The functions of the Joint Committee are to:. a) review the implementation and operation of this Agreement;. For the purposes of this Agreement, the classification of goods in trade between the countries of the Parties shall be in accordance with the Harmonized System.
Origin Criteria
For a product to be considered originating in accordance with paragraph 1 of this Article, the final manufacturing process is carried out in the territory of the exporting Contracting State. The value of non-originating materials is:. a) CIF value at the time of import of materials, parts or products; or b) the first ascertained price paid for materials, parts or products of unspecified origin in the territory of the Contracting State where the production takes place.
Direct Consignment
Where a good is subject to the criterion for change of tariff classification provided for in Article 23, paragraph 1, subparagraph (c), packages and packaging materials classified together with the packaged product shall not be taken into account in determining origin. When determining the origin of a good, packaging material and containers that are used exclusively for the transport of a good are not taken into account.
Indirect Materials
Where a good is subject to the value added criterion provided for in Article 23, paragraph 1, subparagraph (a) or (b), the value of the packages and packaging material for retail sale shall be taken into account in determining of the origin of that good. good, provided that the packages and packaging materials are considered as one whole with the item; The origin of identical or interchangeable materials, whether mixed or physically combined, used to manufacture a good may be determined in accordance with generally accepted accounting principles of inventory control or inventory management applied in the country of the exporting party .
Certificate of Origin
Definitions
Objectives
Scope and Coverage
Each Party shall ensure that all relevant information relating to its customs laws is readily accessible to the other Party. Either party may also provide other relevant information in relation to such customs matter of which it considers that the other party should be made aware.
Customs Clearance
At the request of a Party, the other Party shall endeavor to provide information regarding a specific customs matter raised by the other Party. The bilateral cooperation shall include capacity building such as training, technical assistance, exchange of experts and any other forms of cooperation, as mutually agreed by the Parties, for trade facilitation.
Mutual Assistance
The requested authority, at the request of the requesting authority, which has reason to believe that a customs offense has been committed in its territory, to communicate available information that may help to ensure the proper assessment of import or export duties and taxes:. a) in relation to the value of the goods for customs purposes: i) commercial invoices presented to the customs authority of the exporting or importing Party or copies of such invoices, whether or not certified by the customs authority, as the case may be; and. ii) a copy of the declaration of value made during the export or import of goods in the country of the exporting or importing party;. The customs authorities of the Parties shall exchange information, including best practices, on the use of information and communication technology in order to improve customs procedures.
Risk Management
The Subcommittee shall be co-chaired by officials of the customs authorities of the Parties. The Subcommittee may, by consensus, invite representatives of relevant entities other than the Parties with appropriate expertise relevant to the issues under discussion to participate in the meetings of the Subcommittee.
TRADE REMEDIES
Anti-Dumping
The affected Party proposing to apply a bilateral safeguard measure may be requested by the other Party to provide additional information as it deems necessary, and the affected Party will respond accordingly. Notwithstanding the duration of a bilateral safeguard measure in respect of the good, such bilateral safeguard measure shall end at the end of the transition period for that good.
Objectives
Upon the affected Party's termination of a bilateral safeguard measure on a particular good, the tariff rate for those goods will be the rate that would have been in effect under Article 14 but for the bilateral safeguard measure. All official communications and documentation exchanged between the Parties and to the Joint Committee regarding any bilateral safeguard measures must be in writing and in the English language.
Scope and Coverage
General Provisions
Such working group will consist of representatives of both parties, responsible for sanitary and phytosanitary measures. The proposals of the technical working group may form the basis for a Party to consider the request by the other Party for the recognition of a specific sanitary and phytosanitary measure as equivalent to the other Party's corresponding sanitary and phytosanitary requirements.
Dispute Settlement
If a Party declines a request by the other Party to establish such a working group, it shall, upon request, explain its reasons to the other Party.
Final Provision
The proposals of the technical working group may provide the basis for a Party to consider the request of the other Party for recognition of a specific sanitary and phytosanitary measure as equivalent to the corresponding sanitary and phytosanitary requirements of the other Party. implementation of the TBT Agreement and with a view to increasing mutual understanding of their respective systems and facilitating access to their respective markets. In determining the existence of an international standard or recommendation within the meaning of Articles 2 and 5 and Annex 3 of the TBT Agreement, each Party shall apply the principles set out in the decisions and recommendations adopted by the Committee, G/TBT/ 1/Rev.8, May 23, 2002, Section IX (“Decision of the Committee on Principles for the Development of International Standards, Guides and Recommendations relating to Articles 2, 5 and Annex 3 of the TBT Agreement”) issued by the World Trade Organization Committee on Technical Barriers to Trade or any successor document.
Focal Point
To this end, they shall encourage their competent authorities in the field of technical regulations, standards and conformity assessment procedures to cooperate in: The Parties shall use either national standards harmonized with international standards or international standards as a basis for cooperation in technical regulations, standards and conformity assessment procedures.
TRADE IN SERVICES
Scope and Coverage
Nothing in this Chapter shall prevent a Party from applying measures to regulate the entry of natural persons from the country of the other Party into, or their temporary stay in, the territory of its country, including those measures necessary to to protect the integrity of and ensure the orderly movement of natural persons across its borders, provided that such measures are not applied in such a way as to nullify the benefits accruing to the other Party under the provisions of this Chapter or be harmed.
Definitions
To prevent the possibility of third-country companies taking undue advantage of this Agreement, third-country companies registered in the country of another party, their offices, liaison offices, "shell companies" and "mail box companies" . and companies specifically established to provide certain services to their parent companies are not service providers of another party under this Agreement. Each Party shall accord to the other Party's services and service providers treatment no less favorable than that provided for in the terms, limitations and conditions agreed upon and specified in its Schedule of Specific Commitments in Annex 5.
National Treatment
A Party can meet the requirement in paragraph 1 of this Article by according to services and service providers of the other Party, either formally identical treatment or formally different treatment than it gives to its own similar services and service providers. Each Party shall give services and service providers of the other Party no less favorable treatment than it accords, in similar services, to services and service providers of any third State.
Domestic Regulation
If a Party has entered into an agreement on trade in services with a third country, or enters into such an agreement after the entry into force of this Agreement, with respect to sectors, sub-sectors or activities covered by its list of specific obligations in Annex 5, it shall request by the other Party, in accordance with the services and service providers of the other Party, consider treatment no less favorable than it accords to similar services and service providers from the third country in question. Each Party shall provide for appropriate procedures to verify the competence of professionals in the country of the other Party.
Mutual Recognition
Until disciplines have been incorporated in accordance with subsection 5 of this Article, a Party may not apply licensing and qualification requirements and technical standards that abrogate or impair its obligations under this Chapter in a manner that:. a) does not meet the criteria outlined in subsection (a), (b) or (c) of subsection 5 of this article; and. b) could not reasonably be expected by the party concerned at the time the obligations were assumed. When determining whether a party is in accordance with its obligations pursuant to subsection 6 of this article, international standards from relevant international organizations used by the party concerned must be taken into account.
Transparency
Each Party shall, at the request of the other Party, initiate consultations with a view to eliminating the practice referred to in paragraph 1 of this article. Any restriction adopted or maintained pursuant to subsection 1 of this article, or changes therein, must be notified to the other party immediately.
Denial of Benefits
For the purposes of the effective implementation and operation of this Chapter, the functions of the Subcommittee on Trade in Services (hereinafter referred to in this Article as the "Subcommittee") established in accordance with Article 9:. The subcommittee will hold its founding meeting no later than one year after this agreement enters into force.
INVESTMENT
Subsequent meetings will be held at such places and times as the parties mutually agree.
Scope of Application
Any change in the form in which assets are invested or reinvested will not affect their classification as investments. Note: Where an asset does not have the characteristics of an investment, that asset is not an investment, regardless of the form it may take.
National Treatment
Each Party shall encourage and create favorable conditions for investors of the other Party to invest in its country's territory and take all possible measures for the protection of investments, in accordance with the laws and regulations of its country and national policy. Investments of investors of either party shall at all times enjoy fair and equitable treatment and shall enjoy full protection and security in the territory of the country of the other Party.
Reservations
Each Party shall grant to investors of the other Party and their investments treatment no less favorable than that accorded in similar circumstances to investors of a third country and their investments in connection with investment activities. Notwithstanding the provisions of Articles 89 and 90, each Party may prescribe special formalities in relation to the investment activities of investors of the other Party in the territory of its country, such as the fulfillment of registration requirements, provided that such special formalities do not prejudice the content of the Agreement. rights from this chapter.
Expropriation
Each Party shall endeavor to reduce or eliminate, where appropriate, the reservations specified in Annex 7. b) measures affecting investments adopted or maintained pursuant to Chapter 8 to the extent that they relate to the provision of any specific service through commercial presence. This Article does not apply to the issuance of compulsory licenses granted in respect of intellectual property rights in accordance with the Agreement on Trade-Related Aspects of Intellectual Property Rights in Annex 1A to the WTO Agreement (hereinafter referred to as "TRIPS") .
Protection from Strife
The parties undertake to admit the transfers referred to in subsection 1 of this Article, a treatment as favorable as that accorded to transfers arising from investments made by investors from any third country. Nothing in this Chapter shall be deemed to alter the rights and obligations assumed by a Party as a Party to the Statutes of the International Monetary Fund, as they may be amended.
Subrogation
The final report of the arbitral tribunal shall become a public document within 10 days of its transmission to the parties. The final report of the arbitral tribunal is final and binding on the parties.
GENERAL EXCEPTIONS
The expenses of the chairman of the arbitral tribunal and other expenses related to the conduct of his proceedings shall be borne in equal parts by both parties. In the event of any inconsistency between this Agreement and any such agreement on tax measures, that agreement shall prevail to the extent of the inconsistency.
FINAL PROVISIONS
For the purposes of this Agreement, "fiscal measures" means any measure that imposes direct or indirect taxes, including excise duties and sales tax, as defined in the national laws and regulations of the Contracting States, as long as such taxes are not used for the purpose of protecting the domestic industry of the Contracting State , which charges duties. Amendments do not affect the rights and obligations of the parties set out in this Agreement until the amendments enter into force.
