after the date that this Agreement enters into force.

2. The Parties agree that upon conclusion ofa bilateral double taxation agreement, they will agree to an exchange of letters setting out the relationship between the double taxation agreement and Article XTV.3 of the Agreement.

Chapter XV. Final Provisions

Article XV.1. Annexes, Appendices and Footnotes

The Annexes, Appendices and footnotes to this Agreement constitute integral parts of this Agreement.

Article XV.2. Amendments

1. The Parties may agree on any modification of or addition to this Agreement.

2. When so agreed, and approved in accordance with the applicable legal procedures of each Party, a modification or addition shall constitute an integral part of this Agreement.

Article XV.3. Reservations

This Agreement shall not be subject to unilateral reservations or unilateral interpretative declarations.

Article XV.4. Entry Into Force

This Agreement shall enter into force following an exchange of written notifications certifying the completion of necessary legal procedures. The Parties agree on the desirability of an exchange of such notifications by January 1, 2002.

Article XV.5. Duration and Termination

This Agreement shall remain in force unless terminated by either Party on 6 months’ notice to the other Party.

Article XV.6. Authentic Texts

The English, French and Spanish texts of this Agreement are equally authentic.

Previous page Page 8
  • Part   One GENERAL PART 1
  • Chapter   I Objectives 1
  • Article   I.1 Establishment of the Free Trade Area 1
  • Article   I.2 Objectives 1
  • Article   I.3 Relation to other Agreements 1
  • Article   I.4 Relation to Environmental and Conservation Agreements 1
  • Article   I.5 Extent of Obligations 1
  • Chapter   II General Definitions 1
  • Article   II.1 Definitions of General Application 1
  • Annex II.1.1  Country-Specific Definitions 1
  • Part   Two TRADE IN GOODS 1
  • Chapter   III National Treatment and Market Access of Goods 1
  • Article   III.1 Scope and Coverage 1
  • Section   I National Treatment 1
  • Article   III.2 National Treatment 1
  • Section   II Tariffs 1
  • Article   III.3 Tariff Elimination  (2) 1
  • Article   III.4 Temporary Admission of Goods 1
  • Article   III.5 Duty-Free Entry of Certain Commercial Samples and Printed Advertising Materials 1
  • Article   III.6 Goods Re-Entered after Repair or Alteration 1
  • Section   III Non-Tariff Measures 1
  • Article   III.7 Import and Export Restrictions 2
  • Article   III.8 Wine and Distilled Spirits 2
  • Article   III.9 Geographical Indications 2
  • Article   III.10 Export Taxes 2
  • Article   III.11 Other Export Measures 2
  • Article   III.12 Export Subsidies on Agricultural Goods 2
  • Article   III.13 Domestic Support for Agricultural Goods 2
  • Section   IV Consultations 2
  • Article   III.14 Consultations and Committee on Trade In Goods and Rules of Origin 2
  • Article   III.15 Customs Valuation Agreement 2
  • Section   V Definitions 2
  • Article   III.16 Definitions 2
  • Chapter   IV Rules of Origin 2
  • Article   IV.1 Originating Goods 2
  • Article   IV.2 Regional Value-content 2
  • Article   IV.3 Accumulation 2
  • Article   IV.4 De Minimis 2
  • Article   IV.5 Fungible Goods and Materials 2
  • Article   IV.6 Sets or Assortments of Goods 2
  • Article   IV.7 Accessories, Spare Parts and Tools 2
  • Article   IV.8 Indirect Materials 2
  • Article   IV.9 Packaging Materials and Containers for Retail Sale 3
  • Article   IV.10 Packing Materials and Containers for Shipment 3
  • Article   IV.11 Transshipment 3
  • Article   IV.12 Non-Qualifying Operations 3
  • Article   IV.13 Interpretation and Application 3
  • Article   IV.14 Consultation and Modifications 3
  • Article   IV.15 Definitions for Purposes of this Chapter: 3
  • Chapter   V Customs Procedures 3
  • Section   I Certification of Origin 3
  • Article   V.1 Certificate of Origin 3
  • Article   V.2 Obligations Regarding Importations 3
  • Article   V.3 Exceptions 3
  • Article   V.4 Obligations Regarding Exportations 3
  • Section   II Administration and Enforcement 3
  • Article   V.5 Records 3
  • Article   V.6 Origin Verifications 3
  • Article   V.7 Confidentiality 4
  • Article   V.8 Penalties 4
  • Section   III Advance Rulings 4
  • Article   V.9 Advance Rulings 4
  • Section   IV Review and Appeal of Advance Rulings and Origin Determinations 4
  • Article   V.10 Review and Appeal 4
  • Section   V Uniform Regulations 4
  • Article   V.11 Uniform Regulations 4
  • Section   VI Cooperation 4
  • Article   V.12 Cooperation 4
  • Article   V. 13 The Customs Sub-Committee 4
  • Article   V.14 Definitions 4
  • Chapter   VI Emergency Action 4
  • Article   VI.1 Article XIX of the GATT 1994 and the Agreement on Safeguards of the WTO. 4
  • Article   VI.2 Bilateral Actions 4
  • Article   VI.3 Administration of Emergency Action Proceedings 5
  • Article   VI.4 Dispute Settlement In Emergency Action Matters 5
  • Article   VI.5 Definitions 5
  • Chapter   VII Antidumping Measures 5
  • Article   VII.1 Antidumping Measures 5
  • Part   Three SERVICES AND INVESTMENT 5
  • Chapter   VIII Services and Investment 5
  • Article   VII.1 General Provisions 5
  • Article   VII.2 Investment 5
  • Article   VII.3 Services 5
  • Part   Four TRADE FACILITATION 5
  • Chapter   IX Trade Facilitation and Additional Provisions 5
  • Section   I Trade Facilitation 5
  • Article   IX.1 Objectives and Principles 5
  • Article   IX.2 Specific Obligations 5
  • Article   IX.3 Cooperation 5
  • Article   IX.4 Future Work Program 5
  • Section   II Additional Provisions 5
  • Article   IX.5 Sanitary and Phytosanitary Measures 5
  • Article   IX.6 Standards Including Metrology 6
  • Article   IX.7 Government Procurement 6
  • Chapter   X Temporary Entry 6
  • Article   X.1 Temporary Entry 6
  • Part   Five COMPETITION POLICY 6
  • Chapter   XI Competition Policy 6
  • Article   XI.1 Purpose 6
  • Article   XI.2 General Principles 6
  • Article   XI.3 Cooperation 6
  • Article   XI.4 Confidentiality 6
  • Article   XI.5 Technical Assistance 6
  • Article   XI.6 Consultations 6
  • Article   XI.7 Definitions 6
  • Part   Six ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS 6
  • Chapter   XII Publication, Notification and Administration of Laws 6
  • Article   XII.1 Contact Points 6
  • Article   XII.2 Publication 6
  • Article   XII.3 Notification and Provision of Information 6
  • Article   XII.4 Administrative Proceedings 6
  • Article   XII.5 Review and Appeal 6
  • Article   XII.6 Definitions 6
  • Chapter   XIII Institutional Arrangements and Dispute Settlement Procedures 6
  • Section   I Institutions 6
  • Article   XIII.1 The Free Trade Commission 6
  • Article   XIII.2 The Free Trade Coordinators 6
  • Article   XIII.3 The Secretariat 6
  • Section   II Dispute Settlement 7
  • Article   XIII.4 Cooperation 7
  • Article   XIII.5 Recourse to Dispute Settlement Procedures 7
  • Article   XIII.6 WTO Dispute Settlement 7
  • Article   XIII.7 Consultations 7
  • Article   XIII.8 Establishment of an Arbitral Panel 7
  • Article   XIII.9 Roster 7
  • Article   XIII.10 Qualifications of Panelists 7
  • Article   XIII.11 Panel Selection 7
  • Article   XIII.12 Rules of Procedure 7
  • Article   XIII.13 Role of Experts 7
  • Article   XIII.14 Initial Report 7
  • Article   XIII.15 Final Report 7
  • Article   XIII.16 Implementation of Recommendations and Rulings 7
  • Article   XIII.17 Determination of Compliance 7
  • Article   XIII.18 Compensation and Suspension of Concessions 7
  • Section   III Domestic Proceedings and Private Commercial Dispute Settlement 7
  • Article   XIII.19 Referrals of Matters from Judicial or Administrative Proceedings 7
  • Article   XIII.20 Private Rights 7
  • Article   XIII.21 Alternative Dispute Resolution 7
  • Annex XIII.1.4  Implementation of the Modifications Approved by the Commission 7
  • Annex XIII.2.2  Committees 7
  • Annex XIII.3.2  Remuneration and Payment of Expenses 7
  • Annex XIII.5  Nullification and Impairment 7
  • Part   Seven OTHER PROVISIONS 8
  • Chapter   XIV Exceptions 8
  • Article   XIV.1 General Exceptions 8
  • Article   XIV.2 National Security 8
  • Article   XIV.3 Taxation 8
  • Article   XIV.4 Balance of Payments 8
  • Article   XIV.5 Disclosure of Information 8
  • Article   XIV.6 Cultural Industries 8
  • Article   XIV.7 Definitions 8
  • Annex XIV.3.1  Double Taxation 8
  • Chapter   XV Final Provisions 8
  • Article   XV.1 Annexes, Appendices and Footnotes 8
  • Article   XV.2 Amendments 8
  • Article   XV.3 Reservations 8
  • Article   XV.4 Entry Into Force 8
  • Article   XV.5 Duration and Termination 8
  • Article   XV.6 Authentic Texts 8
    • Name
    Canada - Costa Rica FTA (2001)
    PDF Link
    Canada - Costa Rica FTA (2001)
    Signed date
    23 / Apr / 2001
    Date into force
    01 / Nov / 2002
    Treaty type
    Other International Investment Agreements
    Origin language
    en,es
    Party ISO codes
    CAN,CRI
    Relationship with other documents
    Type Agreements Date of signature Date of entry in force
    IT_OVERLAP Canada - Costa Rica BIT (1998) 18 / Mar / 1998 29 / Sep / 1999
    IT_OVERLAP Investment Facilitation for Development (2024)
    IT_OVERLAP Canada - Central America MoUTI 18 / Mar / 1998 18 / Mar / 1998
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