|
CHAPTER I Institutional Issues
|
|
|
|
|
PREAMBLE
|
|
|
|
|
|
|
|
General Aspects
|
|
|
|
|
|
CHAPTER II General Provisions
|
|
|
|
|
Article 1.
|
[[Purpose] [General
Objectives] [Establishment of the Free Trade Area of the
Americas]]
|
|
Article 2.
|
[Objectives]
|
|
Article 3.
|
[Principles]
|
|
Article 4.
|
[Application and Scope
of Obligations] [Scope of Coverage of Obligations]
|
|
|
|
|
|
|
|
CHAPTER III Definitions
|
|
|
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|
Article 1.
|
Definitions
|
|
|
|
|
|
|
|
CHAPTER IV Transparency
|
|
|
|
|
Article 1.
|
[Definitions]
|
|
Article 2.
|
Contact Points
|
|
Article 3.
|
Publication
|
|
Article 4.
|
Notifications and
Provision of Information
|
|
Article 5.
|
[Guaranteed Hearing,
Legality and Due Process]
|
|
Article 6.
|
[[Administration of
Measures][Administrative Proceedings] [Application of
Trade Regulations]]
|
|
Article 7.
|
Review
[and Appeal] [of Administrative
Decisions]
|
|
|
|
|
|
|
|
[CHAPTER V Treatment of the Differences in the
Levels of Development and Size of Economies]
|
|
|
|
|
Article 1.
|
[Treatment of
Differences in the Levels of Development and Size of the Economies]
|
|
|
|
|
|
|
|
[CHAPTER VI Environment Provisions]
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|
|
|
|
[CHAPTER VI Environment Provisions
|
|
|
|
|
Article 1.
|
Levels of Protection
|
|
Article 2.
|
Application and
Enforcement of Environmental Laws
|
|
Article 3.
|
Opportunities for Public
Participation
|
|
Article 4.
|
Environmental
Cooperation
|
|
Article 5.
|
Environmental
Consultations
|
|
Article 6.
|
Procedural Matters
|
|
Article 7.
|
Measures to Enhance
Environmental Performance
|
|
Article 8.
|
Relationship to
Environmental Agreements
|
|
Article 9.
|
Definitions]
|
|
|
|
|
|
|
|
[CHAPTER VII Labor Provisions and
Non-Implementation Procedures for Environment and Labor Provisions]
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|
|
|
|
[CHAPTER VII Labor Provisions and
Non-Implementation Procedures for Environment and Labor Provisions
|
|
|
|
|
Article 1.
|
Statement of Shared
Commitment
|
|
Article 2.
|
Application and
Enforcement of Labor Laws
|
|
Article 3.
|
Opportunities for Public
Participation
|
|
Article 4.
|
Labor Cooperation
|
|
Article 5.
|
Labor Consultations
|
|
Article 6.
|
Procedural Guarantees
and Public Awareness
|
|
Article 7.
|
Definitions
|
|
Article 8.
|
Non-implementation in
certain disputes]
|
|
|
|
|
|
|
|
CHAPTER VIII Tariffs and Non-Tariff Measures
|
|
|
|
|
Section A
|
General Aspects
|
|
[Article 1.
|
Definitions]
|
|
Article
2.
|
Scope
of application
|
|
[Article
3.
|
Relationship
with bilateral and subregional trade agreements]
|
|
|
|
|
Section B
|
Substantive Provisions
|
|
|
|
|
Subsection B.1.
|
National Treatment
|
|
Article 4.
|
National Treatment
|
|
|
|
|
Subsection
B.2.
|
Tariffs
|
|
Article
5.
|
Tariff
Elimination Program
|
|
|
|
|
Subsection B.3.
|
Special regimes
|
|
Article 6.
|
Drawback, Duty Deferral
Programs and Foreign Trade Zones.
|
|
Article 7.
|
Other special regimes
|
|
|
|
|
Subsection
B.4.
|
Non-tariff
measures
|
|
Article
8.
|
Import
and export restrictions [and
prohibitions]
|
|
Article
9.
|
Administrative
fees and formalities
|
|
Article
10.
|
Export
taxes
|
|
Article
11.
|
Other
export measures
|
|
|
|
|
Subsection B.5.
|
Other measures
|
|
[Article
12.
|
Distinctive
products]
|
|
[Article
13.
|
Treatment
of digital products]
|
|
|
|
|
Section
C
|
Procedures
and Institutions
|
|
[Article
14.
|
Committee
on Trade in Goods]
|
|
|
|
|
ANNEXES
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|
|
CHAPTER IX Agriculture
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|
|
|
|
[Part I:]
|
|
|
|
|
|
[Section A
|
General Provisions
|
|
Article 1.
|
Definitions
|
|
Article 2.
|
Scope and Coverage
|
|
Article 3.
|
Relation to Other
Provisions
|
|
|
|
|
Section B
|
Substantive Provisions
|
|
|
|
|
[Subsection B.1.
|
Market Access
|
|
Article 4.
|
Tariffs
|
|
[Article 5.
|
Non-Tariff Measures]
|
|
[Article 6.
|
Safeguards
[for Agricultural Products]]]
|
|
|
|
|
[Subsection B.2.
|
Export Subsidies
|
|
Article 7.
|
Elimination of Export
Subsidies
|
|
[Article 8.
|
Treatment of Imports
from non-Parties benefiting from Export Subsidies]
|
|
[Article 9.
|
Treatment of Export
Subsidies by Parties to non-Party markets]
|
|
[Article 10.
|
Measures and Practices
Having an Equivalent Effect to Export subsidies on agricultural products]]
|
|
|
|
|
[Subsection B.3.
|
Disciplines to be
Adopted for the Treatment of All the Other Practices that Distort Trade in
Agricultural Products, Including those which have an Equivalent Effect to
Agricultural Export Subsidies
|
|
[Article 11.
|
Domestic Support
Measures]
|
|
[Article 12.
|
[Differential]
Export Taxes]
|
|
[Article 13.
|
State Trading
Enterprises]]
|
|
|
|
|
Section C
|
Procedures and
Institutions
|
|
Article 14.
|
[Consultations and]
Dispute Settlement
|
|
[Article 15.
|
Committee on Agriculture]
|
|
|
|
|
[[Part II:]
|
[CHAPTER]:
Sanitary and Phytosanitary Measures
|
|
[Article 16.
|
Scope and Coverage]
|
|
[Article 17.
|
Relation to Other
Provisions]
|
|
[Article 18.
|
Implementation of the
Agreement on the Application of WTO SPS Measures at the FTAA]
|
|
[Article 19.
|
Harmonization]
|
|
[Article 20.
|
Equivalence]
|
|
[Article 21.
|
Risk Assessment and
Appropriate Level of Sanitary or Phytosanitary Protection]
|
|
[Article 22.
|
Emergency Measures]
|
|
[Article 23.
|
Adaptation to Regional
Conditions, Including Pest- or Disease-Free Areas and Areas of Low Pest or
Disease Prevalence]
|
|
[Article 24.
|
Control, Inspection and
Approval Procedures]
|
|
[Article 25.
|
Technical Cooperation
and Assistance]
|
|
[Article 26.
|
Transparency]
|
|
[Article 26.
|
Transparency]
|
|
[Article 27.
|
Consultations]
|
|
[Article 28.
|
Counternotification]
|
|
[Article 29.
|
Dispute Settlement]
|
|
[Article 30.
|
Institutional Issues]
|
|
[Article 31.
|
Competent authorities]]
|
|
|
|
|
[ANNEX 1]
|
[RULES FOR THE PROVISION
OF EXPORT CREDITS FOR AGRICULTURAL PRODUCTS]
|
|
|
|
[ANNEX 2]
|
[DISCIPLINES FOR
MONITORING THE PROVISION OF FOOD AID IN THE FTAA]
|
|
|
|
[ANNEX 3]
|
[LIST OF FOOD AID
TRANSACTIONS]
|
|
|
|
|
[ANNEX 4]
|
|
|
|
|
|
[ANNEX 5]
|
[Initial
Ministerially-mandated Work Programme for the FTAA SPS Committee]]
|
|
|
|
|
|
|
|
CHAPTER X Origin Regime
|
|
|
|
|
Section A
|
General Aspects
|
|
[Article 1.
|
Definitions]
|
|
Article 2.
|
[Basic Principles]
|
|
|
|
|
Section B
|
Substantive Provisions
|
|
Article 3.
|
Originating Goods
|
|
Article 4.
|
[Regional Value Content]
[Value Test]
|
|
Article 5.
|
Treatment of
Accumulation
|
|
[Article 6.
|
“De Minimis”]
|
|
Article 7.
|
Qualification of
Specific Types of Goods and Materials
|
|
Article 8.
|
Operations That Do Not
Confer Origin
|
|
Article 9.
|
[Direct Shipment],
Transit and Transshipment
|
|
|
|
|
Section C
|
Procedures and
Institutions
|
|
Article 10.
|
Application
|
|
[Article 11.
|
Consultation and
Modification]
|
|
|
|
|
ANNEX
|
[ANNEX TO ARTICLE 1.3.SPECIFIC
RULES OF ORIGIN]
|
|
|
|
|
|
|
|
CHAPTER XI
[Customs]
Procedures Related to the Origin Regime
|
|
|
|
|
Section A
|
General Aspects
|
|
[Article 1.
|
Definitions]
|
|
|
|
|
Section B
|
Substantive Provisions
|
|
|
|
|
Subsection B.1.
|
Claim for Preferential
Tariff Treatment
|
|
Article 2.
|
|
|
Article 3.
|
Certification
|
|
Article 4.
|
Obligations relating to
Importations
|
|
Article 5.
|
Obligations relating to
Exportations
|
|
[Article 6.
|
Obligations of
Certifying Entities]
|
|
Article 7.
|
Record Keeping
Requirements
|
|
|
|
|
Subsection B.2.
|
Administration of the
Rules of Origin
|
|
[Article 8.
|
Advance rulings]
|
|
[Article 9.
|
Review and appeal]
|
|
|
|
|
Subsection B.3.
|
Verification
[and Control] of Origin
|
|
Article 10.
|
Procedures for verifying
origin
|
|
|
|
|
Subsection B.4.
|
Penalties
|
|
[Article 11.]
|
|
|
[Article 12.]
|
|
|
|
|
|
Section C
|
Procedures and
Institutions
|
|
Article 13.
|
Confidentiality
|
|
Article 14.
|
Cooperation
|
|
[Article 15.
|
Competent authorities]
|
|
[Article 16.
|
Incorporation of
modifications]
|
|
[Article 17.
|
Regulations]
|
|
|
|
|
|
|
|
CHAPTER XII Customs
[Procedures][Matters]
|
|
|
|
|
Section A
|
General Aspects
|
|
[Article 1.
|
Definitions]
|
|
Article 2.
|
|
|
|
|
|
Section B
|
Substantive Provisions
|
|
Article 3.
|
Transparency and
Dissemination
|
|
Article 4.
|
[Automation][Electronic
Data Interchange Systems and Common Data Elements]
|
|
Article 5.
|
Cooperation
|
|
Article 6.
|
Code of Conduct
|
|
Article 7.
|
Combating Illicit
Customs
|
|
[Article 8.
|
Advance Rulings]
|
|
Article 9.
|
Review and Appeal
|
|
Article 10.
|
Confidentiality
|
|
Article 11.
|
Penalties
|
|
[Article 12.
|
[Release][Clearance]
and Security]
|
|
Article 13.
|
Harmonized System
|
|
Article 14.
|
Customs Valuation
|
|
[Article 15.
|
Risk Analysis /
Targeting Methodology]
|
|
[Article 16.
|
Pre-shipment Inspection]
|
|
[Article 17.
|
Temporary
[Admission][Importation] of Goods]
|
|
[Article 18.
|
Goods Re-entered After
Repair or Alteration]
|
|
[Article 19.
|
[Importation of]
Duty-free [Entry] of Certain Commercial Samples and Printed
Advertising Materials]
|
|
[Article 20.
|
Containers and Vehicles
Used in International Traffic]
|
|
Article 21.
|
[Express Shipments]
|
|
[Article 22.
|
Low Value Shipment
Transactions]
|
|
|
|
|
|
|
|
[CHAPTER XIII Standards and Technical Barriers
to Trade
|
|
|
|
|
Section A
|
General Aspects
|
|
[Article 1.
|
Definitions]
|
|
Article 2.
|
General Objectives
|
|
Article 3.
|
Scope and Coverage
|
|
Article 4.
|
Relation to Other
Provisions
|
|
|
|
|
Section B
|
Substantive Provisions
|
|
Article 5.
|
General Principles
|
|
[Article 6.
|
Identification of
Technical Barriers to Trade]
|
|
Article 7.
|
Standards
|
|
[Article 8.
|
Trade Facilitation]
|
|
Article 9.
|
Technical Regulations
|
|
Article 10.
|
Conformity Assessment
|
|
[Article 11.
|
Metrology]
|
|
|
|
|
Section C
|
Procedures and
Institutions
|
|
Article 12.
|
Transparency
Requirements and Information Systems
|
|
[Article 13.
|
Treatment of the
Differences in the Levels of Development and Size of Economies]
|
|
Article 14.
|
Technical Cooperation
and Assistance
|
|
[Article 15.
|
Consultations and
Dispute Settlement]
|
|
[Article 16.
|
Committee on Technical
Barriers to Trade]]
|
|
|
|
|
[Technical Barriers to Trade
|
|
|
|
|
Section A
|
General Aspects
|
|
Article
1.
|
Relation
to the WTO Agreement on Technical Barriers to Trade (WTO TBT Agreement)
|
|
|
|
|
Section B
|
Substantive Provisions
|
|
Article 2.
|
Technical Cooperation
and Assistance
|
|
|
|
|
Section C
|
Procedures and
Institutions
|
|
Article 3.
|
Committee on Technical
Barriers to Trade]
|
|
|
|
|
|
|
|
CHAPTER XIV Safeguard Measures
|
|
|
|
|
Section A
|
General Aspects
|
|
Article 1.
|
Definitions
|
|
|
|
|
Section B
|
Substantive Provisions
|
|
|
|
|
Subsection B.1
|
[FTAA Safeguards]
|
|
Article 2.
|
Scope of Application
|
|
Article 3.
|
Conditions for
Application
|
|
Article 4.
|
Nature of the Measures
|
|
Article 5.
|
Period of Application of
the Measures
|
|
|
|
|
Subsection B.2
|
[Procedures and Common
Provisions]
|
|
[Article 6.
|
Investigation Procedures
and Transparency Requirements]
|
|
[Article 7.
|
Notification and
Consultations]
|
|
[Article 8.
|
Provisional Safeguards]
|
|
[Article 9.
|
Rights of the Affected
Parties]
|
|
[Article 10.
|
Safeguards for Specific
Sectors]
|
|
Article 11.
|
Global Safeguards
|
|
|
|
|
Section C
|
Procedures and
Institutions
|
|
[Article 12.
|
Dispute Settlement for
matters related to safeguard measures]
|
|
|
|
|
ANNEXES
|
|
|
|
|
|
|
|
|
[CHAPTER XV Subsidies, Antidumping and
Countervailing Duties
|
|
|
|
|
Section A
|
General Aspects
|
|
Article 1.
|
[Definitions]
|
|
Article 2.
|
[General Provisions]
|
|
|
|
|
Section B
|
Substantive Provisions
|
|
Article 3.
|
[Determination of
Dumping] [or Subsidies]
|
|
Article 4.
|
[Determination of Injury]
|
|
Article 5.
|
[Initiation of
Investigation and Investigation Procedures]
|
|
Article 6.
|
[Evidence]
|
|
Article 7.
|
[Provisional Measures]
|
|
Article 8.
|
[Price Undertakings]
|
|
Article 9.
|
[Imposition and
Collection of Duties]
|
|
Article 10.
|
[Procedure for a New
Exporter]
|
|
Article 11.
|
[Duration and Review of
Duties and Undertakings]
|
|
Article 12.
|
[Public Interest]
|
|
Article 13.
|
[Elimination of
Antidumping Measures]
|
|
Article 14.
|
[Public Notice and
Explanation of Determinations]
|
|
Article 15.
|
[Developing Countries]
|
|
|
|
|
Section C
|
Procedures and
Institutions
|
|
Article 16.
|
[Technical Assistance]
|
|
Article 17.
|
[Consultation and
Dispute Settlement]
|
|
Article 18.
|
[Joint Committee]
|
|
Article 19.
|
[Final Provisions]]
|
|
|
|
|
|
|
|
[CHAPTER XV Subsidies, Antidumping and
Countervailing Duties
|
|
|
|
|
Section A
|
General Aspects
|
|
Article 1.
|
Definitions
|
|
Article 2.
|
Priority of Agreements
|
|
|
|
|
Section B
|
Substantive Provisions
|
|
Article 3.
|
Cooperation in
Compliance on Subsidies
|
|
Article 4.
|
Initiation of
Investigations
|
|
Article 5.
|
Investigations
|
|
Article 6.
|
Transparency and
Fairness
|
|
Article 7.
|
Imposition and
Collection of Duties
|
|
Article 8.
|
Reviews
|
|
Article 9.
|
Special and Differential
Treatment
|
|
|
|
|
Section C
|
Procedures and
Institutions
|
|
Article 10.
|
Dispute Settlement
|
|
Article 11.
|
Trade Rules Committee
|
|
Article 12.
|
Conformity of Laws
|
|
|
|
|
Annex A
|
Public Interest Factors
|
|
|
|
|
Annex B
|
Expiry Review Factors]
|
|
|
|
|
|
|
|
CHAPTER XVI Services
|
|
|
|
|
Section A
|
General Aspects
|
|
Article 1.
|
Definitions
|
|
Article 2.
|
Scope and Sectoral
Coverage
|
|
|
|
|
Section B
|
Substantive Provisions
|
|
Article 3.
|
Most-Favored-Nation
Treatment
|
|
Article 4.
|
National Treatment
|
|
Article 5.
|
Market Access
|
|
Article 6.
|
Transparency
|
|
Article 7.
|
Denial of Benefits
|
|
[Article 8.
|
Domestic Regulation]
|
|
[Article 9.
|
General Exceptions]
|
|
[Article 10.
|
Security Exceptions]
|
|
[Article 11.
|
Recognition]
|
|
[Article 12.
|
List of Specific
Commitments]
|
|
[Article 13.
|
[Reservations] /
[Non-Conforming Measures]]
|
|
[Article 14.
|
Future Liberalization]
|
|
[Article 15:
|
Transfers and Payments]
|
|
[Article 16.
|
Restrictions to Protect
the Balance of Payments]
|
|
[Article 17.
|
Special Safeguards]
|
|
[Article 18.
|
Subsidies]
|
|
[Article 19.
|
Trade Practices]
|
|
[Article 20.
|
Competition]
|
|
[Article 21.
|
Treatment of Differences
in Size and Levels of Development]
|
|
|
|
|
Section C
|
Procedures and
Institutions
|
|
[Article 22.
|
Technical Cooperation]
|
|
[Article 23.
|
Committee on
[Cross-Border] Trade in Services]
|
|
[Article 24.
|
Relations with Other
International Organizations]
|
|
|
|
|
[TEXT ON TEMPORARY ENTRY
OF BUSINESS PERSONS
|
|
Article 1.
|
General Principles
|
|
Article 2.
|
General Obligations
|
|
Article 3.
|
Authorization of
Temporary Entry
|
|
Article 4.
|
Availability of
information
|
|
Article 5.
|
Dispute settlement
|
|
Article 6.
|
Definitions
|
|
|
|
|
Annex
|
Annex to the Text on
Temporary Entry of Business Persons
|
|
Article 1.
|
Business Visitors
|
|
Article 2.
|
Business People and
Investors
|
|
Article 3.
|
Transfer of Personnel
within an Enterprise
|
|
Article 4.
|
Professionals and
Technicians
|
|
|
|
|
Appendix
|
Appendix to Article 1 on
Business Visitors of the Annex to the Text on Temporary Entry of Business
Persons
|
|
|
|
|
Appendix XX
|
Appendix XX on Migration
Measures Currently in Force of the Annex to the Text on Temporary Entry of
Business Persons
|
|
|
|
|
Appendix
|
Appendix to Article 4 on
Professionals and Technicians of the Annex to the Text on Temporary Entry of
Business Persons]
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[TEXT ON PROFESSIONAL
SERVICES
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Article 1.
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Purpose
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Article 2.
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Processing Licensing and
Certification Applications
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Article 3.
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Development of
Professional Standards
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Article 4.
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Temporary Licensing
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Article 5.
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Review]
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[TEXT ON
TELECOMMUNICATION SERVICES
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Article 1.
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Scope and Coverage
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Article 2.
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Access to and Use of
Public Telecommunications Services
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Article 3.
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Obligations Relating to
Suppliers of Public Telecommunications Services
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Article 4.
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Additional Obligations
Relating to Major Suppliers of Public Telecommunications Services
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Article 5.
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Submarine Cable Systems
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Article 6.
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Conditions for the
Provision of Information Services
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Article 7.
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Independent Regulatory
Bodies and Privatization
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Article 8.
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Universal Service
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Article 9.
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Licensing Process
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