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FTAA - Free Trade Area of the Americas

Draft Agreement

Chapter on Market Access

The draft texts pertaining to the issue areas of the NGMA are included in the Annex. There may be some inconsistencies in the texts since the translation of the texts has not been subject to thorough review. Such inconsistencies, which should be corrected, do not compromise the delegations.

The Annex includes the following texts:

  • Tariffs and Non-Tariff Measures;

  • Safeguards;

  • Origin Regime;

  • Customs Procedures;

  • [Customs] Procedures Related to Rules of Origin; and 

  • Standards and Technical Barriers to Trade.

ANNEX

[CHAPTER ON] TARIFFS AND NON-TARIFF MEASURES 1 2

Section One. General Provisions

Article 1. Scope of application.

1.1 [Except as otherwise provided,] this [Chapter] applies to trade in [originating] goods [between the Parties.][of a Party].

[1.2. In trade in goods between the Parties, the classification of goods shall be governed by the nomenclature in the updated version of the Harmonized System for Merchandise Designation and Coding. Once the present Agreement has entered into force, the Parties shall conclude negotiations on a common nomenclature as soon as possible.]

[1.3. To make the application and scope of preferences transparent, once the present Agreement enters into force, the Parties shall be obligated to make notification of the classification rulings handed down or issued by their respective competent entities, based on the explanatory notes in the Harmonized System. Any differences in interpretation shall, first of all, be submitted to an ad hoc or permanent regional mechanism for settlement. If the differences in interpretation cannot be settled by the mechanism, the Parties may submit their differences to the World Customs Organization (WCO).] 

Article 2. National Treatment.

2.1. [Each Party shall accord national treatment to the goods3 of [the other][another] Party[ies] in accordance with Article III of the General Agreement on Tariffs and Trade of 1994 (GATT 1994), [including its interpretive notes, and to this end]. [For such purposes], Article III of GATT 1994 and its interpretative notes are incorporated into [and made part of ] this Agreement [and form an integral part of it].] [Each Party shall grant to originating goods imported from another Party national treatment in accordance with Article III of the General Agreement on Tariffs and Trade of 1994 (GATT 1994), which national treatment shall extend to the sale, offering for sale, purchase, transportation, distribution and use of such goods in the Parties.]

[2.2. The provisions of paragraph 2.1 on national treatment shall mean, with respect to a province, state, [department or any other type of political division] of the Parties, a treatment no less favorable than the most favorable treatment that province, state, [department or other political division] accords to any like [, directly competitive or substitutable] goods, [direct competitors or substitutes of such Party][as the case may be, of the Party of which it forms a part.]]

[Article 3. Relationship with other sub-regional trade agreements.]

[3.1. None of the provisions of this [Chapter] modify or alter in any way concessions accorded in relation to customs duties and non-tariff measures in the framework of other trade agreements entered into between the Parties under Article XXIV of GATT 1994, [unless the preferences obtained under the FTAA are equal to or greater than these.] [except in cases where the provisions of this [Chapter] accord greater advantages to one or more Parties that have entered into such agreements, in which case the provisions of this [Chapter] shall prevail between such Parties.]] 

Section Two. Tariffs

Article 4. Tariff Elimination [(Liberalization Program)] [Schedule] [Tariff Liberalization Program]

[4…X.1. The base tariffs on which the liberalization process will be initiated appear in Annex […] to the present Agreement and are all expressed in ad valorem terms.]

4.1. [Except as otherwise provided in this Agreement, no Party may increase any [existing] customs duty, or adopt any new customs duty, on an originating good [subject to the [Tariff] Liberalization Program.] [ in accordance with the Schedule]] [If a Party increases the customs duty in relation to the base tariff, preference shall be applied on the base tariff that appears in Annex […]. For cases in which a Party reduces the duty in relation to the base tariff, preference shall automatically be applied to the new duty on the date in which it enters into force. The countries may once again increase the duties to the level of the {tariff base} {base tariff}; in this case, preference will be applied on the {tariff base} {base tariff}.] [The Parties agree to set the duties on originating goods in the Liberalization Programme in ad valorem terms. The Parties may however, apply the level of customs duty set in ad valorem or other terms.] [Except where otherwise stipulated in this Agreement, each Party shall progressively eliminate its customs duties on originating goods, in accordance with the terms established in Annex.... (Liberalization Programme).]

[4.2. The Parties agree to fix the customs duties on the goods contained in the Liberalization Program in ad valorem terms. [thus eliminating any type of mixed, specific or variable tariff.]] [4.2 Except as otherwise provided in this Agreement, no Party may apply on originating goods any customs duty higher than that provided for in Annex ___ of (Liberalisation Programme)] 

[4.___ For cases in which a Party lowers its tariff to a level equal to or less than the existing residual tariff rate, the duty applied to a trading partner shall be determined by the following calculation:

Resimod = MFNi – (Bo – Resi) * MFNi
                Bo

Where: MFNi = mfn tariff applied at that time; Bo = base tariff established in the Tariff Reduction
Schedule; Resi = residual tariff corresponding to the current tariff reduction period; Resimod =
modified residual tariff applied to the preferential partner]

[4.3. [Except as otherwise provided in this Agreement,] [as of the entry into force hereof] each Party shall [progressively] eliminate its customs duties [and other charges] on originating goods, in accordance with the terms established in Annex_____ [([Tariff] Liberalization Program)] [Schedule].] [In the case of smaller economies, special, more favorable tariff reduction conditions could be agreed, including longer, differentiated time periods, and a grace period for the initiation of the tariff reduction.] [The Parties agree to set the duties on originating goods in the Liberalization Programme in ad valorem terms. The Parties may however, apply the level of customs duty set in ad valorem or other terms.]

[4…X.2. A Party may create new tariff breakdowns, provided always that the customs tariff applicable to the originating goods concerned is not greater than the one applicable to the tariff {fraction} {item} broken down.]

4.4. On the request of any [of the Parties][Party] [consultations shall be carried out to examine the possibility of][one or more other Parties may agree to consider] accelerating the elimination of customs duties set out in the [[Tariff] Liberalization Program.] [Schedule.] [Once approved by the Parties and pursuant to their applicable legal procedures, the agreement regarding the accelerated removal of the customs tariff shall prevail over any agreement on customs duties or applicable reduction category][An agreement between two or more Parties to accelerate the elimination of a customs duty on a good shall supercede any duty rate or staging category determined] pursuant to the [Liberalization Program] [Schedule] [for such good when approved by each such Party in accordance with its applicable legal procedures]. 

[4…X.3 If a Party were, at any time, to reduce its most-favored-nation customs duties for one or more of the goods covered by this {Agreement} {Treaty}, the customs duty applicable in reciprocal trade must be adjusted in keeping with the proportionality rules set forth in Annex ___ (tariff elimination program)]

[At least once a year, as of the entry into force of this {Agreement} {Treaty}, the Parties shall examine, through the Committee on Trade in Goods, the possibility of incorporating into the Trade Liberalization Program goods not included in the tariff {reduction } {elimination} program. 

Notwithstanding the provisions in Article 1, for goods not included in the tariff reduction program the Parties agree not to apply the provisions of this Agreement.]

4.5. A Party may:

a) [increase a customs duty to a level not greater than the one established in the [Schedule] [Liberalization Program] when that customs duty has previously been unilaterally reduced to a level less than that established in the [Schedule] [[Tariff] Liberalization Program]]

[b) [maintain or increase a customs duty when this is permitted pursuant to [{the}{a} dispute settlement provisions of the WTO Agreement, or any other agreement negotiated in accordance with the WTO. ] [the [dispute settlement] provisions of [the GATT (1994) and] the Marrakesh Agreement establishing the World Trade Organization]] [or Article VI of GATT 1994 and associated WTO Agreements ].]

c) [create new tariff [breakdowns] [break-outs], [at a more detailed level than that established in the Harmonized System,] provided always that the customs tariff applicable to the originating goods concerned is not greater than the one applicable to the tariff fraction broken down.] [create tariff breakdowns at a level more detailed than that established in the Harmonised System, always provided that the tariff treatment applicable to originating goods as a result of this action is no greater than that provided for under the Liberalisation Programme]

[4.6. During the tariff elimination process, the Parties agree to apply to originating goods traded among them the lesser of either the customs duties established under the tariff elimination program, or the applicable rate determined in accordance with Article I of the GATT 1994 ]

Article 5. Provisions on special regimes: 

[[5.1. Refunds and [deferred][waiver of the] payment of tariffs.][Temporary Admission and Drawback]]

[5.1.1. In matters concerning customs duty refunds and exemptions, the Parties shall conserve their rights and obligations, in accordance with their legislation and WTO commitments. ]

[5.1.1. None of the Parties may refund the customs duties paid, or exempt or reduce the amount of customs tariffs owed with regard to a good imported into its territory, [on the condition that the good is] [that is either:] 

(a) used as material in the production of another good subsequently exported to the territory of another Party; or 

(b) substituted by an identical or similar good used as material in the production of another good that is subsequently exported to the territory of another Party, 

in an amount that exceeds the total of the customs duties paid or owed on that quantity of the imported good that is materially incorporated in the good exported to the territory of the other Party, or replaced by identical or similar goods that are materially incorporated in the good exported to the territory of the other Party, with the due discount for waste.]

[5.1.2. None of the exporting Parties may refund, exempt or reduce: 

(a) the anti-dumping or countervailing duties that are applied in accordance with the domestic laws of the Party and which are compatible with the provisions of [Chapter] ____, “Unfair Trade Practices”; 

(b) the premiums that are offered or collected on imported goods, arising from any tendering system regarding the application of quantitative restrictions on importation, tariff rate quotas, or preferential tariff-rate quotas; and 

(c) customs duties paid {and} {or} owed on a good imported to its territory and substituted by a similar or identical good that is subsequently exported to the territory of the other Party. 

Sub-paragraphs (a) and (b) shall come into force on ..... and sub-paragraph (c) when this Agreement comes into effect.] 

[5.1.3. Paragraph [s 5.1.1 and] 5.1.2 shall not apply to: 

(a) a good that, pursuant to the legislation of each Party, entered under bond for transportation and exportation to the territory of the other Party;

(b) a good exported to the territory of another Party in the same condition as when imported into the territory of the Party from which the good is exported. Processes such as testing, cleaning, re-packaging, inspection or preserving the good in its same condition shall not be considered as changes in the condition of the good. When a good has been commingled with fungible goods and exported in the same condition, its origin may be established for the purposes of this paragraph using the inventory methods set out in [Chapter] ___ , “Rules of Origin”; 

(c) a good imported into the territory of a Party, that subsequently is deemed to be exported from its territory or is used as a material in the production of another good that is deemed to be exported to the territory of the other Party, or is substituted by an identical or similar good used as a material in the production of another good that is deemed to be exported to the territory of the other Party, as a result of: 

(i) delivery to a duty-free shop, or 

(ii) delivery for ship’s stores or supplies for ships or aircraft; 

(d) a refund made by one of the Parties of the customs duties paid on a particular good imported into its territory and subsequently exported to the territory of another Party, when this refund is granted by reason of the failure of such good to conform to sample or specification, or by occasion of the shipment of such good without the consent of the consignee; or 

(e) an originating good that is imported into the territory of a Party and subsequently exported to the territory of another Party, or used as material in the production of another good that is subsequently exported to the territory of another Party, or is substituted by an identical or similar good used as a material in the production of another good that is subsequently exported to the territory of another Party.]

[5.1.4. No Party may adopt any new waiver of customs duties, or expand with respect to existing recipients or extend to any new recipient the application of an existing waiver of customs duties, where the waiver is conditioned on the fulfillment of a performance requirement.]

[5.1.5. No Party may condition on the fulfillment of a performance requirement the continuation of any existing waiver of customs duties.]

[5.2. Temporary {importation [/}admission{]} [of goods].] 

[5.2.1. [The Parties][Each Party] shall grant duty-free temporary {importation [or]} {[/}admission] for the goods listed below [which are imported [or admitted ] from the territory of another Party into their territory][imported by or for the use of a resident of another Party], [regardless of their origin and regardless of whether [similar goods, direct competitors or substitutes,][like, directly competitive or substitutable goods] are available in the territory of {[that][the] Party} {the importing Party}]:

a) professional equipment [including software and broadcasting and cinematographic equipment] necessary for [carrying out] the business activity, trade or profession of a business person [who qualifies for temporary entry pursuant to the laws of the importing country]; 

b) [equipment for the press or for transmission of radio or television broadcasting and cinematographic equipment;]

c) [goods imported for sports purposes or intended for display or demonstration;]

d) [goods intended for display or demonstration, including] commercial samples and advertising films [aimed at procuring orders for goods or orders]; and

e) containers and [similar commercial] vehicles for international transport of goods.]

[5.2.2. [Except as otherwise provided in this Agreement, [the Parties shall permit the duty-free temporary admission of the goods indicated in Article 5.2.1, solely under the following conditions:][the] Parties may subject the duty-free temporary admission of a good of the type indicated in letters (a), (b) or (c) of paragraph 1 to any of the following conditions, not being able to adopt additional conditions, when:] [ No Party may condition the duty-free temporary admission of a good referred to in Article 5.2.1., other than to require that such good:]

a) [the good is imported by a national or resident of another Party;] 

b) [the good is] [be] used [solely by] [exclusively by the visiting person,] or under [his] [the] personal supervision [of a resident of another Party in the exercise of the], [in the performance of his] business activity, trade or profession [of that person]; 

c) [the good is not subject to sale, lease or transfer in any other form while it remains in the territory of the Party;] [not be sold or leased while in its territory]

d) [the good is accompanied by a bond that does not exceed 110% of the charges that would otherwise be owed, as the case may be, for the entry or final import, or other form of security, releasable on re-exportation of the good, except that a bond or security for customs duties shall not be required for an originating good;] [be accompanied by a security in an amount no greater than 110 percent of the charges that would otherwise be owed on entry or final importation, releasable on exportation of the article, except that a security for customs duties shall not be required for an originating good;]

e) [the good is] [be] capable of identification [when exported][upon its re-exportation abroad]; 

f) [the good is re-exported] [be exported] on the departure of that person or within [the][such other] period [of time as is reasonably] related to the purpose of the temporary [import][admission, initially up to one year from the date of importation or such longer period as a Party may establish] 

g) [the good is][be] imported in [no greater quantity than is] reasonable [for its] [quantities according to the] intended use; and 

h) [the good complies with the sanitary and phytosanitary measures and the applicable standardizing measures.]

i) [be otherwise admissible into the Party’s territory under its laws.]] 

[5.2.3. Except as otherwise provided in this Agreement, the Parties may subject the temporary import free of customs duty and other charges on imports of a good of the type indicated in letter (d) of paragraph 5.2.1, to any of the following conditions, not being able to adopt additional conditions, when: 

a) the good is only imported for the purposes of soliciting orders for goods or services that are supplied from the territory of the other Party or from another country that is not a Party; 

b) the good is not sold {or}{,}leased {or otherwise transferred}, and is only used for demonstrations or exhibitions while in its territory; 

c) the good is capable of identification; 

d) the good is re-exported in a period of time that is deemed to be reasonable for the purpose of temporary admission; 

e) the good is imported in no greater quantity than is reasonable for its intended use; 

f) the good is accompanied by a bond that does not exceed 100% of the duties that would be owed, where applicable, for the definite entry or import, or of any other form of guarantee, that would be refunded when the good leaves the territory, except that no bond for the customs tariffs on an originating good shall be demanded; 

g) the good complies with the sanitary and phytosanitary measures and the applicable standardizing measures; and 

h) the good does not undergo any processing or modification during the authorized period of import, except for wear and tear due to normal use.]

[5.2.4. [When a good is temporarily imported and does not comply with any of the conditions that a Party imposes in accordance with paragraphs 5.2.2 and 5.2.3, that Party may apply the customs duties and any other charges that would be payable on the entry or final import thereof.] [A Party may impose the customs duty and any other charge on a good temporarily admitted duty-free under Article 5.2.1. that would be owed on entry or final importation of such good if any condition that the Party imposes under Article 5.2.2. has not been fulfilled.]]

[5.2.5 Each Party shall adopt procedures providing for the expeditious release of the articles described in paragraph 5.2.1. To the extent possible, when such articles accompany a resident of another Party seeking temporary entry, and are imported by that person for use in the exercise of a business activity, trade or profession of that person, the procedures shall allow for the articles to be released simultaneously with the entry of that person.]

[5.2.6 Each Party shall, at the request of the person concerned and for reasons deemed valid by the national customs authorities, extend the time limit for temporary admission beyond the period initially fixed.]

[5.2.7 Each Party shall permit temporarily admitted goods to be exported through a customs port other than through which they were imported.]

[5.2.8 Each Party shall relieve the importer of liability for failure to export a temporarily admitted article upon presentation of satisfactory proof to customs authorities that the article has been destroyed within the original time limit for temporary admission or any lawful extension.]

5.3. Free trade zones [, Export, in-bond assembly and similar processing zones] 

… [Each Party will provide that when goods imported into its territory are produced in or shipped from Free Trade Zones in the territory of a Party, those goods shall not benefit from the Liberalisation Programme provided for in this [Chapter].][Products manufactured in processing zones shall benefit from the Liberalization Program if they qualify under the rules of origin established in this Agreement.]

[5.4. [Re-importation][Goods re-entered after repair or alteration]]

[[5.4.1. Parties shall authorize the duty-free re-importation of goods that [, regardless of their origin,] have been temporarily {admitted into } {exported to} the territory of another Party for repair or alteration.]

[5.4.2. No Party may apply customs tariffs to goods that [, regardless of their origin,] have temporarily entered the territory of the other Party to be repaired or altered. ]]

5.5. Other

[Article 6. [Duty-free entry of certain] Commercial samples [of negligible value ][and printed advertising materials ]][Duty-free entry of commercial samples of {negligible} {insignificant} value or {of} {no} {insignificant} commercial value and of printed advertising materials]

[6.1. [Parties][Each Party] shall grant duty-free entry to commercial samples of {negligible} {no} [commercial] value [in accordance with the regulations established] [and [of] printed advertising materials [imported] from the territory of another Party,] [regardless of their origin, but may require that:

(a) such samples be imported solely for the solicitation of orders for goods or services provided from the territory of another Party or non-Party; or

(b) such advertising materials be imported in no greater quantity than is reasonable for their intended use.]][Such printed advertising materials be imported in packets containing no more than one copy of each such material and that neither such materials nor packets form part of a larger consignment.]

[Article 7. Customs processing [fees][service charges]] 

[7.1. No Party shall [increase or] establish any customs processing fees [for the service provided by customs [on originating goods of the other Party]] and shall eliminate these fees [for originating goods] [upon] [no later than 10 years after] the entry into force of this Agreement.]

[ 7...X.1. Customs processing service charges are allowed in the terms of the WTO.]

[7.2 Notwithstanding the provisions of Paragraph 8.1, smaller economies shall eliminate such fees no later than 10 years after the entry into force of this Agreement.]

[Article 8. Treatment of other measures affecting the applied tariff ]

[8.1. No Party shall increase or establish any customs processing service charges and shall eliminate these service charges for originating goods [upon] [no later than 10 years after] the entry into force of this Agreement.]

Article 9. Customs valuation 

[9.1. In the reciprocal trade among Parties, the customs valuation of goods shall be governed by the provisions of the WTO [Customs Valuation] Agreement [on Implementation of Article VII of GATT 1994.] [in the form accepted by the Parties]4 [without having recourse to the reserves and options provided for under said Agreement.]]

[9.1 The Customs Valuation Agreement of GATT 1994 shall govern the customs valuation rules applied by Parties to their reciprocal trade in the form accepted by the Parties. ] 

[9.2 Pursuant to Article 13 of the Customs Valuation Code, if, in the course of determining the customs value of imported goods, it becomes necessary to delay the final determination of such customs value, the importer of the goods shall be able to withdraw them from customs if, where so required, the importer provides a deposit or other form of security, covering the ultimate payment of customs duties for which the goods may be liable, provided for in the legislation of the Party.]

[9.3 Each Party shall establish appropriate documentation to certify the accuracy of the customs value, which shall be no greater than that which could reasonably be requested pursuant to Article 7 of GATT 1994. ]

[9.4 When a Party uses or applies estimated prices, it shall establish mechanisms to waive application of the provisions of paragraphs 9.2 and 9.3 and shall establish measures to facilitate the administration of such a scheme. ]

[9.5 Before a Party adopts or modifies the estimated price referred to in this Article, it shall communicate to the other Parties a description of the good, its tariff {fraction} {item} and the proposed estimated price.]

[9.6 The Parties shall hold consultations among themselves in order to ensure that the above does not present an obstacle to trade. ]

[9.7 The Parties understand that the estimated price referred to in paragraph 9.4 shall only serve as a reference for cases of valuation, and shall not be considered a base price for determining the domestic taxes of each Party or for the application of customs duties or tariffs. ]

Section Three. Non-tariff measures

Article 10. Import and export restrictions and [licenses][prohibitions] 

[10.1. Quantitative restrictions, price requirements and licensing][The Parties undertake to totally and immediately eliminate non-tariff barriers, with the exception of duties of Parties in accordance with Articles XX and XXI of GATT 1994, and those governed by Chapter 8 (Sanitary and Phytosanitary Measures) and Chapter 9 (Standardization and Metrology Measures and Authorization Procedures). In the case of smaller economies and in exceptional situations, they may apply temporary export restrictions or prohibitions to alleviate acute shortages. For purposes of this paragraph, temporarily means up to one year or a longer period of time agreed by the Parties. ]

[10.1. Except as otherwise provided in this Agreement, no][10.1.1. No] Party may adopt or maintain any prohibition or restriction on the importation of any [originating] good[s] of another Party or on the export[ation or sale for export] of any [originating] good[s] destined for the territory of another Party, except [: a) as otherwise provided in this Agreement, or][b)] in accordance with [Article XI of][the] GATT 1994 [including] [and] its interpretative notes [and other pertinent provisions in the WTO Agreement.][For such purposes, Article XI of GATT 1994 and its interpretative notes are incorporated into this Agreement and form an integral part of it.][For agricultural products, the provisions of Article 4.2 of the WTO Agreement on Agriculture shall apply.]

[10.2. The Parties understand that the GATT (1994) rights and obligations [incorporated][referred to] in paragraph 10.1 prohibit export price requirements and, unless permitted for the application of commitments and resolutions in relation to anti-dumping {and} {or} countervailing duties, import price requirements.]

[ 10.1.2. No Party shall institute or maintain:

a) export and import price requirements, except as permitted in enforcement of countervailing and antidumping orders and undertakings;

b) import licensing conditioned on the fulfillment of a performance requirement; or

c) voluntary export restraints not consistent with Article VI of the GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of the GATT 1994.]

[10.3. The Parties understand that the rights and obligations included in paragraph 1 of this article prohibit but are not limited to, among other things: 

a) quantitative restrictions on imports, according to the parameters of paragraph 1 of this article; 

b) minimum prices or values; 

c) voluntary exports restraints when they do not result from an agreement consistent with the Agreement on the Application of Article VI of the General Agreement on Tariffs and Trade of 1994, which forms part of the WTO agreement; 

e) granting import licenses on condition that the importer acquires national production; 

f) granting import licenses on condition that the importer exports; and 

g) granting import licenses on condition that the good to be imported includes a certain percentage of content from the importing Party.]

[10.[1.3.] [4] In [cases where] [the event that] a Party adopts or maintains a prohibition or restriction on the import[ation from] or export[ation to] [of a good[s] from or to] a non-Party [country][of a good,] [no provision of] [nothing in] this Agreement shall be [interpreted in the sense of preventing it][ construed to prevent the Party] [from]:

a) [shall be interpreted in the sense of preventing the other Party from] limiting or prohibiting the importation from the territory of another Party of such good[s] of that Non-Party; or 

b) [shall permit a Party] requiring as [a] condition of export of [such good of the Party] [the goods] to the territory of another Party, that the [same] [good][s] [same are] not [be] re-exported to the non-Party, directly or indirectly, without being consumed in the territory of [the other] [another][that other] Party. ]

[10.[1.4.] [5] In the event that a Party adopts or maintains a prohibition or restriction on the importation of a good from a non-Party, [on request of any of them,] the Parties, [on the request of any Party,] shall consult with a view to avoiding undue interference with or distortion of pricing, marketing and distribution arrangements in another Party.]

[10.6. For smaller economies and/or countries of different levels of development, paragraphs 1 to 4 shall not apply to the measures established in Annex ___.]

[10.1.5. Upon entry into force of this Agreement, each Party shall notify its import licensing procedures in force to all other Parties, and thereafter shall notify all new import licensing procedures and changes to import licensing procedures within 60 days of publication.] 

[10.1.6. Notification of import licensing procedures and changes to import licensing procedures referred to in paragraph 10.1.5. shall include the following information:

a) list of products subject to licensing procedures;

b) contact point for information on eligibility;

c) administrative body(ies) for submission of applications;

d) date and name of publication where licensing procedures are published;

e) indication of whether the licensing procedure is automatic or non-automatic according to definitions contained in Articles 2 and 3 of the WTO Agreement on Import Licensing;

f) in the case of automatic import licensing procedures, their administrative purpose;

g) in the case of non-automatic import licensing procedures, indication of the measure being implemented through the licensing procedure; and

h) expected duration of the licensing procedure if this can be estimated with some probability, and if not, reason why this information cannot be provided.]

[10.1.7. Notification of import licensing procedures and changes to import licensing procedures referred to in paragraph 10.1.5. is without prejudice to their consistency with the rights and obligations of this Agreement.] 

[10.1.8. Import licensing procedures and changes to import licensing procedures not notified according to paragraph 10.1.5. shall not be enforced against the Parties.] 

[10.1.9. Paragraphs 10.1.1 through 10.1.4 shall not apply to the measures set out in Annex ___.]

[10.2. Remanufactured goods]

[10.2.1. No Party may adopt or maintain any prohibition or restriction on the importation of any remanufactured good of another Party and shall accord any remanufactured good of another Party no less favorable treatment than that provided to new like goods, regardless of whether the imported good was remanufactured by the original equipment manufacturer and regardless of whether it is offered for sale under warranty, but may require that:

(a) remanufactured goods be identified as such; and

(b) meet any standard applicable to new like goods.]

Article 11. [Other] administrative [procedures][fees and formalities][Other Charges that affect reciprocal trade.]

[11.1. Each Party shall ensure, in accordance with Article VIII:1 of the GATT 1994 and its interpretive notes, that all fees and charges of whatever character (other than customs duties, charges equivalent to an internal tax or other internal charge applied consistently with Article III:2 of the GATT 1994, and antidumping and countervailing duties applied pursuant to a Party’s domestic law) imposed on or in connection with importation or exportation are limited in amount to the approximate cost of services rendered and do not represent an indirect protection to domestic products or a taxation of imports or exports for fiscal purposes.]

[11.1.1 If as a result of the implementation and administration of a registry of importers, any Party considers that the access of a good of that Party to the territory of the Party applying the measure is being blocked or impeded, both Parties shall hold consultations in order to find a mutually satisfactory solution.] 

[11.1.2 Each Party shall ensure that the implementation, administration and publication of customs-related measures are consistent with the provisions of this Agreement, its legislation, and the WTO Agreement.]

[11.1.3 Where a Party envisages limiting customs clearance for a given type of goods to a specific customs location, it shall consult with the other Parties to ensure that such limitations do not affect their interests pursuant to this Agreement. The Party establishing such limitations shall permit the admission of the goods to its territory through any legally established border points, in order that the goods may arrive at the specific customs location for the respective customs clearance to be effected, provided that the appropriate customs formalities have been completed.]

[11.2. No Party may require consular transactions, including related fees and charges, in connection with the importation of any good of another Party.] [In the case of smaller economies, they shall eliminate such fees no later than 10 years after the entry into force of this Agreement.]

[11.3. Upon entry into force of this Agreement, each Party shall notify its current fees and charges imposed on or in connection with importation or exportation to all other Parties, and thereafter shall notify all new fees and charges and changes to fees and charges within 60 days of publication.]

[11.4. Notification of fees and charges imposed on or in connection with importation or exportation referred to in paragraph 11.3. shall include the following information:

a) description of the fee or charge, including the amount of the fee or charge and the nature of services rendered;

b) contact point for information;

c) administrative body(ies) that collect(s) the fee;

d) date and name of publication where the fee or charge is published;

e) where and how the fee or charge is collected; and 

f) the party liable for payment.] 

[11.5. Notification of fees and charges and changes to fees and charges imposed on or in connection with importation or exportation referred to in paragraph 11.3. is without prejudice to their consistency with the rights and obligations of this Agreement.]

[11.6 Fees and charges and changes to fees and charges not notified according to paragraph 11.3. shall not be enforced against the Parties.] 

[11.7. From the date of entry into force of this Agreement, each Party shall ensure that a current list of its fees and charges imposed in connection with importation or exportation is published and made available on the Internet.]

Article 12. Export taxes 

[12.1. No Party shall adopt or maintain any tax, duty or other charge on the export of [a] [any] good to the territory of another Party, [unless such tax[es] {or} {,} dut[y][ies] [or charge is] {are} {also} adopted or maintained on: [(a) exports of any such good to the territory of all other Parties; and (b) any such good when destined for domestic consumption] [such goods when they are to be used for domestic consumption.]]] [No Party shall adopt or maintain any tax, duty or other charge on the export of any good to the territory of another Party, unless such tax or duty or charge is applied temporarily to alleviate acute shortages. For purposes of this paragraph, “temporarily” means up to one year, or a longer period agreed by the Parties.]

[12.2. Each Party may adopt or maintain a tax, duty or other charge on the export of food products to the territory of another Party if such tax, duty or other charge is applied temporarily to alleviate an acute shortage of such food product. For purposes of this paragraph, “temporarily” means up to one year, or a period agreed by the Parties not exceeding one year.]

[12.3. Notwithstanding the contents of 12.1, the Parties reserve the right to impose export taxes on the goods listed in Appendix 12.] 

Article 13. Other [restrictive] export measures 

[Article 14. Dealer protection laws]

[No Party may maintain or introduce legislation or practice relating to the sale, offering for sale, purchase, transportation, distribution or use of originating goods imported into the territory of that Party which accords greater protection to local distributors of local suppliers than to local distributors of foreign suppliers.]

Continuation: Section Four. Other measures

Return to the Index

1 Square brackets [ ] indicate that different points of view do exist on the text included between them. Wiggly brackets { } indicate that differences in translation may exist on texts included between them.

2 [The content of this [Chapter] will need to be modified as negotiations proceed to reflect decisions on negotiating modalities and results.]

3 Note: for the Spanish version of this document, one delegation considers that the correct term in Spanish is “mercancía” and proposes that this term be changed throughout the Spanish version of the [Chapter]

4 The delegation that proposed this bracketed text withdraws its proposal and accepts the other alternative.

 

 
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