Colombia - Mexico - Venezuela, Bolivarian Republic of FTA (1994)
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11. Each Party may apply such measures as the circumstances warrant where the competent authority has issued an advance ruling to a person who has falsely represented or omitted material facts or circumstances on which the advance ruling is based, or has failed to act in accordance with the terms and conditions of the advance ruling.

12. The validity of an advance ruling shall be subject to the continuing obligation of the person to whom it was issued to inform the competent authority of any substantial change in the facts or circumstances on which the authority relied to issue that ruling.

Article 7-11. Customs Procedures Working Group.

1. The Parties create a Customs Procedures Working Group composed of representatives of each Party to meet at least twice a year, or at the request of either Party.

2. It will be the responsibility of the Working Group:

a) seek to reach agreements on:

i) the interpretation, application and administration of this chapter;

ii) tariff classification and valuation matters related to origin determinations;

iii) the procedures for the application, approval, modification, revocation and application of the anticipated criteria;

iv) amendments to the certificate or declaration of origin; and

v) any other matter submitted to it by a Party.

b) to examine proposals for administrative or operational changes in customs matters that may affect the flow of trade between the Parties.

Chapter VIII. Safeguards

Article 8-01. Definitions.

For the purposes of this chapter, the following definitions shall apply:

similar good: that which, although it does not coincide in all its characteristics with the good to which it is compared, has some identical characteristics, mainly as regards its nature, use, function and quality.

serious injury: a general and significant impairment of a domestic production.

Global measures: emergency measures on the importation of goods under Article XIX of GATT.

domestic production: producer or producers of identical, similar or directly competitive goods operating within the territory of one of the Parties and representing a substantial proportion of the total domestic production of such goods. From the fourth year after the entry into force of this Agreement, that substantial proportion shall be at least 40%.

Article 8-02. Safeguard Regime.

The Parties may apply to imports of goods made in accordance with this Agreement a safeguard regime whose application shall be based on clear, strict and time-bound criteria. The safeguard regime provides for measures of a bilateral or global nature.

Section A. Bilateral Measures.

Article 8-03. Conditions of Application.

If as a result of the application of the Duty Drawback Program the importation of one or more goods originating in any of the Parties is made in such quantities and under such conditions that, by themselves, they are the substantial cause of serious injury or threat of serious injury to the domestic production of identical, similar or directly competitive goods, the importing Party may adopt bilateral safeguard measures, which shall be applied in accordance with the following rules:

a) where strictly necessary to counteract serious injury or threat thereof caused by imports originating in the other Party, a Party may adopt safeguard measures within a period of fifteen years from the date of entry into force of this Agreement;

b) the measures shall be exclusively of a tariff nature. The tariff to be determined shall in no case exceed the tariff in force against third countries for that good at the time the safeguard is adopted;

c) the measures may be applied for a period of up to one year and may be extended once, for an equal and consecutive period, as long as the conditions that motivated them persist;

d) upon termination of the measure, the tariff rate or tariff rate shall be the one that corresponds to the good subject to the measure according to the Duty-Free Program.

Article 8-04. Compensation for Bilateral Measures.

1. When the cause of the application of the bilateral safeguard measure is threat of serious injury or when the Party intends to extend the measure, it shall grant the exporting Party mutually agreed compensation, which shall consist of temporary additional tariff concessions, the effects of which on the trade of the exporting Party are equivalent to the impact of the safeguard measure.

2. The Parties shall agree on the terms of the compensation referred to in paragraph 1 at the stage of prior consultations established in Article 8-14.

3. If the Parties fail to reach agreement on compensation, the Party proposing to adopt the measure shall have the authority to do so and the exporting Party may adopt tariff measures that have trade effects equivalent to those of the measure adopted.

Section B. Overall Measures

Article 8-05. Rights Under GATT.

The Parties confirm their rights and obligations under Article XIX of the GATT with respect to any emergency measures taken by a Party in the implementation of this Agreement.

Article 8-06. Criteria for the Adoption of a Measure.

1. When a Party decides to adopt a global safeguard measure, it may only apply it to the other Party when imports of a good from the latter, considered individually, represent a substantial part of total imports and contribute in a significant manner to the serious injury or threat of serious injury to the domestic production of the importing Party.

2. For the purposes of paragraph 1, the following criteria shall be taken into account:

a) imports from the other Party shall not normally be considered substantial if the other Party is not one of the five principal suppliers of the good subject to the proceeding, based on its participation in such imports during the immediately preceding three years;

b) imports from the other Party shall not normally be considered to contribute importantly to serious injury or threat of serious injury if their rate of growth during the period in which the injurious increase in imports is substantially less than the rate of growth of total imports of the good into the Party proposing to take the measure from all sources during the same period.

Article 8-07. Compensation for Global Measures.

The Party adopting a global safeguard measure shall grant the exporting Party compensation in accordance with the provisions of the GATT.

Section C. Procedure

Article 8-08. Adoption Procedure.

The Party that intends to adopt a bilateral or global safeguard measure pursuant to this Chapter shall comply with the procedure provided for in this Section.

Article 8-09. Investigation.

1. In order to determine whether a safeguard measure should be applied, the competent authority of the importing Party shall conduct an investigation, which may be ex officio or at the request of a party.

2. The purpose of the investigation referred to in the paragraph shall be:

a) assess the volume and conditions under which imports of the good in question are made;

b) prove the existence of serious injury or threat of serious injury to domestic production;

c) to prove the existence of a direct causal link between the increase in imports of the good and the serious injury or threat of serious injury to the domestic production.

Article 8-10. Determination of Damage.

For purposes of establishing the existence of serious injury or threat of serious injury, the competent authorities shall evaluate factors of an objective and quantifiable nature having a bearing on the affected domestic production, in particular the rate and amount of the increase in imports of the good in question, in absolute and relative terms; the share of the domestic market absorbed by the increase in imports; changes in the level of sales; domestic prices; production; productivity; utilization of installed capacity; profits; losses and employment.

Article 8-11. Effect of other Factors.

If factors other than increased imports from the other Party are injuring or threatening to injure domestic production at the same time, the injury caused by these factors cannot be attributed to the imports in question.

Article 8-12. Publication and Communication.

The resolution ordering the initiation of a safeguard investigation shall be published in the respective official publication of the importing Party and shall be communicated to the interested parties within ten working days following such publication.

Article 8-13. Content of the Communication.

The competent authority shall make the communication referred to in article 8-12, which shall contain sufficient background information to support and motivate the initiation of the investigation, including:

a) the names and available addresses of the domestic producers of identical or similar goods or direct competitors representative of the domestic production; their share in the domestic production of such goods and the reasons why they are considered representative of that sector;

b) aclear and complete description of the goods subject to the investigation, the tariff items under which they are classified and the tariff treatment in force, as well as the identification of identical, similar or directly competitive goods;

c) import data for the three years prior to the initiation of the investigation;

d) data on the total domestic production of the identical, similar or directly competitive goods for the three years prior to the initiation of the proceeding;

e) data demonstrating that there is prima facie evidence of serious injury or threat thereof to the domestic production in question caused by the imports, and a summary of the basis for the allegation that increased imports of such goods, relative or absolute to domestic production, are the cause thereof; and

f) where appropriate, the criteria and objective information demonstrating that the conditions for the application of a comprehensive safeguard measure to the other Party set out in this Chapter are met.

Article 8-14. Prior Consultations.

1. If, as aresult of the safeguard investigation, the competent authority determines, on the basis of objective evidence, that the conditions provided for in this Chapter are met, the Party that decides to initiate a procedure that could result in the adoption of a safeguard measure shall so inform the other Party, requesting consultations as provided for in this Chapter.

2. A third Party that expresses a substantial interest in the application of a bilateral safeguard measure because its trade may be affected by the application of the measure may participate in the consultations referred to in paragraph 1.

3. The importing Party shall provide adequate opportunity for prior consultations. The period of prior consultations shall begin on the day following receipt by the exporting Party of the communication containing the request for such consultations. The communication shall contain the data demonstrating the serious injury or threat of serious injury caused by the imports subject to investigation, and relevant information on the safeguard measures intended to be taken and their duration.

4. The prior consultation period shall be forty-five days, unless the Parties agree otherwise.

5. Safeguard measures may only be adopted once the prior consultation period has concluded.

Article 8-15. Confidential Information.

1. The consultation procedure shall not oblige the Parties to disclose information that has been provided on a confidential basis, the disclosure of which could infringe their laws regulating the matter or harm commercial interests.

2. Notwithstanding the foregoing, the importing Party intending to apply the measure shall provide a non- confidential summary of the information of a confidential nature.

Article 8-16. Remarks by the Exporting Party.

During the consultation period, the exporting Party shall make such comments as it deems appropriate, in particular on the appropriateness of invoking the safeguard and the proposed measures.

Article 8-17. Extension.

If the importing Party determines that the reasons that gave rise to the application of the safeguard measure still exist, it shall inform the exporting Party of its intention to extend it, at least sixty days prior to the expiration of the validity of such measures. The extension procedure shall be carried out in accordance with the provisions established in this Chapter for the adoption of safeguard measures.

Chapter IX. Unfair International Trade Practices

Article 9-01. Definitions.

For the purposes of this chapter, the following definitions shall apply: countervailing duty: antidumping duties and countervailing duties or countervailing duties, as the case may be.

interested party: the producers, importers and exporters of the good subject to investigation, as well as foreign legal entities or legal persons having a direct interest in the investigation in question.

final determination: the resolution of the authority that decides whether or not to impose definitive countervailing duties.

initial resolution: the resolution of the competent authority formally declaring the initiation of the investigation.

preliminary determination: the determination of the competent authority that decides whether or not to impose a provisional countervailing duty.

Article 9-02. Export Subsidies.

From the entry into force of this Agreement, the Parties shall not grant subsidies to exports of industrial goods destined for the markets of the Parties. Subsidies on exports of agricultural goods shall be governed in accordance with the provisions of Chapter V, Section A.

Article 9-03. Compensatory Fees.

The importing Party, in accordance with its legislation and in conformity with the provisions of this Agreement, the GATT, the Agreement on Implementation of Article VI of the GATT (Antidumping Code), the Agreement on the Interpretation and Application of Articles VI, XVI and XXIII of the GATT (Subsidies and Countervailing Duties Code), may establish and apply countervailing duties in the event of situations in which, through an objective examination based on positive evidence:

a) the existence of imports is determined:

i) under conditions of dumping; or

ii) of goods that have received export subsidies, including subsidies other than those granted to exports, that adversely affect the conditions of normal competition; and

b) the existence of injury or threat of injury to the domestic production of identical or similar goods in the importing Party or the significant delay in the commencement of such production, as a result of such imports of identical or similar goods from another Party, is proven.

Article 9-04. Minimum Margins.

1. The Party shall terminate the investigations referred to in Article 9-03 when the margin of dumping is less than 2% of the normal value of the investigated good or when the amount of the subsidy is less than 1% ad valorem.

2. Likewise, the investigations referred to in Article 9-03 shall be terminated when the volume of dumped or subsidized imports represents less than 1% of the domestic market of the like good in the importing Party, except in the case in which the volume of imports from the exporting Party is lower, individually considered, but cumulated with dumped or subsidized imports from other countries, represents more than 2.5% of that market.

Article 9-05. Communications and Deadlines.

1. Each Party shall communicate the resolutions on the matter directly to its importers and to the exporters of the other Party of which it is aware and, where appropriate, to the government of the exporting Party, to the responsible national body referred to in Chapter XX, and to the diplomatic mission of the exporting Party accredited in the Party conducting the investigation. Likewise, actions shall be taken to identify and locate the interested parties in the proceeding in order to guarantee the exercise of the right of defense.

2. The communication of the initial determination shall be made within eight working days of its publication in the official publication of the importing Party.

3. The communication of the initial resolution shall contain, at least, the following information:

a) the time limits and place for the presentation of pleadings, evidence and other documents; and

b) the name, address and telephone number of the office where information can be obtained, consultations can be made and the case file can be inspected.

4. Acopy of the respective publication in the official organ of diffusion of the importing Party, as well as a copy of the public version of the complaint and its annexes, shall be sent to the exporters with the communication.

5. The Party shall grant the interested parties of which it has knowledge a period of no less than thirty working days to respond, counted from the publication of the initial resolution in the respective official organ of diffusion, in order for them to appear to state what is in their best interest, and shall grant the interested parties an equal period for the same purposes counted from the publication of the preliminary resolution in that organ.

Article 9-06. Contents of the Resolutions.

The initial, preliminary and final determination shall contain at least the following:

a) the name of the applicant;

b) the indication of the imported good subject to the procedure and its tariff classification;

c) the elements and evidence used to determine the existence of the unfair practice, the damage or threat of damage, and its causal relationship;

d) the legal and factual considerations that led the authority to initiate an investigation or to impose an antidumping duty; and

e) the legal arguments, data, facts or circumstances that support and motivate the resolution in question.

Article 9-07. Rights and Obligations of the Interested Parties.

For the purposes of the rights and obligations established in this Chapter, each Party shall ensure that the interested parties in the administrative investigation have the same rights and obligations. The rights and obligations of the interested parties shall be respected and observed, both in the course of the proceeding and in the administrative and contentious instances that are filed against the final determinations.

Article 9-08. Clarifications.

Once a provisional or definitive countervailing duty has been imposed, the interested parties may request the authority that issued the act to resolve whether a certain good is subject to the measure imposed, or to clarify any aspect of the corresponding resolution.

Article 9-09. Conciliation Hearings.

During the course of the investigation, any interested party may request the competent authority to hold conciliatory hearings with a view to reaching a satisfactory solution.

Article 9-10. Revision.

Definitive countervailing duties may be reviewed by the competent authority in the event of changed circumstances in the market of the importing Party and the export market.

Article 9-11. Validity of Countervailing Duties.

A definitive antidumping duty will be automatically eliminated when after five years from the date of its entry into force, none of the interested parties has requested its review, nor has the competent authority initiated such review ex Officio.

Article 9-12. Access to the File.

Interested parties shall have access to the administrative file of the proceeding in question, except for confidential information contained therein.

Article 9-13. Dispatch of Copies.

Interested parties in the investigation may send to the other interested parties copies of each of the reports, documents and evidence submitted to the investigating authority in the course of the investigation.

Article 9-14. Information Meetings.

1. The competent authority of the importing Party, at the request of the interested parties, shall hold information meetings to provide relevant information on the content of the provisional and final determinations.

2. With respect to a preliminary determination, the request referred to in paragraph 1 may be submitted at any time during the investigation. In the case of a final resolution, such request shall be submitted within five working days following the publication of the resolution in the respective official organ of dissemination. In both cases the competent authority shall conduct the meeting within fifteen working days from the filing of the request.

3. In the information meetings referred to in paragraphs 1 and 2, the interested parties shall have the right to review the reports or technical reports, the methodology, the spreadsheets and, in general, any element on which the corresponding resolution has been based, except for confidential information.

Article 9-15. Other Rights of Interested Parties.

1. The competent authorities shall hold, at the request of a party, conciliatory meetings in which the interested parties may appear and listen to their counterparts regarding the information or evidence that the investigating authority deems appropriate.

2. Interested parties shall be given the opportunity to present their allegations after the evidence period. The pleadings shall consist of the presentation in writing of conclusions regarding the information and arguments rendered during the course of the investigation.

Article 9-16. Publication.

Each Party shall publish the following resolutions in its respective official organ of diffusion:

a) the initial, preliminary and final determination;

b) that which declares the administrative investigation concluded:

i) because of commitments with the exporting Party or with the exporters, as the case may be;

ii) because of commitments arising from conciliation hearings; or

iii) for any other cause.

c) those rejecting the complaints; and

d) those by which the withdrawals of the complainants are accepted.

Article 9-17. Access to other Files.

The competent authority of each Party shall allow interested parties, in the course of an investigation, access to public information contained in the administrative records of any other investigation, after sixty working days from the final resolution of the investigation.

Article 9-18. Reimbursement or Reimbursement.

If a final determination determines a lower countervailing duty than that provisionally determined, the competent authority of the importing Party shall refund the amounts paid in excess.

Article 9-19. Time Limits for Provisional Measures.

No Party shall impose a provisional countervailing duty until sixty working days after the date of publication of the initial determination in its respective official publication.

Article 9-20. Reforms to National Legislation.

1. When a Party decides to amend, add or repeal its legal provisions on unfair international trade practices, it shall notify the other Parties immediately after their publication in its respective official organ of diffusion.

2. Amendments, additions or abrogations shall be compatible with the international regulations mentioned in article 9-03.

  • Chapter   I Initial Provisions. 1
  • Article   1-01 Objectives 1
  • Article   1-02 Relationship with other International Treaties. 1
  • Article   1-03 Relations between Colombia and Venezuela. 1
  • Article   1-04 Compliance with the Treaty. 1
  • Article   1-05 Succession of Treaties. 1
  • Chapter   II General Definitions 1
  • Article   2-01 Definitions of General Application 1
  • Chapter   III National Treatment and Market Access for Goods 1
  • Section   A Definitions 1
  • Article   3-01 Definitions. 1
  • Section   B Scope of Application and National Treatment 1
  • Article   3-02 Scope of Application. 1
  • Article   3-03 National Treatment. 1
  • Section   C Import Taxes 1
  • Article   3-04 Import Tax Exemption. 1
  • Article   3-05 Customs Valuation. 1
  • Article   3-06 Temporary Importation of Goods. 1
  • Article   3-07 Importation of Samples with No Commercial Value. 1
  • Article   3-08 Temporary Flexibility Levels for Certain Goods Classified In Chapters 51 to 63 of the Harmonized System 1
  • Section   D Non-Tariff Measures 1
  • Article   3-09 Import and Export Restrictions. 1
  • Article   3-10 Customs Duties. 1
  • Article   3-11 Export Taxes. 1
  • Article   3-12 Country of Origin Marking. 1
  • Article   3-13 Publication and Communication. 1
  • Chapter   IV Automotive Sector 2
  • Article   4-01 Definitions. 2
  • Article   4-02 Scope of Application. 2
  • Article   4-03 Automotive Sector Committee. 2
  • Article   4-04 Elimination of Import Taxes. 2
  • Article   4-05 Rules of Origin. 2
  • Article   4-06 Performance Requirements. 2
  • Article   4-07 Used Automotive Goods. 2
  • Article   4-08 Extension of the PAR. 2
  • Chapter   V Agricultural Sector and Phytosanitary and Zoosanitary Measures 2
  • Section   A Agricultural Sector 2
  • Article   5-01 Definitions. 2
  • Article   5-02 Scope of Application. 2
  • Article   5-03 Intergovernmental Agreements. 2
  • Article   5-04 Access to Markets. 2
  • Article   5-05 Special Safeguards. 2
  • Article   5-06 Refund of Import Taxes on Products Exported Under Identical or Similar Conditions. 2
  • Article   5-07 Internal Support Measures. 2
  • Article   5-08 Export Subsidies. 2
  • Article   5-09 Technical and Agricultural Marketing Standards. 2
  • Article   5-10 Agricultural Trade Committee. 2
  • Section   B Phytosanitary and Zoosanitary Measures 2
  • Article   5-11 Definitions. 2
  • Article   5-12 Scope of application. 3
  • Article   5-13 Right to adopt phytosanitary and zoosanitary measures. 3
  • Article   5-14 Right to set the level of protection. 3
  • Article   5-15 Scientific principles. 3
  • Article   5-16 Non-discriminatory treatment. 3
  • Article   5-17 Unnecessary Obstacles. 3
  • Article   5-18 Covert restrictions. 3
  • Article   5-19 Action by non-governmental organizations. 3
  • Article   5-20 International standards and international standardization organizations. 3
  • Article   5-21 Equivalence. 3
  • Article   5-22 Risk assessment and adequate level of protection. 3
  • Article   5-23 Adaptation to regional conditions. 3
  • Article   5-24 Control, inspection and approval procedures. 3
  • Article   5-25 Communication, publication and provision of information. 3
  • Article   5-26 Information centers. 3
  • Article   5-27 Technical cooperation. 3
  • Article   5-28 Limitations on the provision of information. 3
  • Article   5-29 Committee on phytosanitary and zoosanitary measures. 3
  • Article   5-30 Technical consultations 3
  • Chapter   VI Rules of Origin 3
  • Article   6-01 Definitions 3
  • Article   6-02 Interpretation and Application. 4
  • Article   6-03 Originating Goods. 4
  • Article   6-04 Value of Regional Content. 4
  • Article   6-05 Value of Non-originating Materials. 4
  • Article   6-06 De Minimis. 4
  • Article   6-07 Intermediate Materials. 4
  • Article   6-08 Accumulation. 4
  • Article   6-09 Expendable Property and Materials. 4
  • Article   6-10 Sets or Assortments. 4
  • Article   6-11 Non-origin Conferring Transactions and Practices. 4
  • Article   6-12 Transshipment and Direct Shipment. 4
  • Article   6-13 Indirect Materials. 4
  • Article   6-14 Accessories, Spare Parts and Tools. 4
  • Article   6-15 Containers and Packaging Materials for Retail Sale. 4
  • Article   6-16 Containers and packing materials for shipment. 5
  • Article   6-17 Consultation and modifications. 5
  • Article   6-18 Regional content provisions. 5
  • Article   6-19 Special provisions. 5
  • Article   6-20 Regional Input Integration Committee. 5
  • Article   6-21 Functions of CIRI. 5
  • Article   6-22 Procedure. 5
  • Article   6-23 Opinion to the Commission. 5
  • Article   6.24 Resolution of the Commission. 5
  • Article   6-25 Referral to the Commission. 5
  • Article   6-26 Operating Regulations. 5
  • Chapter   VII Customs Procedures 5
  • Article   7-01 Definitions 5
  • Article   7-02 Declaration and certification of origin. 5
  • Article   7-03 Obligations with respect to imports. 5
  • Article   7-04 Obligations with respect to exports. 5
  • Article   7-05 Exceptions. 5
  • Article   7-06 Accounting records. 5
  • Article   7-07 Procedures to verify origin. 5
  • Article   7-08 Review and challenge. 5
  • Article   7-09 Sanctions. 5
  • Article   7-10 Anticipated criteria. 5
  • Article   7-11 Customs Procedures Working Group. 6
  • Chapter   VIII Safeguards 6
  • Article   8-01 Definitions. 6
  • Article   8-02 Safeguard regime. 6
  • Section   A Bilateral Measures. 6
  • Article   8-03 Conditions of application. 6
  • Article   8-04 Compensation for bilateral measures. 6
  • Section   B Overall Measures 6
  • Article   8-05 Rights under GATT. 6
  • Article   8-06 Criteria for the adoption of a measure. 6
  • Article   8-07 Compensation for global measures. 6
  • Section   C Procedure 6
  • Article   8-08 Adoption procedure. 6
  • Article   8-09 Investigation. 6
  • Article   8-10 Determination of damage. 6
  • Article   8-11 Effect of other factors. 6
  • Article   8-12 Publication and communication. 6
  • Article   8-13 Content of the communication. 6
  • Article   8-14 Prior consultations. 6
  • Article   8-15 Confidential information. 6
  • Article   8-16 Remarks by the exporting Party. 6
  • Article   8-17 Extension. 6
  • Chapter   IX Unfair international trade practices 6
  • Article   9-01 Definitions. 6
  • Article   9-02 Export Subsidies. 6
  • Article   9-03 Compensatory fees. 6
  • Article   9-04 Minimum margins. 6
  • Article   9-05 Communications and deadlines. 6
  • Article   9-06 Contents of the resolutions. 6
  • Article   9-07 Rights and obligations of the interested parties. 6
  • Article   9-08 Clarifications. 6
  • Article   9-09 Conciliation hearings. 6
  • Article   9-10 Revision. 6
  • Article   9-11 Validity of countervailing duties. 6
  • Article   9-12 Access to the file. 6
  • Article   9-13 Dispatch of copies. 6
  • Article   9-14 Information meetings. 6
  • Article   9-15 Other rights of interested parties. 6
  • Article   9-16 Publication. 6
  • Article   9-17 Access to other files. 6
  • Article   9-18 Reimbursement or reimbursement. 6
  • Article   9-19 Time limits for provisional measures. 6
  • Article   9-20 Reforms to national legislation. 6
  • Article   9-21 Substantiation of the procedure. 7
  • Article   9-22 Settlement of disputes. 7
  • Chapter   X General Principles on Trade in Services 7
  • Article   10-01 Definitions 7
  • Article   10-02 Scope of application. 7
  • Article   10-03 Transparency. 7
  • Article   10-04 National treatment. 7
  • Article   10-05 Most favored nation treatment. 7
  • Article   10-06 Local presence not mandatory. 7
  • Article   10-07 Consolidation of measures. 7
  • Article   10-08 Non-discriminatory quantitative restrictions. 7
  • Article   10-09 Future release. 7
  • Article   10-10 Release of non-discriminatory measures. 7
  • Article   10-11 Reciprocity and global balance. 7
  • Article   10-12 Procedures. 7
  • Article   10-13 Technical cooperation. 7
  • Article   10-14 Granting of licenses and certificates. 7
  • Article   10-15 Denial of benefits. 7
  • Chapter   XI Telecommunications 7
  • Article   11-01 Definitions 7
  • Article   11-02 General principles. 7
  • Article   11-03 Scope of application. 7
  • Article   11-04 Access to and use of public telecommunications transport networks and services. 7
  • Article   11-05 Conditions for the provision of value-added services. 7
  • Article   11-08 Measures relating to standardization. 7
  • Article   11-07 Monopolies. 8
  • Article   11-08 Relationship with international organizations and agreements. 8
  • Article   11-09 Technical cooperation. 8
  • Article   11-10 Transparency. 8
  • Article   11-11 Denial of benefits. 8
  • Article   11-12 Schedule for the release of value-added services. 8
  • Article   11-13 Other provisions. 8
  • Chapter   XII Financial Services 8
  • Article   12-01 Definitions. 8
  • Article   12-02 Scope of application. 8
  • Article   12-03 Self-regulated organizations. 8
  • Article   12-04 Right of establishment. 8
  • Article   12-05 Cross-border trade. 8
  • Article   12-06 National treatment. 8
  • Article   12-07 Most favored nation treatment. 8
  • Article   12-08 Recognition and harmonization. 8
  • Article   12-09 Exceptions. 8
  • Article   12-10 Transparency. 8
  • Article   12-11 Financial Services Committee. 8
  • Article   12-12 Consultations. 8
  • Article   12-13 New financial services and data processing. 8
  • Article   12-14 Senior management and management bodies. 8
  • Article   12-15 Preparation of reservations. 9
  • Article   12-16 Denial of benefits. 9
  • Article   12-17 Transfers. 9
  • Article   12-18 Balance of payments and safeguard. 9
  • Article   12-19 Settlement of disputes between the Parties. 9
  • Article   12-20 Disputes between an investor and a Party. 9
  • Chapter   XIII Temporary entry of business persons 9
  • Article   13-01 Definitions 9
  • Article   13-02 General principles. 9
  • Article   13-03 General obligations. 9
  • Article   13-04 Authorization of temporary entry. 9
  • Article   13-05 Availability of information. 9
  • Article   13-06 Working Group. 9
  • Article   13-07 Settlement of disputes. 9
  • Article   13-08 Relationship with other chapters. 9
  • Annex to Article 13-04  Business persons 9
  • Section   A Business Visitors 9
  • Section   B Investors 9
  • Section   C Transfer of personnel within a company 9
  • Section   D Professionals 9
  • Appendix to Section A of the Annex to Article 13-04  Categories of Business Visitors 9
  • Chapter   XIV Technical Standards 10
  • Article   14-01 Definitions. 10
  • Article   14-02 Scope of application. 10
  • Article   14-03 Scope of obligations. 10
  • Article   14-04 Reaffirmation of international rights and obligations. 10
  • Article   14-05 Basic obligations and rights. 10
  • Article   14-06 Use of international standards. 10
  • Article   14-07 Compatibility and equivalence. 10
  • Article   14-08 Conformity assessment. 10
  • Article   14-09 Publication and provision of information. 10
  • Article   14-10 Information centers. 10
  • Article   14-11 Limitations on the provision of information. 10
  • Article   14-12 Metrological standards. 10
  • Article   14-13 Health protection. 10
  • Article   14-14 Risk assessment. 10
  • Article   14-15 Handling of hazardous substances. 10
  • Article   14-16 Labeling. 10
  • Article   14-17 Committee for standardization measures. 10
  • Article   14-18 Technical Consultations. 11
  • Chapter   XV Public Sector Procurement 11
  • Section   A Scope of Application and National Treatment 11
  • Article   15-01 Definitions. 11
  • Article   15-02 Scope of Application and Coverage of Obligations. 11
  • Article   15-03 Valuation of Contracts. 11
  • Article   15-04 National Treatment and Non-discrimination, and Most Favored Nation Treatment. 11
  • Article   15-05 Rules of Origin. 11
  • Article   15-06 Denial of Benefits. 11
  • Article   15-07 Prohibition of Special Compensatory Conditions. 11
  • Article   15-08 Technical Specifications. 11
  • Section   B Bidding Procedures 11
  • Article   15-09 Bidding Procedures. 11
  • Article   15-10 Qualification of Suppliers. 11
  • Article   15-11 Invitation to Participate. 11
  • Article   15-12 Selective bidding procedures. 12
  • Section   B Bidding Procedures 12
  • Article   15-13 Time limits for bidding and delivery. 12
  • Article   15-14 Bidding conditions. 12
  • Article   15-15 Submission, receipt and opening of bids and award of contracts. 12
  • Article   15-16 Restricted bidding. 12
  • Section   C Challenge and Dispute Resolution Procedures. 12
  • Article   15-17 Challenge procedures. 12
  • Article   15-18 Settlement of disputes. 12
  • Section   D General Provisions 12
  • Article   15-19 Exceptions. 12
  • Article   15-20 Provision of information 12
  • Article   15-21 Technical Cooperation. 13
  • Article   15-22 Joint participation programs for micro, small and medium industry. 13
  • Article   15-23 Rectifications or modifications. 13
  • Article   15-24 Disposal of entities. 13
  • Article   15-25 Future negotiations. 13
  • Article   15-26 Protocols annexed. 13
  • Chapter   XVI Policy with respect to state enterprises 13
  • Article   16-01 Definitions. 13
  • Article   16-02 Monopolies and state enterprises. 13
  • Article   16-03 Committees. 13
  • Chapter   XVII Investment 13
  • Section   A Investment 13
  • Article   17-01 Definitions 13
  • Article   17-02 Scope of Application. 13
  • Article   17-03 National Treatment and Most-Favored Nation Treatment. 13
  • Article   17-04 Performance requirements. 13
  • Article   17-05 Employment and Business Management. 13
  • Article   17-06 Preparation of Reservations 13
  • Article   17-07 Transfers. 13
  • Article   17-08 Expropriation and Compensation. 13
  • Article   17-09 Special Formalities and Information Requirements 14
  • Article   17-10 Relationship with other Chapters 14
  • Article   17-11 Denial of Benefits. 14
  • Article   17-12 Extraterritorial Application of the Legislation of a Party. 14
  • Article   17-13 Measures Relating to the Environment. 14
  • Article   17-14 Investment Promotion and Information Exchange. 14
  • Article   17-15 Double Taxation. 14
  • Section   B Dispute Settlement between a Party and an Investor of another Party 14
  • Article   17-16 Objective and Scope of Application. 14
  • Article   17-17 Requirements for the Filing of a Claim. 14
  • Article   17-18 Communication and Submission of the Claim to Arbitration. 14
  • Article   17-19 Consolidation of Proceedings. 14
  • Article   17-20 Applicable Law 14
  • Article   17-21 Final Award 14
  • Article   17-22 Payments under insurance or guarantee contracts. 14
  • Article   17-23 Finality and enforcement of the award. 14
  • Article   17-24 Exclusions. 14
  • Annex to Article 17-08  14
  • Annex to Article 17.16  Rules of procedure 14
  • Chapter   XVIII Intellectual Property 14
  • Section   A General Provisions. 14
  • Article   18-01 Basic principles. 14
  • Section   B Copyright and related rights. 15
  • Article   18-02 Basic principles. 15
  • Article   18-03 Category of works. 15
  • Article   18-04 Content of copyrights. 15
  • Article   18-05 Performers' rights. 15
  • Article   18-06 Phonograms. 15
  • Article   18-07 Rights of radio broadcasting organizations. 15
  • Section   C Industrial Property 15
  • Article   18-08 Subject matter of trademark protection 15
  • Article   18-09 Rights conferred by trademarks. 15
  • Article   18-10 Well-known trademarks. 15
  • Article   18-11 Signs not registrable as trademarks. 15
  • Article   18-12 Publication of the application or registration of trademarks. 15
  • Article   18-13 Cancellation, revocation or nullity of registration of trademarks. 15
  • Article   18-14 Duration of trademark protection. 15
  • Article   18-15 Licenses and assignment of trademarks. 15
  • Article   18-16 Protection of appellations of origin and geographical indications 15
  • Article   18-17 Protection of industrial secrets. 15
  • Article   18-18 Information not considered as industrial secret. 15
  • Article   18-19 Support of the industrial secret. 15
  • Article   18-20 Validity of trade secret protection. 15
  • Article   18-21 Obligations of the user of a trade secret. 15
  • Article   18-22 Data protection of pharmochemical or agrochemical goods. 15
  • Article   18-23 Protection of plant varieties. 15
  • Section   D Technology Transfer. 15
  • Article   18-24 Promotion of technology transfer. 15
  • Section   E Enforcement of Intellectual Property Rights. 15
  • Article   18-25 Application of existing guarantees. 15
  • Article   18-26 Guiding principles. 15
  • Article   18-27 Essential procedural guarantees. 15
  • Article   18-28 Measures to prevent or repair damage. 15
  • Article   18-29 Compensation and costs. 16
  • Article   18-30 Administrative procedures. 16
  • Article   18-31 Criminal proceedings. 16
  • Article   18-32 Enforcement of intellectual property rights at the border. 16
  • Article   18-33 Withholding procedures initiated ex officio. 16
  • Article   18-34 Applicable principles. 16
  • Chapter   XIX Settlement of Disputes. 16
  • Article   19-01 Cooperation. 16
  • Article   19-02 Scope of application. 16
  • Article   19-03 Dispute settlement under GATT. 16
  • Article   19-04 Dispute settlement under the Cartagena Agreement. 16
  • Article   19-05 Consultations. 16
  • Article   19-06 Intervention of the Commission, good offices, conciliation and mediation. 16
  • Article   19-07 Recourse to the arbitral tribunal. 16
  • Article   19-08 List of Arbitrators. 16
  • Article   19-09 Constitution of the arbitral tribunal. 16
  • Article   19-10 Challenge 16
  • Article   19-11 Remuneration and payment of costs. 16
  • Article   19-12 Rules of procedure. 16
  • Article   19-13 Participation of the third party. 16
  • Article   19-14 Preliminary decision. 16
  • Article   19-15 Final decision. 16
  • Article   19-16 Compliance with the final decision. 16
  • Article   19-17 Suspension of benefits. 16
  • Article   19-18 Interpretation by the Commission. 16
  • Article   19-19 Alternative means of dispute resolution. 16
  • Annex to Article 19-02  Nullification and impairment 16
  • Chapter   XX Administration of the Treaty 17
  • Article   20 National Sections. 17
  • Annex 1 to Article 20-01  National Responsible National Bodies 17
  • Annex 2 to Article 20-01  Committees, Subcommittees and Working Groups 17
  • Chapter   XXI Transparency 17
  • Article   21-01 Information Center. 17
  • Article   21-02 Publication. 17
  • Article   21-03 Provision of Information. 17
  • Article   21-04 Guarantees of Hearing, Legality and Due Process. 17
  • Chapter   XXII Exceptions 17
  • Article   22-01 General Exceptions. 17
  • Article   22-02 National Security. 17
  • Article   22-03 Disclosure of Information. 17
  • Chapter   XXIII Final Provisions 17
  • Article   23-01 Annexes. 17
  • Article   23-02 Amendments. 17
  • Article   23-03 Convergence. 17
  • Article   23-04 Entry Into Force. 17
  • Article   23-05 Validity. 17
  • Article   23-06 Reservations. 17
  • Article   23-07 Accession. 17
  • Article   23-08 Denounciation. 17
  • Article   23-09 Evaluation of the Treaty. 17