[PREAMBLE TO THE FTAA AGREEMENT]
[The
Governments of...(insert full names of the 34 countries of the FTAA),
hereinafter “the Parties,” ]
[COMMITTED
to advancing towards economic prosperity, strengthening ties of friendship
[and cooperation] and democratic values and institutions,
[and] protecting fundamental human rights and the security of
persons, and promoting social development among the Parties, within a
framework of equity, [and][consistent with the underlying
principles [of the Summit of the Americas] and overall
objectives of the Summit of the Americas process;]]
[CONSIDERING
the need to strengthen the [close] economic relations and
cooperation that unite the Parties so as to raise the productive capacity
and competitiveness of their economies through the adoption of [uniform],
balanced, clear, and transparent rules;]
[RECOGNIZING
the broad differences in the levels of development and size of the
economies of the region and the resulting need to create opportunities for
all Parties,[ and especially the smaller economies], to
participate in taking advantage jointly and fully in the benefits deriving
from hemispheric integration; ]
[CONSIDERING
the importance of attaining macro-economic stability and the efforts made
by the Parties to achieve such stability;]
[TAKING
INTO ACCOUNT the revitalization of frameworks for economic integration in
the Hemisphere, the growing process of economic globalization of the
economies, and the importance of securing proper international
integration;]
[RESOLVED to foster a
[more extensive and secure] market, [that is free of
distortions], for goods produced and services provided, [as
an important element in the facilitation of trade in goods and services
and the flow of capital and technology];
]
[COMMITED
to market-oriented agricultural trade that is free from trade-distorting
subsidies, and recognizing that agriculture plays an important role in
reducing poverty and promoting development.]
[RECOGNIZING
that the Parties must maintain the ability to preserve, develop and
implement their cultural policies for the purpose of strengthening
cultural diversity, given the essential role that cultural goods and
services play in the identity and diversity of society and the lives of
individuals;]
[DETERMINED
to better protect the environment and promote sustainable development [by
adopting trade and environmental policies that are mutually supportive];]
[COGNIZANT
of the need to [secure further, in accordance with their respective
laws and regulations, the observance and promotion of worker rights,
consistent with their commitment to [the observance of]
internationally recognized core labor standards, and to acknowledge that
the International Labour Organization is the competent body to set and
deal with those core labor standards,][ensure, in accordance with
their respective laws and regulations, the observance and promotion of the
labor rights, and recognizing the International Labour Organization as the
competent body to deal with the fundamental labor laws and regulations;]]
[DETERMINED
to promote higher standards of living and improve working conditions [in
the Americas] through the creation of new and higher-paying
employment opportunities, including, through increased economic
integration and free trade, and the building of a democratic and just
society based on solidarity; ]
[CONSIDERING
their respective rights and obligations under the World Trade Organization
agreements and other multilateral, regional and subregional instruments of
integration and cooperation; ]
[CONSIDERING
the need to promote the active involvement of the distinct private
economic agents in efforts to achieve expansion and deepening of economic
relations; ]
[CONVINCED
of the importance of economic integration, productive investment, and free
trade based on [fair regulations that allow] fair
competition;]
[REMOVING
to the extent possible, consistent with Article XXIV of the GATT 1994,
other restrictive regulations of commerce;]
[CONSIDERING
the need to establish a fair and predictable framework for promoting
and protecting investment and for avoiding the implementation of measures
that hamper investment flows among the Parties; ]
[DETERMINED
to protect adequately and enforce intellectual property rights]
[ACKNOWLEDGING
the importance of regulatory reform to advancing [toward]
trade liberalization, increasing market openness, and enhancing
competition within the Hemisphere;]
[CONVINCED
of the importance of creating effective procedures for the interpretation
and application of this agreement, for its joint administration and for
the resolution of disputes among the Parties;]
[RESOLVED
to preserve their flexibility to safeguard the public welfare]
[UNDERTAKING
the preceding in a manner consistent with international human rights norms
and principles]
[Enter
into this Free Trade Agreement of the Americas (hereinafter the
“Agreement”): ]
[GENERAL ARTICLES OF THE FTAA
AGREEMENT]
[Article 1: [Purposes]]
[The
purpose of this Agreement is to establish a free trade area in accordance
with Article XXIV of the General Agreement on Tariffs and Trade (GATT)
1994 and Understanding thereon, and Article V of the General Agreement on
Trade in Services (GATS).]
[Article 2: Objectives]
[This
Agreement has the following objectives:]
[a) trade liberalization with a
view to generate economic growth and prosperity, contributing to the
expansion of world trade;]
[b)
to generate increasing levels of trade in goods and services, and
investment, by means of market liberalization, through [fair,
clear, stable, and predictable] [fair, transparent,
predictable, coherent and with no counter-effect on free trade]
rules;]
[c)
to enhance competition and improve market access conditions for goods
and services among the Parties, including in the area of government
procurement;]
[d)
to eliminate barriers, restrictions and/or unnecessary distortions to
free trade among the Parties,[including unfair trade practices,
para-tariff measures, unjustified restrictions, domestic subsidies and
aids to trade in goods and services];]
[e)
to eliminate the barriers to the movement of capital and business
persons among the Parties;]
[f)
to foster the development of a hemispheric infrastructure that
facilitates the circulation of goods, services, and investment; and]
[g)
to establish mechanisms that guarantee greater access to technology,
through economic cooperation and technical assistance.]
[Article 3: [ Principles]]
[This
Agreement shall be governed by the following principles:]
[
a)the
rules agreed upon shall be clear, transparent and stable, in order to
prevent the possibility of any Party from applying unilateral,
arbitrary and/or discretionary measures to the detriment of one or
several other Parties;]
[b)
transparency in the actions of the Parties and of the bodies of this
Agreement; ]
[c)
consistency of the rights and obligations emanating from this
Agreement with the rules and disciplines of the World Trade
Organization (WTO); ]
[d)
the coexistence of this Agreement with bilateral and subregional
agreements, to the extent that the rights and obligations deriving
from these agreements are greater in scope than those hereunder;]
[e)
special and differential treatment, considering the broad differences
in the levels of development and size of the economies of the Parties,
to promote the full participation of all Parties;]
[f)
the adoption of decisions by consensus;]
[g) the sovereign equality of
the Parties;]
[h)
good faith in compliance with commitments assumed by the Parties
within the framework of this Agreement.]
[Article 4: [Application and Scope [of Coverage] of
Obligations]]
[4.1.
Each Party is fully responsible for the observance of all provisions of
the FTAA Agreement, and shall take such reasonable measures as may be
available to it to ensure such observance by regional and local
governments and authorities within its territory.]
[4.2.
The Parties shall ensure that their laws, regulations, and administrative
procedures are consistent with the obligations of this Agreement. The
rights and obligations under this Agreement are the same for all the
Parties[, whether Federal or unitary States, including the
different levels and branches of government], unless otherwise
provided in this Agreement.]
[4.3.
This Agreement shall co-exist with bilateral and subregional agreements,
and does not adversely affect the rights and obligations that one or more
Parties may have under such agreements, to the extent that such rights and
obligations imply a greater degree of integration than provided for
hereunder.]
[4.4.
The Parties confirm the rights and obligations in force among them under
the WTO Agreement. In the event of conflict between the provisions of the
WTO Agreement and the provisions of this Agreement, the provisions of this
Agreement shall prevail to the extent of the conflict.]
[Article 5: Exceptions]
[The
general exceptions of Article XX of GATT 1994,]
[The
general exceptions of Article XIV of GATS,]
[The
exceptions for national security reasons set forth in Article XXI of GATT
1994;]
[Exceptions
related to the disclosure of confidential information; and
]
[Balance
of payments exceptions.]
[TRANSPARENCY]
[Article 6: Information Centers][Contact Points]
[6.1
Each Party shall designate [a contact point] [an
agency or office] [as] [a general national
contact point] [an information center] to facilitate
communication between the Parties on any matter covered by this Agreement.]
[6.2
Likewise, each Party shall designate specific contact points to facilitate
communication between the Parties on the following matters covered in this
Agreement:... These contact points shall provide information on national
legislation and other measures that have a bearing on the aforesaid
matters.]
[6.3
[The designation of the general and specific contact points shall
include the name of the institution, the name and title of the official in
charge [of the matter], the office, address, telephone
number, fax number, and electronic mail address.][On the request of
another Party, the [information center][contact point]
shall identify the office or official responsible for the matter and
assist, as necessary, in facilitating communication with the requesting
Party].]
[6.4
The general and specific national contact points shall be designated and
commence operations within a period [of xx days from the date this
Agreement enters into force] [that shall take into account
the differences in the levels of development and size of the economies].
]
[6.5
Developing countries shall be provided with the technical and financial
assistance needed to ensure the operation of their general and specific
contact points.]
[Article 7: [Publication]
[Publication and Application of Trade Regulations]]
[7.1.
Subject to the provisions of the chapters of this Agreement, laws,
regulations, judicial decisions and administrative decisions of general
application made effective by any Party, pertaining to the matters covered
under this Agreement, shall be published promptly in such a manner as to
enable governments and interested sectors to become acquainted with them.
Agreements affecting international trade policy which are in force between
the government or a governmental agency of any Party and the Government or
governmental agency of any other Party shall also be published. The
provisions of this paragraph shall not require any Party to disclose
confidential information which would impede law enforcement or otherwise
be contrary to the public interest or would prejudice the legitimate
commercial interests of particular enterprises, public or private.]
[7.2.
a) Each Party shall administer in a uniform, impartial, and reasonable
manner all the laws, regulations, decisions, and administrative
rulings of the kind described in paragraph 1 of this Article.]
[b)
Each Party shall maintain, or institute as soon as practicable,
judicial, arbitral or administrative tribunals or procedures for the
purpose, inter alia, of the correction of action relating to
customs matters. Such tribunals or procedures shall be independent of
the agencies entrusted with administrative enforcement and their
decisions shall be implemented by, and shall govern the practice of,
such agencies unless an appeal is lodged with a court or tribunal of
superior jurisdiction within the time provided for appeals to be
lodged by importers, and provided that the central administration of
such agency may take steps to obtain a review of the matter in another
proceeding if there is good cause to believe that the decision is
inconsistent with established principles of law or the actual facts.]
[c)
The provisions of subparagraph b) of this paragraph shall not require
the elimination or substitution of procedures in force in the
territory of a Party on the date of this Agreement’s entry into force,
which in fact provide for an objective and impartial review of
administrative action. Any Party employing such procedures shall, upon
request, furnish the other Parties with full information thereon in
order that they may determine whether such procedures conform to the
requirements of this subparagraph.]
[7.3.
Each Party shall ensure that its laws, regulations, procedures and
administrative rulings of general application respecting any matter
covered by this Agreement are promptly published or otherwise made
available in such a manner as to enable interested persons and Parties to
become acquainted with them. [The laws, regulations, and procedures
shall be published and shall enter into force in accordance with the
national laws of the respective Party].]
[7.4.
To the extent possible, each Party shall:]
[
a)
publish in advance any such measure that it proposes to adopt; and]
[b)
provide [interested persons and Parties] [and any of
their nationals] [the same] a reasonable opportunity to
comment on such proposed measures.]
[Article 8: Notification and
Provision of Information]
[8.1.
[To the [maximum] extent possible,] each Party
shall notify [the other Parties] [any other Party with an
interest in the matter] [the Secretariat] of any [proposed
or] actual measure[that the Party considers] [that]
might [materially] affect the operation of this Agreement or
otherwise substantially affect that other Party’s interests, [under
this Agreement]. ]
[8.2.
At the request of another Party, a Party shall [promptly]
[within a period not exceeding xx days] provide information and
respond to questions pertaining to any actual or proposed measure, whether
or not that other Party has been previously notified of that measure.]
[8.3
The Parties shall, at the earliest opportunity, notify the Secretariat of
the signing of international agreements and their entry into force,
provided that they refer to matters covered in this Agreement.]
[8.4
[Each Party shall furnish complete information and shall do so in
good faith.] Any notification or [or furnishing of]
information [in accordance with][provided under] this
article shall [take place][be without prejudice as to]
whether [[or not] the measure is consistent with this
Agreement].]
[8.5
The Secretariat shall be a clearinghouse for information provided by the
Member States in the cases established in this Agreement. Such
information, whether of a public or confidential nature, shall be posted
on the FTAA website.]
[Article 9: Guaranteed Hearing,
Legality and Due Process]
[9.1.
Each Party confirms the guarantees of hearings, legality and due process
provided for in their respective legislations.]
[Article 10: Administration of Measures][Administrative Proceedings] ]
[10.1.
Each Party shall administer in a uniform, impartial, and reasonable manner
all its laws, regulations, decisions, and administrative rulings of
general application [respecting any matter covered by this
Agreement].]
[10.2.
With a view to administering in a [consistent,] impartial
and reasonable manner all measures of general application affecting
matters covered by this Agreement, each Party shall ensure that in its
administrative proceedings applying measures referred to in Article [7]
(Publication) to particular persons, goods or services of another Party in
specific cases that:]
[
a)
wherever possible, persons of another Party that are directly affected
by a proceeding are provided reasonable notice, in accordance with
domestic procedures, when a proceeding is initiated, including a
description of the nature of the proceeding, a statement of the legal
authority under which the proceeding is initiated and a general
description of any issues in controversy;]
[b)
such persons are afforded a reasonable opportunity to present facts
and arguments in support of their positions prior to any final
administrative action, when time, the nature of the proceeding and the
public interest permit; and]
[c)
its procedures are in accordance with domestic law.]
[Article 11: Review and Appeal]
[11.1.
Each Party shall [adopt or] maintain [and]
[or] [establish] judicial, [quasi-judicial
[,]] [arbitral] or administrative tribunals or
procedures for the purpose of, [inter alia], the
prompt review [and correction of measures of general application
respecting] [and [where] [when] [justified][warranted],
[the] correction of [definitive][final]
administrative actions [regarding][related to]]
matters covered by this Agreement. Such tribunals shall be impartial and
independent of the office or authority entrusted with [administrative
enforcement [of the law]] [to apply measures of
general application respecting any matter covered by this Agreement,]
and shall not have any substantial interest in the outcome of the
matter.]
[11.2.
Each Party shall ensure that, in any such tribunals or procedures, the
parties [to the proceeding] [in those procedures] are
provided with the right to:]
[
a)
a reasonable opportunity to support or defend their respective
positions; and]
[b)
a decision based on [the] evidence and [arguments
presented by the parties][submissions of record], or
where required by domestic law, the record compiled by the
administrative authority.]
[11.3.
Each Party shall ensure, subject to appeal or further review as provided
in its domestic law, that such decisions shall be implemented by [,
and shall govern the practice of,] the offices or authorities [with
respect to the administrative action at issue].]
[Article 12: Definitions]
[12.1. For the
purposes of this [Section][Chapter], “[an]
administrative ruling of general application’’[ shall mean][means]
an administrative ruling or interpretation that applies to all persons and
fact situations that fall generally within its ambit and that establishes
a norm of conduct but does not include:]
[
a) a
determination or ruling made in an administrative or quasi-judicial
proceeding that applies to a particular person, good or service of
another Party in a specific case; or]
[b)a ruling that
adjudicates with respect to a particular act or practice].
[TREATMENT OF THE DIFFERENCES IN THE
LEVELS OF DEVELOPMENT AND SIZE OF ECONOMIES]
[Article 13: Treatment of
Differences in the Levels of Development and Size of the Economies]
[13.1.
In the implementation of this Agreement, special and differential
treatment that takes into account levels of development and size of the
economies of the Parties shall be accorded. [Such treatment shall
be applied according to sectors, topics, countries or groups of countries.]
[Such treatment shall be determined on the basis of case by case
analysis (according to sectors, topics and country/countries).]
]
[13.2.
Without prejudice to the specific measures on special and differential
treatment in each Chapter of this Agreement, the Parties undertake to
support the Hemispheric Cooperation Program to ensure that effective
advantage is taken of the advantages derived therefrom.]
[COSTS OF IMPLEMENTING THE AGREEMENT]
[INSTITUTIONAL FRAMEWORK]
[Article 14: Political Body]
[14.1.
The Political Body of this Agreement, composed of the Ministers
Responsible for Trade of all of the Parties, is hereby established. It
shall be the supreme body in charge of steering the process at the
political level of this Agreement.],
[14.2. The Political
Body shall have the following functions:]
[
a)
ensure the fulfillment and enforcement of the provisions of the
Agreement;]
[b)
adopt decisions in accordance with the obligations established under
the Agreement;]
[c)
appoint the Chair and Vice Chair that shall conduct the meetings of
the Political Body and the Executive Body, as well as the respective
chairs and vice chairs of the technical bodies;]
[d)
periodically evaluate the implementation and the outcomes of the
Agreement;]
[e)
examine any subsequent reforms as may be necessary; and]
[f)
consider any other matter that may affect the operation of this
Agreement]
[14.3.
The Political Body may:]
[
a)
create technical bodies other than those established in accordance
with Annex ____01 to this article;]
[b)
modify, in pursuance [of the objectives] of this
Agreement:]
[i.
the time periods established in tariff elimination program(s),
in order to accelerate the process of tariff elimination;]
[ii.
the rules of origin established in ____ (Specific rules of
origin);]
[iii.
Annexes ____ to Chapter ____ (Investment);]
[iv.
Annexes ____ to Chapter ____ (Services); and]
[v.
the list of entities of a Party set out in Annex ____
(Entities), with the goal of incorporating one or more
entities into the scope of application of Chapter ____
(Government Procurement).]
[c)
request the advisory services of individuals or groups without
governmental association;]
[d)
draft rules and procedures for its functioning, as well as for the
functioning of the Executive Body; and]
[e)
draft and approve the regulations that are required for implementation
of this Agreement.]
[14.4. The changes
that are referred to in paragraph 19.3(b) shall be implemented by the
Parties in accordance with Annex _____01(4).]
[14.5.
The Political Body shall convene at least once every two years or whenever
deemed necessary, but not necessarily at the headquarters of the
Administrative Secretariat. All its decisions must be adopted by
consensus. ]
[Article 15: Executive Body]
[15.1.
The Executive Body, which will be made up of the Vice Ministers
Responsible for Trade of each Party or their representatives, is hereby
established.]
[15.2.
The Executive Body shall have the following functions:]
[
a) ensure the
fulfillment of [the principles, objectives, and commitments][and
application of the provisions] of this Agreement;]
[b)
draft and review the technical documents required by the Political Body
to make decisions;]
[c)
follow up with decisions taken by the Political Body;]
[d)
approve the rules of procedure for the functioning of the respective
technical bodies;]
[e)
supervise the work of the various technical bodies;]
[f)
act as a forum for negotiation on the issues covered by this Agreement
and any other issues that may arise;]
[g)
establish the rules and procedures for the functioning of the
Administrative Secretariat, including, among others, the appointment, --
powers, duties, conditions of service, and duration of the mandate of
the Administrative Secretary;]
[h)
decide on financial and managerial matters relating to this Agreement;]
[i)
review the financial reports prepared by the Administrative Secretary;]
[j)
present a written report on the administration of the budget at every
meeting of the Political Body, that includes proposed expenditure and
available resources, and that minimally covers the period leading up to
the following meeting;]
[k)
establish the remuneration that the members of the neutral group, their
assistants, and experts should receive and the expenses that should be
covered for them;]
[l)
consider any other matter referred to it by the Political Body that may
affect the operation of this Agreement;]
[m)
oversee the implementation of this Agreement and the work of the ad
hoc Technical Committees and of the Administrative Secretariat; and]
[n)
establish any necessary technical committees of an ad hoc nature,
subcommittees, working groups, or similar entities.]
[15.3. The Executive
Body shall convene as often as needed and no fewer than [once] [two times]
per year prior to the meeting of the Political Body.]
[Article 16: Technical Bodies]
[16.1.
The Technical Bodies shall be made up of representatives of all of the
Parties to the Agreement. They shall be made up of experts who meet at the
request of the Executive Body, to advise Vice Ministers and Ministers on
the implementation of the Chapters of this Agreement within their purview.
]
[16.2.
The Technical Bodies shall have the following functions:
]
[
a)submit their
respective rules of procedure to the Executive Body for its approval;]
[b)ensure the proper
operation of the Chapters of this Agreement within their purview;]
[c) consider any
matter referred to them by a Party that believes that an actual [or
proposed] measure by another Party affects the effective
implementation of any commitments set forth in the Chapters of this
Agreement that are within their purview;]
[d)
request technical reports from the competent authorities and take the
necessary actions for settling the matter;]
[e)
evaluating and recommend to the Executive Body proposals for modifying,
amending, or adding to the provisions of the Chapters of this Agreement
that fall within their purview; and]
[f)
carrying out such other tasks as referred by the Executive [and/or
Political] Body, pursuant to the provisions of this Agreement.]
[16.3.
The Technical Bodies shall meet as often as needed in order to fulfill
their responsibilities at the request of [any of the Parties or
] the Executive Body.]
[Article 17: Common Provisions for
the Executive Body and the Technical Bodies of the FTAA]
[Chairs
and Vice Chairs and Decision-Making]
[17.1.
Each meeting of the Political Body and Executive Body shall have a Chair
and a Vice Chair who shall be selected on a rotational basis from among
the various Parties at the end of each meeting of the Political Body. The
selection of the respective Chairs and Vice Chairs shall be made bearing
in mind the need to maintain a geographic balance among the Parties. The
appointed Chairs and Vice Chairs shall discharge their duties until the
following meeting of the Political Body. ]
[17.2.
[Decisions shall be made by consensus among the Parties]
within the Political Body, the Executive Body, and the Technical Bodies
[, including the Dispute Settlement Body].
]
[Meetings of exclusive
interest to two or more Parties]
[17.3
Notwithstanding the provisions of Articles_____01(1), ___02(1), and
___03(2), the Political Body, the Executive Body, and the Technical Bodies
may respectively convene and adopt decisions whenever representatives of
two or more Parties are in attendance to deal with matters that are of
exclusive interest to those Parties, such as the acceleration of the
tariff elimination process.]
[Article 18: [Administrative]
Secretariat]
[18.1.
The [Administrative] Secretariat is the operational and
logistical support body responsible for providing administrative [and
technical] services to the other FTAA institutions for implementation of
the Agreement.]
[18.2.
The [Administrative] Secretariat shall have its permanent
headquarters in ______________ and all meetings of [the Political
Body, the Executive Body, and] the Technical Bodies shall be held
there.]
[18.3.
The Political Body shall oversee the ]Administrative]
Secretariat.]
[18.4. The [Administrative]
Secretariat shall have the following functions:]
[
a) maintain and
update the official documentation of the FTAA negotiations and the
subsequent administration of the Agreement;]
[b) prepare the
financial reports, as well as any other documentation related to the
budget allocated for administering the FTAA Agreement, for the
consideration of the Executive Body;]
[c) notify
communications among the Parties;]
[d) provide
translation and simultaneous interpretation services during meetings of
the Political Body, the Executive Body, and the Technical Bodies;]
[e) publish and
distribute documents;]
[f) providing the
necessary administrative and logistical support for meetings of the
other FTAA institutions, as well as for meetings of the neutral panels
established in accordance with Chapter ____(Dispute Settlement); and
]
[g) consider any
other matter that is referred to it by the Executive Body;]
[h) maintain the web
page.]
[18.5.
The [Administrative Secretary] shall appoint Secretariat
staff and shall define their duties and conditions of service in
accordance with the rules and procedures adopted by the Executive Body.]
[18.6.
In the discharge of their duties, the [Administrative Secretary]
and Secretariat staff shall neither request nor accept instructions from
any government or any authority other than the Political Body and the
Executive Body and shall refrain from carrying out any activity that may
be incompatible with their duties.]
[Article 19: Provision of Technical
Support to FTAA Entities]
[Article 20: Technical Assistance To
Help Countries Implement the FTAA Agreement]
[Technical assistance
for training government officials involved in the implementation process.
]
[Institutional
assistance for setting up and maintaining the offices and equipment needed
to fulfill the obligations assumed under this Agreement.]
[Article 21: Financing]
[During the
implementation phase of the Agreement, contributions shall be made by the
thirty-four (34) countries of the Hemisphere.]
[Article 22: Dispute Settlement
Body]
[The
Dispute Settlement Body shall be made up of all the Parties to this
Agreement (the same members that sit on the Executive Body). It shall be
responsible for overseeing the full implementation of this Agreement’s
dispute settlement mechanism, which is made up of two bodies.]
- [Neutral Group or Panel
(First Instance).]
- [Appellate Body (Second
Instance).
[The TCI shall elaborate this text
based on the contributions received from the NGDS.]
[ANNEXES]
[Implementation of Changes Approved
by the Political Body]
[1.
The Parties shall implement the decisions of the Political Body referred
to in Article ___01(3)(b), in accordance with their national legislation.]
[2. In
the specific case of the following Parties, the following procedure shall
be applied: a) In the case of Costa Rica, the agreements reached by the
Parties shall be equivalent to the instrument referred to in the third
paragraph of Article 121.4 of the Political Constitution of the Republic
of Costa Rica].
[Remuneration and Payment of
Expenses]
[1.
The remuneration of the members of the neutral panel, their assistants and
experts, their travel and lodging expenses, and all of the general
expenses incurred by the neutral panels shall be covered by the FTAA
Administrative Secretariat.]
[2.
Every member of a neutral panel and every assistant and expert shall keep
a record and submit a final tally of their time and expenses, and the
neutral panel shall keep a similar record and submit a final bill to the
FTAA [Administrative] Secretariat documenting all of the
general expenses.]
[Technical Bodies]
[The
Technical Bodies or Committees shall be established in accordance with the
requirements that arise from the negotiations of the Free Trade Area of
the Americas]
[TEMPORARY AND FINAL PROVISIONS]
[Article 23: Annexes]
[The
Annexes to the FTAA Agreement are an integral part thereof.]
[Article 24: Reservations]
[No reservations or
unilateral interpretative statements may be made regarding any provision
of this Agreement.]
[Article 25: Amendments]
[25.1. The Parties may
agree upon any modification or amendment to this Agreement.]
[25.2. The practice of
adopting decisions by consensus shall be maintained in carrying out said
modifications or amendments.]
[25.3. When so agreed
and approved in accordance with each Party’s corresponding legal
procedures, the modifications and amendments shall constitute an integral
part of this Agreement.]
[Article 26: Authentic Texts]
[The Spanish, English,
French, and Portuguese texts of this Agreement are equally authentic.]
[Article 27: Withdrawal]
[27.1. Any Party may
denounce this Agreement and such denunciation shall take effect after a
period of XX from the date on which the Political Body receives written
notification thereof from the Party.]
[27.2. The Agreement
shall remain in force for the other Parties who have not denounced it.]
Article 28: Entry into force
[28.1. The Parties
shall seek to ensure that the FTAA Agreement enters into force on 1
January 2006.]
[28.2. All the
countries shall ensure that their laws, regulations, and administrative
procedures are consistent with the obligations under this Agreement].