Title

AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF EL SALVADOR ON RECIPROCAL TRADE

Preamble

Preamble

The United States of America and the Republic of El Salvador (hereinafter referred to individually as "Party" and collectively as "the Parties"), Emphasizing their shared values, including democracy, economic freedom, and the rule of law;

Recognizing the special bonds of friendship and cooperation between them, in particular in their trade and investment relations;

Intending to enhance reciprocity in their bilateral trade relationship by addressing tariff and non-tariff barriers; Seeking to strengthen their commercial relationship through increased alignment on national and regional economic security matters; and

Desiring to complement their rights and obligations under the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR);

HAVE AGREED as follows:

Body

Section 1. Tariffs and Quotas

Article 1.1. Tariffs

The United States shall apply a revised reciprocal tariff rate on originating goods of El Salvador as set out in Annex I of this Agreement.

Section 2. Non-Tariff Barriers and Related Matters

Article 2.1. Import Licensing

El Salvador shall not require non-automatic import licenses (1) for U.S. goods except where non-automatic import licensing is necessary to administer measures that fulfill legitimate public health or safety or national security objectives.

Article 2.2. Technical Regulations, Standards, and Conformity Assessment

1. El Salvador reaffirms its commitments to the use of international standards, described in Article 7.3 of the CAFTA-DR (International Standards). El Salvador shall apply no additional principles or criteria other than those in the TBT Committee Decision on International Standards (2) in order to recognize a standard as an international standard. For greater certainty, criteria that are not relevant to determining whether a standard is an international standard include:

(a) the domicile of the standards body;

(b) whether the standards body is non-governmental or inter-governmental; and

(c) whether the standards body limits participation to delegations.

2. El Salvador shall accord to the conformity assessment bodies of the United States treatment no less favorable than that it accords to its own bodies.

3. El Salvador shall facilitate the acceptance of U.S. compliance procedures for goods which are not subject to third-party conformity assessment in the U.S. regulatory framework.

4. El Salvador shall ensure that technical regulations, standards, and conformity assessment procedures are applied in a non-discriminatory manner and do not operate as disguised restrictions on bilateral trade and shall remove existing technical barriers to trade in areas that undermine reciprocity including requirements for duplicative or unnecessary testing or conformity assessment.

Article 2.3. Agriculture

El Salvador shall provide non-discriminatory market access for U.S. agricultural goods.

(a) El Salvador shall ensure that its sanitary and phytosanitary (SPS) measures are science- and risk-based and do not operate as disguised restrictions on bilateral trade, and shall remove unjustified SPS barriers in areas that undermine reciprocity.

(b) El Salvador shall not adopt or maintain non-scientific, discriminatory, or preferential measures that are incompatible with U.S. or international standards or otherwise disadvantage U.S. exports to El Salvador, including as a result of entering into agreements or understandings.

Article 2.4. Cheese and Meat Terms

El Salvador shall continue to not restrict U.S. market access due to the mere use of the individual cheese and meat terms listed in Annex II.

Article 2.5. Intellectual Property

El Salvador shall provide a robust standard of protection for intellectual property. (3)    El Salvador shall present to the Legislative Assembly, for its consideration, the request for accession to the international intellectual property treaties in Article 1.17 of Annex III. El Salvador shall provide effective systems for civil, criminal, and border enforcement of intellectual property rights and shall ensure that such systems combat and deter the infringement or misappropriation of intellectual property, including in the online environment. El Salvador shall prioritize and shall take effective criminal and border enforcement actions against copyright and trademark infringements.

Article 2.6. Good Regulatory Practices

El Salvador shall continue to adopt and implement good regulatory practices, as set out in Article 1.19 of Annex III, that ensure greater transparency, predictability, and participation throughout the regulatory lifecycle.

Article 2.7. Labor

1. El Salvador shall prohibit the importation of goods mined, produced, or manufactured wholly or in part by forced or compulsory labor.

2. El Salvador reaffirms its obligation as a member of the International Labor Organization (ILO) and its commitments under the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-Up (1998), as amended in 2022. Accordingly, El Salvador shall protect internationally recognized labor rights. (4)  This includes by adopting or maintaining such rights in its law and practice, and effectively enforcing its labor laws, including by creating or maintaining necessary institutions to protect labor rights. El Salvador shall establish and effectively apply appropriate legal sanctions for violations of those laws. El Salvador shall not weaken or reduce the protections in its labor laws and shall address any such weakening or reduction that has been made to encourage trade or investment to date. (5)  In addition, El Salvador shall address any issues related to labor rights that contribute to non-reciprocal trade as set out in Article 1.20 of Annex III.

Article 2.8. Environment

El Salvador shall adopt and maintain environmental protections, effectively enforce its environmental laws, uphold or institute as necessary strong environmental governance structures, and address environment-related issues that contribute to non-reciprocal trade.

Article 2.9. Customs and Trade Facilitation

El Salvador shall maintain or implement technology solutions that allow for full pre-arrival processing, paperless trade, and digitalized procedures for the movement of goods of the United States across its borders.

Article 2.10. Border Measures and Taxes

1. If the United States adopts a border measure to combat regulatory arbitrage that would disadvantage U.S. workers and businesses, El Salvador shall cooperate with the United States through appropriate border measures to address the issue.

2. El Salvador shall not impose value-added taxes that discriminate against U.S. companies in law or in fact.

Section 3. Digital Trade and Technology

Article 3.1. Digital Services Taxes

El Salvador shall not impose digital services taxes, or similar taxes, that discriminate against U.S. companies in law or in fact.

Article 3.2. Facilitation of Digital Trade

El Salvador shall facilitate digital trade with the United States, including by refraining from measures that discriminate against U.S. digital services or U.S. products distributed digitally, ensuring the free transfer of data across trusted borders for the conduct of business, and collaborating with the United States to address cybersecurity challenges.

Article 3.3. Market Entry Conditions

El Salvador shall not impose any condition or enforce any undertaking requiring U.S. persons to transfer or provide access to a particular technology, production process, source code, or other proprietary knowledge, or to purchase, utilize, or accord a preference to a particular technology, as a condition for doing business in its territory. This paragraph does not preclude a regulatory body or judicial authority of El Salvador from requiring a person of the United States to preserve and make available the source code of software, or an algorithm expressed in that source code, to the regulatory body for a specific investigation, inspection, examination, enforcement action, or judicial proceeding, subject to safeguards against unauthorized disclosure.

Article 3.4. Customs Duties on Electronic Transmissions

El Salvador shall not impose customs duties on electronic transmissions, including content transmitted electronically, as set out in Chapter 14 (Electronic Commerce) of the CAFTA-DR. The Parties shall support a permanent multilateral moratorium on customs duties on electronic transmissions.

Section 4. Rules of Origin

Article 4.1. General Provision

The Parties intend for the benefits of this Agreement to accrue substantially to them and their nationals. If benefits of this Agreement are accruing substantially to third countries or third-country nationals, a Party may establish rules of origin necessary to achieve the Parties' intention for this Agreement.

Section 5. Economic and National Security

Article 5.1. Complementary Actions

1. When the United States imposes a customs duty, quota, prohibition, fee, charge, or other import restriction on a good or service from a third country pursuant to relevant domestic law, and such measures are taken in furtherance of shared economic and national security objectives, El Salvador shall regulate the importation of that good or service into its territory through measures, deemed appropriate by El Salvador, having an equivalent restrictive effect as those of the United States.

2. El Salvador shall address unfair trade practices of companies operating in El Salvador by adopting and implementing appropriate measures, in collaboration with the United States, to prevent: (1) the export of below-market price goods from El Salvador to the United States; (2) increased exports of such goods from El Salvador to the United States that have a distortive effect in the United States; (3) a reduction in U.S. exports to El Salvador; or (4) a reduction in U.S. exports to third-country markets due to exports from El Salvador to those third country markets.

3. El Salvador shall adopt appropriate measures to encourage market-oriented conditions in the shipbuilding and shipping sector.

Article 5.2. Export Controls, Sanctions, Investment Security, and Related Matters

1. El Salvador shall cooperate with the United States to regulate trade in national security-sensitive technologies and goods through existing multilateral export control regimes, cooperate on alignment in the Parties� respective systems with U.S. export controls, and ensure that its companies do not backfill or undermine these controls.

2. El Salvador shall cooperate with the United States with a view to promoting compliance with U.S. sanctions and export controls and make best efforts to assist the United States in enforcement of U.S. sanctions and export controls.

3. El Salvador shall cooperate with the United States on investment security matters related to national security risks.

4. If the United States determines that El Salvador is cooperating to address shared national and economic security issues, the United States may take such cooperation into account in administering its laws and regulations pertaining to export controls and other measures.

Article 5.3. Procurement

El Salvador shall ensure a level playing field in procurement for countries with which it has trade agreements that include government procurement commitments.

Article 5.4. Other Measures

1. The United States shall work with El Salvador to streamline and enhance defense trade.

2. El Salvador and the United States shall enter into a duty evasion cooperation agreement within 60 days from the date of entry into force of this Agreement. The Parties shall collaborate through their customs authorities for the fulfillment of this provision.

3. El Salvador shall purchase any nuclear reactors, fuel rods, or enriched uranium from countries that do not present national security concerns.

Section 6. Commercial Considerations and Opportunities

Article 6.1. Commercial Considerations

1. El Salvador shall ensure that its State-Owned or Controlled Enterprises (SOEs), and SOEs of third countries operating in its market, when engaging in commercial activities: (1) act in accordance with commercial considerations in their purchase of goods or services; (2) refrain from discriminating against U.S. goods or services; and (3) refrain from subsidizing domestic goods producers. El Salvador shall refrain from providing non-commercial assistance or otherwise subsidizing its goods-producing SOEs, insofar as it affects trade or investment between the parties.

2. Upon the written request of the United States, El Salvador shall provide information regarding all forms of non-commercial assistance or subsidies that it provides to a manufacturing enterprise in its territory and shall take action to address the distortive impacts of those subsidies and support mechanisms on trade and investment with the United States.

Article 6.2. Investment

1. El Salvador shall allow and facilitate U.S. investment in its territory to explore, mine, extract, refine, process, transport, distribute, and export critical minerals and energy resources and to provide power generation, telecommunication, transportation, and infrastructure services on terms no less favorable than it accords to its own investors in like circumstances and shall regulate those investments in keeping with minimum standards of international law, in compliance with the commitments set out in the CAFTA-DR.

2. The United States shall work through U.S. institutions such as the Export-Import Bank of the United States (EXIM Bank) and the U.S. International Development Finance Corporation (DFC), if eligible, to consider supporting investment financing in critical sectors in El Salvador in collaboration with U.S. private sector partners, consistent with applicable law.

3. El Salvador shall facilitate private sector initiatives on job-creating, greenfield investment in the United States.

Section 7. Implementation, Enforcement, and Final Provisions

Article 7.1. Bilateral Working Group

1. The Parties hereby establish a Bilateral Working Group (the "Working Group") comprising representatives of the Parties to monitor the implementation and operation of this Agreement.

2. The Working Group shall convene no later than 6 months after entry into force of this Agreement and periodically thereafter.

Article 7.2. Annexes and Footnotes

The annexes and footnotes to this Agreement constitute an integral part of this Agreement.

Article 7.3. Authentic Languages

The texts of this Agreement in the English language and the Spanish language shall be equally authentic, except for the texts of Schedules 1A, 1B, and 2, which shall be authentic only in English.

Article 7.4. Amendments

Each Party may request reasonable modifications to this Agreement, which the other Party shall consider in good faith. The Parties may agree, in writing, to amend this Agreement if such amendment does not undermine the benefits of this Agreement or other agreements between the Parties.

Article 7.5. Enforcement

1. If either Party considers that the other Party has not complied with a provision of this Agreement, the Party may review the terms of the Agreement and take action in accordance with its law. Prior to taking such an action, a Party shall, when practicable, seek consultations with the other Party.

2. Nothing in this Agreement shall prevent, or otherwise constrain, a Party from imposing additional tariffs to remedy unfair trade practices, to address import surges, to protect economic or national security, or for other similar reasons consistent with its law.

Article 7.6. Termination

Either Party may terminate this Agreement by providing written notice of termination to the other Party. Termination shall take effect after 90 days or on another date as the Parties decide. When practicable, a Party shall provide the other Party an opportunity to consult before providing such notice.

Article 7.7. Entry Into Force

This Agreement shall enter into force five (5) days after the date on which the Parties have notified each other in writing of the completion of their respective applicable legal procedures, or on such other date as the Parties may decide.

Conclusion

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.

DONE in duplicate at Washington, District of Columbia, this twenty-ninth day of January, 2026.

For the United States of America:

For the Republic of El Salvador:

Attachments

Annex III. Specific Commitments

Section A. Non-Tariff Barriers and Related Matters

Industrial Goods

1.1. Medical Devices

1. El Salvador shall accept a prior marketing authorization that is issued by the U.S. Food and Drug Administration (FDA) as sufficient evidence that a medical device manufactured in the United States meets its requirements for marketing authorization in El Salvador. (1)

2. El Salvador shall accept Medical Device Single Audit Program MDSAP audit reports or certificates for medical device manufacturing facilities when available, and shall not adopt additional conformity assessment requirements for any routine inspections.

3. El Salvador shall accept the U.S. FDA's electronic certificates to foreign government (eCFGs) as sufficient for its certificate to foreign government (CFG) requirements for medical devices and shall not require wet signatures or apostilles.

1.2. Pharmaceutical Products

1. El Salvador shall accept a prior marketing authorization that is issued by the U.S. FDA as sufficient evidence that a pharmaceutical product manufactured in the United States meets its requirements for marketing authorization in El Salvador. (2)

2. El Salvador shall accept the U.S. FDA's electronic certificates for pharmaceutical products (eCPPs) as sufficient for its certificate for pharmaceutical product (CPP) requirements and shall not require wet signatures or apostilles.

3. El Salvador shall accept the results of a good manufacturing practice surveillance inspection conducted by the U.S. FDA of a manufacturing facility for pharmaceutical products without further need for an inspection or reinspection performed by El Salvador's relevant regulatory authorities when the following conditions apply:

(a) The manufacturing facility is within the territory of the United States; and

(b) The most recent U.S. FDA inspection report as provided by the facility is classified as no action indicated, demonstrating no objectionable conditions or practices.

1.3. Motor Vehicles and Auto Parts

1. El Salvador shall accept vehicles and vehicle parts that are manufactured to comply with U.S. Federal Motor Vehicle Safety Standards (FMVSS) and U.S. emissions standards and accept U.S. compliance procedures for automotive products without requirements for U.S. vehicles to undergo additional processes to enter El Salvador's market. This paragraph does not apply to importation of motor vehicles older than eight years or of buses and trucks older than 15 years.

2. El Salvador shall address any other standards or requirements that discriminate against U.S. vehicles and vehicle parts.

1.4. Remanufactured and Refurbished Goods

1. El Salvador shall remove any import restrictions on U.S. remanufactured goods or their parts. (3)

2. El Salvador may require that a remanufactured good:

(a) be identified as such, including through labelling, for distribution or sale in its territory, and

(b) meet all applicable technical requirements that apply to an equivalent good in new condition.

1.5. Railway Infrastructure Development Standards

1. El Salvador shall enter into regulatory and economic dialogue with U.S. transportation authorities to facilitate convergence of standards and explore business opportunities in the rail sector.

2. El Salvador shall take steps to coordinate government departments and industry stakeholders' participation in rail regulatory and economic dialogue.

1.6. Worn Clothing

El Salvador shall treat exports of worn clothing classified in HS heading 63.09 as originating under the CAFTA-DR when exported from the United States, taking into account U.S. Customs and Border Protection ruling HQ 960577 (Aug. 7, 1988).

Documentation Requirements, Formalities, and Taxes

1.7. Certificate of Free Sale

El Salvador shall ensure that its regulatory authorities accept any documentation establishing that a good may be sold on the U.S. market, or adherence to manufacturing practices recognized by U.S. regulatory authorities, as satisfying the requirement for a Certificate of Free Sale for such a good.

1.8. Product Registration

1. El Salvador shall recognize product registrations granted for U.S. products by other Central American countries under the harmonized Central America regulations as it would recognize product registrations for products of other Central American countries. Any U.S. products so registered shall be subject only to a random inspection at the point of entry in the Republic of El Salvador.

2. For purposes of a product registration requirement, El Salvador shall accord U.S. products treatment no less favorable than the treatment accorded to food and agricultural products from El Salvador or from third countries.

3. El Salvador shall publish on an official, public government website all relevant information regarding its product registration requirements, including the process for product registration, any criteria that a product must meet in order to be registered, and the standard processing period for a new product registration.

4. El Salvador shall ensure any laboratory testing results required for product registration are only required for products that have clear, documented risk based on the available science. Where El Salvador maintains a laboratory testing requirement, El Salvador shall accept laboratory testing results from accredited U.S. laboratories and shall not require lot-based testing for product registration requirements.

5. El Salvador shall ensure that any future changes made to any product registration requirements are made following public consultation.

1.9. Apostille Requirements

El Salvador shall not adopt or maintain a requirement for importers to apply an apostille to product registration documents for products from the United States and shall not require hard copies, original copies, or authenticated copies, or wet signatures.

1.10. Excise Tax on Distilled Spirits

El Salvador shall modify the application of its domestic excise tax on distilled spirits so as not to discriminate against U.S. distilled spirits exports compared to any like, directly competitive, or substitutable products.