Agriculture
1.11. Recognition of the U.S. Food and Agricultural Control System and Acceptance of Certificates Issued by U.S. Regulatory Authorities
1. El Salvador affirms its rights and obligations under the World Trade Organization (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement).
2. El Salvador shall recognize that the U.S. sanitary and phytosanitary (SPS) measures and other measures for food and agricultural products, including technical regulations and standards, adopted or maintained by the U.S. government (4) satisfy the requirements of El Salvador's measures applied to food and agricultural products imported into El Salvador.
3. Further to paragraph 1, El Salvador shall accept any bilateral export certification documents or electronic data elements agreed upon between the United States and El Salvador, or other official U.S. government certification of compliance with U.S. requirements, for imports of food and agricultural products into El Salvador. El Salvador shall continue to ensure that any changes made to any bilateral export certification documents are made through a consultative process with the United States.
4. El Salvador shall limit attestations and information required in certificates required for imports of U.S. food and agricultural products to what is necessary to comply with applicable U.S. requirements.
I5. El Salvador affirms its commitments under Annex B of the WTO SPS Agreement and Article 2 and Article 5 of the Agreement on Technical Barriers to Trade (TBT) to notify proposed measures to the WTO SPS or TBT Committee, as appropriate, and to take into account comments received from WTO Members before the measure is final.
1.12. Risk-based Requirements for Food and Agricultural Products
El Salvador's Ministry of Agriculture (MAG) shall ensure that fumigation of food and agricultural products at ports of entry shall be conducted only when justified through a science-based risk analysis.
1.13. Facility Registration / Establishment Listing
Dairy Products
1. El Salvador shall:
(a) recognize the U.S. dairy-safety system as providing at least the same level of protection as El Salvador�s dairy-safety system;
(b) allow imports of U.S. dairy products of bovine, ovine, and caprine origins when accompanied by a standard U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) dairy sanitary certificate; and
(c) not adopt or maintain a facility registration requirement for imports of U.S. dairy products into El Salvador.
Meat and Poultry (Including Offal), Meat and Poultry Products, Processed Meat and Poultry, Siluriformes, and Egg Products
2. El Salvador shall recognize USDA Food Safety and Inspection Service (FSIS) oversight of U.S. meat and poultry (including offal), meat and poultry products, processed meat and poultry, Siluriformes, and egg product facilities, including cold storage warehouse facilities, for purposes of allowing imports of U.S. meat and poultry (including offal), meat and poultry products, processed meat and poultry, Siluriformes, and egg products.
3. El Salvador shall accept the FSIS Meat, Poultry and Egg Product Inspection (MPI) Directory, which lists all Federally inspected establishments producing meat, poultry, Siluriformes, and egg products regulated by FSIS, as the official list of eligible U.S. establishments eligible to export meat and poultry (including offal), meat and poultry products, processed meat and poultry, Siluriformes, and egg products to El Salvador.
4. El Salvador shall accept U.S. meat and poultry (including offal), meat and poultry products, processed meat and poultry, Siluriformes, and egg products inspected by FSIS and certified using a FSIS Export Certificate of Wholesomeness (FSIS 9060-5 series certificate) or electronic data elements, or any successor thereto. El Salvador shall not require El Salvador's Certificate of Free Sale for U.S. meat and poultry (including offal), meat and poultry products, processed meat and poultry, Siluriformes, and egg products.
5. El Salvador shall accept digitally signed FSIS Form 9060-5 series certificates signed by any FSIS-authorized personnel.
6. El Salvador shall impose no additional facility registration requirements on U.S. meat and poultry (including offal), meat and poultry products, processed meat and poultry, Siluriformes, and egg products.
1.14. Fraudulent Labeling of Non-U.S. Rice
El Salvador shall cooperate with the United States and take action to prevent the fraudulent labeling of non-U.S. origin rice as U.S. origin rice and the re-export of such fraudulently labeled rice.
1.15. Agricultural Biotechnology
1. Noting the ability of agricultural biotechnology to improve lives by helping to feed growing populations and by promoting improved agricultural productivity while optimizing inputs, El Salvador shall endeavor to maintain, for products of agricultural biotechnology, science- and risk-based regulatory frameworks and efficient authorization processes, in order to facilitate increased trade in such products.
2. Recognizing the efficacy of the U.S. regulatory system to assess the safety of products of agricultural biotechnology, within six months of the date of entry into force of this Agreement, El Salvador shall endeavor to implement a policy whereby any food or feed developed from products of agricultural biotechnology that can be legally sold in the United States can be imported and marketed in El Salvador for the same purposes without requiring a pre-market review, deregulation, additional labeling requirements, or approval by El Salvadorian authorities.
3. In the event of an occurrence of low-level presence (LLP) affecting a U.S. shipment exported to El Salvador, El Salvador shall ensure that the LLP occurrence is managed without unnecessary delay; and shall take into account any relevant risk or safety assessment provided, and authorization granted, by the United States or any third country when deciding how to manage the LLP occurrence.
1.16. Geographical Indications
1. With respect to the protection or recognition of a geographical indication, including pursuant to an international agreement, El Salvador shall:
(a) ensure transparent and fair procedures for examination, opposition, and cancellation, including with respect to a translation or transliteration;
(b) provide that the grounds for refusal, opposition, and cancellation include the likelihood of confusion with a prior trademark and whether the term is the term customary in common language as the common name for the relevant good in its territory;
(c) publicly identify which component or components it is protecting and which it is not protecting;
(d) not protect an individual component of a multi-component term that is protected or is recognized as a geographical indication if that individual component is the term customary in common language as the common name for the relevant good in its territory;
(e) in determining whether a term is the term customary in common language as the common name for the relevant good in its territory, have the authority to take into account how consumers understand the term in its territory and recognize that factors relevant to that consumer understanding may include:
(i) whether the term is used to refer to the type of good in question, as indicated by competent sources such as dictionaries, newspapers, and relevant websites;
(ii) how the good referenced by the term is marketed and used in trade in its territory;
(iii) whether the term is used in relevant international standards to refer to a type or class of good in its territory, such as pursuant to a standard promulgated by the Codex Alimentarius;
(iv) whether persons other than the person who claims rights in the term use the term as the name for the type of product in question;
(v) whether the good in question is imported into its territory, in significant quantities, from a place other than the territory identified in the application or petition, and whether those imported goods are named by the term; and
(v) whether the good in question is imported into its territory, in significant quantities, from a place other than the territory identified in the application or petition, and whether those imported goods are named by the term; and
I(vi) whether the product associated with the term is manufactured or traded in significant quantities from a place other than the territory identified in the application or petition.
1.17. International Agreements
Within a period not exceeding two years, the Government of El Salvador shall submit to the Legislative Assembly a request for accession to the following Agreements for consideration:
(a) Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs, done at Geneva on July 2, 1999;
(b) Patent Law Treaty, done at Geneva on June 1, 2000;
(c) Singapore Treaty on the Law of Trademarks, done at Singapore on March 27, 2006; and
(d) International Convention for the Protection of New Varieties of Plants, done at Paris on December 2, 1961, as revised at Geneva on March 19, 1991.
Services
1.18. Data Storage
El Salvador shall implement the amendment to the Law on the Regulation of Credit History Information Services, allowing data storage in cloud-based systems.
Transparency and Good Regulatory Practices
1.19. Adoption and Implementation of Good Regulatory Practices
With respect to the adoption and implementation of good regulatory practices at the central level of government, the El Salvador shall:
(a) ensure that laws, regulations, procedures, and administrative rulings are promptly published and made easily accessible online;
(b) publish and make easily accessible online the text of proposed regulatory actions, as well as any regulatory impact analysis, an explanation of the regulation, and its objective;
(c) conduct public consultations for proposed regulatory actions in a transparent manner; allow adequate time for interested persons, domestic and foreign, to submit comments, taking into account the complexity or possible impact of the proposed regulation; and give consideration to comments received;
(d) give reasonable notice of planned regulatory actions and publish regulatory policy priorities that will be developed, modified, or eliminated in the near term;
(e) use publicly accessible high-quality data, evidence, technical information, and risk assessments, where appropriate, during the planning and development of regulation;
(f) support international regulatory cooperation through the use of, as appropriate, relevant international standards, guides, and recommendations to avoid unnecessary obstacles to trade;
(g) conduct reviews of regulation in effect to determine whether new information or other changes justify modification or repeal of regulation; and
(h) use tools, such as regulatory impact analysis, to assess the need for and possible impacts of regulations, which could also include alternative approaches to regulation, where appropriate.
Labor
1.20. Enforcement of Labor Laws
El Salvador shall strengthen the effective enforcement of its labor laws with respect to:
(a) sufficient resourcing of its labor inspectorate, including with respect to funding, personnel, training, transportation, and equipment;
(b) targeted enforcement efforts in export sectors;
(c) efficient credentialing of trade union officers; and
(d) effective and expeditious investigation and prosecution of any cases of anti-union violence or threats of violence against trade unionists.
Environment
1.21. Illegal Logging and Associated Trade
1. El Salvador shall take measures to combat, and cooperate with the United States to prevent, trade in illegally harvested forest products.
2. El Salvador shall establish an independent forestry oversight body in the government to supervise timber concessions and permits.
3. El Salvador shall continue to strengthen prosecution of forest sector crimes and ensure sufficient resources to do so, including with respect to enforcement and prosecution funding, personnel, and training.
4. El Salvador shall continue to enforce penalties for illegal logging are sufficient to deter violations of relevant environmental laws.
5. Pursuant to its existing authorities, El Salvador shall enhance its inspections of timber imports.
1.22. Fisheries Subsidies
1. El Salvador shall work towards accepting as soon as possible the WTO Agreement on Fisheries Subsidies (AFS) and the provisions contained therein.
2. In the event that the AFS is terminated pursuant to Article 12 of the AFS, El Salvador shall nonetheless endeavor to implement the obligations of the AFS.
3. In addition, El Salvador shall ensure its fisheries subsidies do not contribute to overcapacity and overfishing, including through the use of robust fisheries management regimes and reform of such subsidies.
1.23. Sustainable Fisheries Management and Illegal, Unreported, and Unregulated Fishing
1. El Salvador shall operate a sustainable fisheries management system that regulates marine wild capture fishing and promotes the long-term conservation of marine species including sharks, sea turtles, seabirds, and marine mammals.
2. El Salvador shall strengthen enforcement of fisheries-related laws, regulations, and other measures to effectively combat illegal, unreported, and unregulated (IUU) fishing and deter trade in products from IUU fishing.
1.24. Combating Illegal Wildlife Trade
El Salvador shall continue to strengthen measures to combat, and cooperate to prevent, the trade of wild fauna and flora that were taken or traded in violation of its law or another applicable law, including through the following actions:
(a) take measures to enhance the effectiveness of inspections of shipments containing wild fauna and flora, including parts and products thereof, at ports of entry;
(b) take measures to combat the trade of wild fauna and flora transshipped through its territory that, based on credible evidence, were illegally taken or traded;
(c) treat intentional transnational trafficking of wild fauna and flora as a serious crime as defined in the United Nations Convention on Transnational Organized Crime; and
(d) take measures to dismantle organized trafficking networks involved in nature crimes.
1.25. Illegal Mining
El Salvador shall take measures to combat, and cooperate to prevent, trade in illegally extracted precious metals, including by strengthening institutions responsible for enforcing laws and regulations related to mining activities.
Customs & Trade Facilitation
1.26. Single Window
El Salvador shall implement its Single Window for all products by its definitive date notified according to the WTO Agreement on Trade Facilitation. El Salvador shall allow for the electronic submission of pre-arrival declaration data and require all border agencies to conclude their processing of that data prior to arrival in order to allow for immediate release of low-risk shipments without transfer to a customs warehouse, including for express shipments from the United States.
1.27. Periodic Payment and Import Declarations for Express Shipments
1. El Salvador shall implement periodic payment for express delivery shipments.
2. El Salvador shall allow express shipments under $200 to be declared together on a single import declaration up to a combined value of $3000.
1.28. Advance Rulings
El Salvador shall establish or maintain a website for Advance Ruling applications that allows applicants to submit requests online and receive responses from El Salvador's customs authority within 150 days.
1.29. Electronic Certification Data
El Salvador shall work with USDA FSIS to establish and maintain a system that receives system-to-system electronic certification (eCert) data from USDA FSIS for exports of meat, poultry, Siluriformes, and egg products of the United States.
1.30. Protection of Proprietary Data
El Salvador shall protect proprietary data submitted to the Dirección General de Aduanas by U.S. traders from unauthorized disclosure.
Section B. Digital Trade
2.1. Data Transfers
1. El Salvador shall consider the United States as a country that has an adequate data protection standard for the purpose of transferring personal data across borders under its law.
2. El Salvador shall consider the Global Cross-Border Privacy Rules (CBPR) System and Global Privacy Recognition for Processors (PRP) System certifications as valid mechanisms under El Salvador's law to transfer data across borders while protecting personal information and reducing compliance costs.
Section C. Economic and National Security
3.1. Strategic Trade
1. In order to advance the mutual national security interests of El Salvador and the United States, El Salvador shall establish measures to restrict the unauthorized export, reexport, and in-country transfer of U.S.-origin or U.S.-controlled items subject to the Export Administration Regulations (EAR) unless the exporter presents U.S. Department of Commerce's Bureau of Industry and Security (BIS) reexport authorization or demonstrates no BIS authorization is required.
2. El Salvador shall screen and share its customs and transaction data related to U.S.-origin or U.S.-controlled items to identify transactions of concern to U.S. authorities, including BIS or its surrogate, and shall adopt and implement measures to prevent and address violations of U.S. export controls. The United States shall cooperate with El Salvador on these efforts.
3. El Salvador shall further develop domestic export control systems and enforcement mechanisms, including by establishing and implementing civil and criminal penalties, and strengthening its auditing and investigative capabilities, and shall partner with the United States on such enforcement actions where appropriate, including by sharing information when violations may have occurred and cooperating on end-use checks and investigations.
3.2. Government Procurement
For the purposes of government procurement, if El Salvador requires cloud service providers to qualify for a certification or standard in order to be awarded a procurement contract, El Salvador shall accept as equivalent to its domestic requirement any U.S. cloud computing service that meets the requirements established in the Federal Risk and Authorization Management Program (FedRamp) or a similar standard.
3.3. Equipment and Platform Security
1. El Salvador shall align performance and cybersecurity standards for aviation security screening equipment with international standards.
2. El Salvador shall only use communication technology and security scanning equipment suppliers that do not compromise the security, safeguards, and intellectual property of information and communication technology (ICT) infrastructure, including 5G, 6G, communication satellites, and undersea cables. El Salvador and the United States shall consult on standards and security specifications.
3. El Salvador shall ensure that its ports, port terminals, and logistics tracking networks, and its commercial fleet, use digital logistics platforms that provide appropriate cybersecurity protection, protection against the unauthorized disclosure of data, and protection against national security risks from data access.
3.4. Antidumping and Countervailing Duty Cooperation
El Salvador shall expand cooperation and exchange information with the United States, as appropriate, related to U.S. and Salvadoran antidumping and countervailing duty proceedings (to include circumvention inquiries).
Section D. Commercial Considerations and Opportunities
4.1. Energy
1. El Salvador is encouraged to increase U.S. sources of liquefied natural gas (LNG) for future supplies of existing LNG import capacity or any future LNG import capacity expansions.
2. El Salvador shall encourage U.S. civil nuclear technology investment to meet its nuclear power development.