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
|
|
|
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]
|
|
|
[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]
|
|
|
[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
|
|
|
|
CHAPTER IX Agriculture
|
|
|
[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]
|
|
|
[TEXT ON PROFESSIONAL
SERVICES
|
Article 1.
|
Purpose
|
Article 2.
|
Processing Licensing and
Certification Applications
|
Article 3.
|
Development of
Professional Standards
|
Article 4.
|
Temporary Licensing
|
Article 5.
|
Review]
|
|
|
[TEXT ON
TELECOMMUNICATION SERVICES
|
Article 1.
|
Scope and Coverage
|
Article 2.
|
Access to and Use of
Public Telecommunications Services
|
Article 3.
|
Obligations Relating to
Suppliers of Public Telecommunications Services
|
Article 4.
|
Additional Obligations
Relating to Major Suppliers of Public Telecommunications Services
|
Article 5.
|
Submarine Cable Systems
|
Article 6.
|
Conditions for the
Provision of Information Services
|
Article 7.
|
Independent Regulatory
Bodies and Privatization
|
Article 8.
|
Universal Service
|
Article 9.
|
Licensing Process
|
Article 10.
|
Allocation and Use of
Scarce Resources
|
Article 11.
|
Enforcement
|
Article 12.
|
Resolution of Domestic
Telecommunications Disputes
|
Article 13.
|
Transparency
|
Article 14.
|
Flexibility in the
Choice of Technologies
|
Article 15.
|
Forbearance
|
Article 16.
|
Relationship to other
Chapters
|
Article 17
|
Definitions]
|
|
|
[TEXT ON FINANCIAL
SERVICES
|
|
Article 1.
|
Scope and Coverage
|
Article 2.
|
National Treatment
|
Article 3.
|
Most-Favored-Nation
Treatment
|
Article 4.
|
Market Access for
Financial Institutions
|
Article 5.
|
Cross-Border Trade
|
Article 6.
|
New Financial Services
|
Article 7.
|
Treatment of Certain
Information
|
Article 8.
|
Senior Management and
Boards of Directors
|
Article 9.
|
Non-Conforming Measures
|
Article 10.
|
Exceptions
|
Article 11.
|
Transparency
|
Article 12.
|
Self-Regulatory
Organizations
|
Article 13.
|
Payment and Clearing
Systems
|
Article 14.
|
Domestic Regulation
|
Article 15.
|
Expedited Availability
of Insurance Services
|
Article 16.
|
Financial Services
Committee
|
Article 17.
|
Consultations
|
Article 18.
|
Dispute Settlement
|
Article 19.
|
Investment Disputes in
Financial Services
|
Article 20.
|
Definitions
|
|
|
Annex 5.1
|
Annex 5.1 on
Cross-Border Trade to Article 5.1 of the Text on Financial Services
|
Article 1.
|
Insurance and
Insurance-Related Services
|
Article 2.
|
Banking and other
Financial Services (excluding insurance)
|
|
|
Annex 9.2
|
Annex 9.2 on Specific
Commitments to Article 9.2 of the Text on Financial Services
|
Article 1.
|
Portfolio Management
|
|
|
Annex 16.1
|
Annex 16.1 on Financial
Services Committee to Article 16.1 of the Text on Financial Services
|
Article 1.
|
Authorities Responsible
for Financial Services]
|
|
|
|
|
CHAPTER XVII Investment
|
|
|
Section A
|
General Aspects
|
Article 1.
|
Definitions
|
Article 2.
|
Scope
|
[Article 3.
|
Chapter on Investment
and Its Relationship with Other Chapters]
|
|
|
Section B
|
Substantive Provisions
|
Article 4.
|
National Treatment
|
Article 5.
|
Most-Favored-Nation
Treatment
|
Article 6.
|
Standard of Treatment
|
Article 7.
|
Denial of Benefits
|
[Article 8.
|
Extra-Territorial
Application of Laws on Investment-Related Issues]
|
Article 9.
|
[Fair and Equitable
Treatment] [Minimum Standard of Treatment]
|
Article 10.
|
Performance Requirements
|
Article 11.
|
[Key Personnel] [Senior
Management and Boards of Directors]
|
Article 12.
|
Transfers
|
Article 13.
|
Expropriation and
Compensation
|
Article 14.
|
Compensation for Losses
|
Article 15.
|
Exceptions to National
Treatment and Most-Favored-Nation Treatment
|
Article 16.
|
[Reservations] [Non-Conforming
Measures]
|
Article 17.
|
General Exceptions
|
[Article 18.
|
Commitment Not To Relax
Domestic Labor Laws To Attract Investment]
|
[Article 19.
|
Commitment Not To Relax
Domestic Environmental Laws To Attract Investment]
|
[Article 20.
|
Special Formalities and
Information Requirements]
|
|
|
Section C
|
Procedures and
Institutions
|
|
|
Subsection C.1.
|
Transparency
|
[Article 21.
|
Transparency]
|
|
|
Subsection C.2.
|
Dispute Settlement
|
Article 22.
|
Dispute Settlement
|
|
|
[Subsection C.2.a.
|
State-to-State Disputes]
|
[Article 23.
|
State-to-State Disputes]
|
|
|
Subsection C.2.b.
|
Dispute Settlement
between a Party and an Investor of Another Party
|
[[Article 24.
|
Investor-State Disputes]
|
[Article 25.
|
Objective]
|
[Article 26.
|
Claim by an Investor of
a Party on Its Own Behalf or on Behalf of an
|
|
|
[Article 27.
|
[Settlement of a Claim
through Consultation and Negotiation] [Settlement of a Claim
through Consultation]
|
|
|
[Article 28.
|
Notice of Intent to
Submit a Claim to Arbitration]
|
[Article 29.
|
Submission of a Claim to
[[International]
Arbitration] [Dispute Settlement
|
|
|
[Article 30.
|
Conditions Precedent to
Submission of a Claim to Arbitration]
|
[Article 31.
|
Consent to Arbitration]
|
[Article 32.
|
Number of Arbitrators
and Method of Appointment]
|
[Article 32.
|
Arbitrators]
|
[Article 33.
|
Constitution of a
Tribunal When a Party Fails to Appoint an Arbitrator or the Disputing Parties
Are Unable to Agree on a Presiding Arbitrator]
|
|
|
[Article 34.
|
Roster of Arbitrators]
|
[Article 35.
|
Agreement to Appointment
of Arbitrators in Case of ICSID Arbitration]
|
[Article 36.
|
Consolidation]
|
[Article 37.
|
Notice]
|
[Article 37.
|
Notice]
|
[Article 38.
|
Participation by a Party]
|
[Article 38.
|
Participation by a
Non-Disputing Party]
|
[Article 39.
|
Documents]
|
[Article 40.
|
Place of Arbitration]
|
[Article 41.
|
Governing Law]
|
[Article 42.
|
Interpretation of
Annexes]
|
[Article 43.
|
Expert Reports]
|
[Article 44.
|
Interim
[or Precautionary] Measures [of
Protection]]
|
[Article 45.
|
Final Award]
|
[Article 46.
|
Finality and Enforcement
of the Award]
|
[Article 47.
|
General]
|
[Article 48.
|
Diplomatic Protection]
|
[Article 49.
|
Exclusions]
|
[Article 50.
|
Public Access to
Hearings and Documents]
|
[Article 51.
|
Non-Party Participation]]
|
|
|
[Article 24.
|
Consultation and
Negotiation
|
Article 25.
|
Submission of a Claim to
Arbitration
|
Article 26.
|
Consent of Each Party to
Arbitration
|
Article 27.
|
Conditions and
Limitations on Consent of Each Party
|
Article 28.
|
Selection of Arbitrators
|
Article 29.
|
Conduct of the
Arbitration
|
Article 30.
|
Transparency of Arbitral
Proceedings
|
Article 31.
|
Governing Law
|
Article 32.
|
Interpretation of
Annexes
|
Article 33.
|
Expert Reports
|
Article 34.
|
Consolidation
|
Article 35.
|
Awards
|
Article 36.
|
Service of Documents]
|
|
|
[Article 24
|
Dispute Settlement
between a Party and an Investor of Another Party]
|
|
|
[Annex XX
|
Customary International
Law]
|
|
|
[Annex XX
|
Expropriation]
|
|
|
[Annex XX
|
Standard Waiver]
|
|
|
[Annex XX-C
|
Service of Documents on
a Party under Section C]
|
|
|
[Annex XX-2
|
Submission of a Claim to
Arbitration]
|
|
|
|
|
CHAPTER XVIII Government Procurement
|
|
|
Section A
|
General Aspects
|
Article 1.
|
Definitions
|
[Article 2.
|
Objective[s]]
|
Article 3.
|
Scope of Application
|
[Article 4.
|
General Principles]
|
|
|
Section B
|
Substantive Provisions
|
Article 5.
|
[National Treatment and
Most Favored Nation Treatment] [Non-Discrimination]
|
[Article 6.
|
Treatment of the
Differences in the Level of Development and Size of Economies]
|
Article 7.
|
Offsets
|
[Article 8.
|
Rules of Origin]
|
Article 9.
|
Denial of Benefits
|
Article 10.
|
Dissemination of Laws
and Regulations
|
[Article 11.
|
[Government Procurement
Procedures] [General Principles]]
|
[Article 12.
|
Valuation of Procurement]
|
[Article 13.
|
Selective Tendering]
|
[Article 14.
|
Limited Tendering]
|
[Article 15.
|
Negotiation Disciplines]
|
[Article 16.
|
Publication of Notice of
Solicitation]
|
[Article 17.
|
Time Periods]
|
[Article 18.
|
Content of the Tender
Documentation]
|
Article 19.
|
Application of Technical
Specifications
|
[Article 20.
|
Qualification of
Suppliers]
|
[Article 21.
|
Registry of Suppliers]
|
Article 22.
|
Submission, Receipt and
Opening of Tenders
|
Article 23.
|
Evaluation of Tenders
and Award of Contracts
|
Article 24.
|
Dissemination and
Publication of Information on Contract Awards
|
Article 25.
|
[Non-Disclosure of]
[Confidential] Information
|
Article 26.
|
[[Review] [Challenge]
Procedures]
|
Article 27.
|
Exceptions
|
|
|
Section C
|
Procedures and
Institutions
|
[Article 28.
|
Ensuring Integrity in
Procurement Practices]
|
[Article 29.
|
Amendments,
Modifications and Privatization]
|
[Article 30.
|
Designation of Contact
Points]
|
[Article 31.
|
Technical Cooperation
[and Assistance]
|
[Article 32.
|
Dispute Settlement]
|
[Article 33.
|
Administration of the
Chapter]
|
|
|
|
|
CHAPTER XIX Competition Policy
|
|
|
Section A
|
General Aspects
|
Article 1.
|
[General] [Objective]
[Statement]
|
Article 2.
|
Scope of Application
|
Article 3.
|
General Provisions
|
Article 4.
|
Confidentiality
|
Article 5.
|
Definitions
|
|
|
Section B
|
Substantive Provisions
|
Article 6.
|
Competition Law
[and Authorities]
|
Article 7.
|
Exclusions, Exceptions
[or Authorizations]
|
Article 8.
|
Mechanisms for
[Cooperation] [Collaboration]
and for Exchange of Information among [Competition] Authorities
|
[Article 9.
|
Market Regulatory
Policies and Measures, [Legal]
[Designated] Monopolies, State Enterprises]
|
[Article 10.
|
State Aids]
|
[Article 11.
|
[Transitional Measures]
[Special and Differential Treatment]]
|
|
|
Section C
|
Procedures and
Institutions
|
Article 12.
|
Institutional Provisions
|
Article 13.
|
Mechanisms for
[Cooperation] [Collaboration]
and for Exchange of Information among [Competition] Authorities
|
[Article 14.
|
Consultations]
|
[Article 14.
|
Consultations on
Competition Issues]
|
[Article 15.
|
Dispute Settlement]
|
Article 16.
|
Technical Assistance
|
|
|
|
|
CHAPTER XX Intellectual Property Rights
|
|
|
Section A
|
General Aspects
|
Article 1.
|
Nature and Scope of
Obligations
|
[Article 2.
|
General Objectives]
|
[Article 3.
|
General principles]
|
[Article 4.
|
Exhaustion of rights]
|
Article 5.
|
[Relationship to other
Intellectual Property Agreements [and Joint Recommendations]]
|
|
|
Section B
|
Substantive Provisions
|
|
|
Subsection B.1.
|
Obligations and
Commitments
|
Article 1.
|
National Treatment
|
Article 2.
|
Most-Favored-Nation
Treatment
|
Article 3.
|
Multilateral Agreements
on Acquisition and Maintenance of Protection
|
[Article 4.
|
Technology Transfer]
|
[Article 5.
|
Exercise of Rights[/Abuse of Rights]]
|
|
|
Subsection B.2.
|
Intellectual Property
Rights
|
|
|
Subsection B.2. a.
|
Trademarks
|
Article 1.
|
Protectable Subject
Matter
|
[Article 2.
|
Principles]
|
Article 3.
|
Prohibitions
|
Article 4.
|
Exhaustion of Rights
|
Article 5.
|
Rights Conferred
|
Article 6.
|
Well-Known Marks
|
Article 7.
|
Exceptions
|
Article 8.
|
Term of Protection
|
Article 9.
|
Requirement of Use
|
[Article 10.
|
Other Requirements]
|
Article 11.
|
Licensing and Assignment
|
Article 12.
|
Procedural Issues
|
[Article 13.
|
Domain names on the
Internet] [Article XX.
Domain names on the Internet]
|
|
|
Subsection B.2.b.
|
Geographical Indications
|
[Article 1.
|
Definition]
|
Article 2.
|
Protection of
Geographical Indications
|
[Article 3.
|
Protectable Subject
Matter]
|
Article 4.
|
[Right of Action][Ownership]
|
Article 5.
|
[Rights Conferred]
|
Article 6.
|
[Relation to Trademark
Protection]
|
[Article 7.
|
[Procedural Issues]
[Transparency]]
|
|
|
Subsection B.2.c.
|
Copyright and Related
Rights
|
Article 1.
|
Definitions
|
Article 2.
|
[Protectable Subject
Matter] [Scope of protection]
|
Article 3.
|
[Moral rights]
|
Article 4.
|
Economic Rights
|
Article 5.
|
Right of reproduction
|
Article 6.
|
Right of distribution
|
Article 7.
|
[Right of Participation]
|
Article 8.
|
Right of communication
to the public
|
Article 9.
|
Term of protection
|
Article 10.
|
Limitations and
exceptions
|
Article 11.
|
[Protection of existing
subject matter]
|
Article 12.
|
[Transfer of Rights]
|
Article 13.
|
[Safeguard of Copyright
with respect to related rights]
|
Article 14.
|
[Points of attachment]
|
Article 15.
|
[Economic Rights of
Performers in Their Unfixed Performances]
|
Article 16.
|
Rights of Performers
|
Article 17.
|
Rights of Producers of
Phonograms
|
Article 18.
|
Rights of Broadcasting
Organizations
|
Article 19.
|
Term of Protection
|
Article 20.
|
[Limitations and
exceptions to related rights]
|
Article 21.
|
Protection of
program-carrying satellite signals
|
Article
22.
|
[Obligations
concerning technological measures]
|
Article 23.
|
[Obligations concerning
rights management information]
|
Article 24.
|
[Collective
Administration of Rights]
|
[Article 25.
|
Government use of
Computer Programs]
|
|
|
[Subsection B.2.d.
|
Protection of
[Expressions of] Folklore]
|
[Article 1.
|
Protection of
[Expressions of] Folklore]
|
|
|
Subsection B.2.e.
|
Patents
[for Inventions]
|
Article 1.
|
Patentable Subject
Matter
|
[Article 2.
|
Principles]
|
Article 3.
|
Exceptions to
Patentability
|
Article 4.
|
Rights Conferred
|
Article 5.
|
Exceptions to Rights
Conferred
|
Article 6.
|
Other Use Without
Authorization of the Right Holder
|
[Article 7.
|
Exhaustion of Rights]
|
Article 8.
|
Revocation/Forfeiture
|
Article 9.
|
Term of Protection.
|
Article 10.
|
Procedural Issues
|
Article 11.
|
Conditions on Patent
Applicants
|
|
|
[Subsection B.2.f.
|
[Traditional Knowledge
and Access to Genetic Resources under the Intellectual Property Framework][Relationship
between the Protection of Traditional Knowledge and Intellectual Property, as
well as the Relationship between Access to Genetic Resources and Intellectual
Property] [The Protection of Traditional Knowledge, Access to
Genetic Resources, and Intellectual Property]]
|
Article 1.
|
[Application] [General
principles]
|
Article 2.
|
[Conditions, objectives,
and implementation]
|
Article 3.
|
[Relationship with
patents on inventions and other intellectual property rights]
|
|
|
[Subsection B.2.g.
|
Utility Models]
|
[Article 1.
|
Utility Models]
|
[Article 2.
|
Term of Protection]
|
[Article 3.
|
Exceptions]
|
|
|
[Subsection
|
B.2.h.Industrial Designs]
|
[Article 1.
|
Requirements for
Protection]
|
[Article 2.
|
Prohibitions and
Exceptions]
|
[Article 3.
|
Duration of protection]
|
[Article 4.
|
Rights conferred]
|
[Article 5.
|
Exhaustion of Rights]
|
|
|
[Subsection B.2.i.
|
Rights of Breeders of
Plant Varieties]
|
[Article 1.
|
General Obligations]
|
[Article 2.
|
Genera and Species to be
Protected]
|
[Article 3.
|
Conditions of Protection]
|
[Article 4.
|
Rights Conferred]
|
[Article 5.
|
Exceptions]
|
[Article 6.
|
Exhaustion of Breeder’s
Rights]
|
[Article 7.
|
Measures Regulating
Commerce]
|
[Article 8.
|
Licensing and Assignment]
|
[Article 9.
|
Restrictions/National
Security-Public Interest]
|
[Article 10.
|
Term of Protection]
|
[Article 11.
|
Variety Denomination]
|
[Article 12.
|
Maintenance of Rights]
|
|
|
Subsection B.2.j.
|
Undisclosed Information
|
Artícle 1.
|
Protection of
undisclosed information
|
[Article 2.
|
Rights Conferred]
|
|
|
[Subsection B.2.k.
|
Unfair Competition]
|
[Article 1.
|
Unfair competition]
|
|
|
[Subsection B.2.l.
|
Anti-competitive Practices
in Contractual Licenses]
|
[Article 1.
|
Anti-competitive
practices in contractual licenses]
|
|
|
Subsection B.3.
|
Enforcement
|
Article 1.
|
[General Obligations]
[General Provisions]
|
Article 2.
|
[Civil and
Administrative Procedures and Remedies]
|
Article 3.
|
[Provisional Measures]
|
Article 4.
|
[Border Measures ]
|
Article 5.
|
[Criminal Procedures]
|
[Article 6.
|
Technological Measures]
|
|
|
Section C
|
Procedures and
Institutions
|
Article 1.
|
Transparency
|
Article 2.
|
[Treatment of the
differences in the level of development and size of the economies][Technical
Cooperation]
|
Article 3.
|
[Cooperation to
eliminate the trade of goods that infringe upon intellectual property rights]
|
[Article 4.
|
Transitional
Arrangements]
|
Article 5.
|
[Committee on
Intellectual Property]
|
Article 6.
|
[Protection of Existing
Subject Matter]
|
|
|
|
Institutional Arrangements and Final Provisions
|
|
|
|
CHAPTER XXI Institutional Framework
|
|
|
Article 1.
|
Council
|
Article 2.
|
Executive Committee
|
Article 3.
|
[Committees]
|
Article 4.
|
[Civil Society
Consultative Committee]
|
Article 5.
|
[Committee on the
Differences in Levels of Development and Sizes of the Economies including the
Hemispheric Cooperation Program]
|
Article 6.
|
[Committee on
Administration and Budget]
|
Article 7.
|
[Common Provisions for
the Executive Committee and the Committees of the FTAA]
|
Article 8.
|
[Meetings of exclusive
interest to two or more Parties]
|
Article 9.
|
Secretariat
|
Article 10.
|
[Provision of technical
support to FTAA Entities]
|
Article 11.
|
[Technical assistance to
help countries implement the FTAA Agreement/ Hemispheric Cooperation Program]
|
Article 12.
|
[Financing]
|
Article 13.
|
[Dispute Settlement Body]
|
|
|
|
|
CHAPTER XXII General Exceptions
|
|
|
Article 1.
|
[Definitions]
|
Article 2.
|
[Exceptions in goods and
services]
|
Article 3.
|
[Essential Security]
|
Article 4.
|
[Taxation]
|
Article 5.
|
[Disclosure of
Information]
|
Article 6.
|
[Balance of Payments]
|
Article 7.
|
[Cultural Exemption]
|
|
|
|
|
CHAPTER XXIII Dispute Settlement
|
|
|
Section A
|
General Aspects
|
Article 1.
|
Definitions
|
Article 2.
|
Scope of Application
|
[Article 3.
|
Non-Violation
Nullification or Impairment]
|
Article 4.
|
Cooperation
|
Article 5.
|
General Provisions
|
Article 6.
|
Differences in the
levels of development and size of economies
|
[Article 7.
|
Effective Access]
|
Article 8.
|
Choice of Forum
|
|
|
Section B
|
Substantive Provisions
|
Article 9.
|
Consultations
|
Article 10.
|
Cases of Urgency
|
Article 11.
|
Establishment of a
Neutral Panel
|
Article 12.
|
Roster of Panelists
|
Article 13.
|
Composition of the
Neutral Panel
|
Article 14.
|
Challenge and Removal
|
Article 15.
|
Terms of Reference of
the Neutral Panel
|
Article 16.
|
Rules of Procedure
|
[Article 17.
|
Procedures for Multiple
Complainants]
|
Article 18.
|
Third Parties
|
[Article 19.
|
Provisional Measures]
|
[Article 20.
|
Preliminary Proceedings]
|
Article 21.
|
Expert Advice
|
Article 22.
|
Withdrawal or Mutually
Satisfactory Solution
|
[Article 23.
|
Initial Report]
|
Article 24.
|
Final Report
|
[Article 25.
|
Appellate Body]
|
[Article 26.
|
Constitution of the
Appellate Body]
|
[Article 27.
|
Appeal Procedure]
|
[Article 28.
|
Reports of the Appellate
Body]
|
[Article 29.
|
Recourse to
Clarification]
|
[Article 30.
|
Nature of the Final
Report]
|
[Article 31.
|
Implementation of the
Final Report]
|
[Article 32.
|
Failure to Compensate]
|
[Article 33.
|
Suspension of Benefits
or Other Obligations]
|
[Article 34.
|
Monetary Assessments]
|
[Article 35.
|
Compliance Review]
|
[Article 36.
|
Five-Year Review]
|
[Article 37.
|
Arbitration]
|
|
|
Section C
|
Procedures and
Institutions
|
Article 38.
|
Calculation of Time
Periods
|
Article 39.
|
Non-Party Participation
|
Article 40.
|
[Public Access to
Documents]
|
Article 41.
|
[Public Access to
Hearings]
|
Article 42.
|
[Business Confidential
Information]
|
[Article 43.
|
Remuneration and Payment
of Expenses]
|
Article 44.
|
Good Offices,
Conciliation and Mediation
|
[Article 45.
|
Interpretation of the
FTAA Agreement in Judicial or Administrative Proceedings]
|
Article 46.
|
Private Rights
|
[Article 47.
|
Alternative Dispute
Resolution Between Private Parties]
|
Article 48.
|
Dispute Settlement
Institutions
|
|
|
Annex 1
|
Rules of Procedure to
Article 16 Rules of Procedure)
|
|
|
[Annex 2
|
(Code of Conduct)]
|
|
|
[Annex 3
|
Procedures Governing the
Treatment of Business Confidential Information]
|
|
|
|
|
CHAPTER XXIV Final Provisions
|
|
|
Article 1.
|
[Annexes]
|
Article 2.
|
Implementation of
[modifications to the FTAA Agreement] [Changes
Approved by the Council]
|
Article 3.
|
[Remuneration and
Payment of Expenses]
|
Article 4.
|
[Reservations]
|
Article 5.
|
[Amendments]
|
Article 6.
|
Authentic Texts
|
Article 7.
|
Withdrawal
|
Article 8.
|
Entry into force
|
Article 9.
|
Accession
|