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Dominican Republic - Central America - United States Free Trade Agreement * |
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| INDEX | ||||
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Dominican Republic - Central America - United States Free Trade Agreement * |
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| INDEX | ||||
| Preamble | |
| CHAPTER ONE | INITIAL PROVISIONS |
| Article 1.1 | Establishment of a Free Trade Area |
| Article 1.2 | Objectives |
| Article 1.3 | Relation to Other Agreements |
| Article 1.4 | Extent of Obligations |
| CHAPTER TWO | GENERAL DEFINITIONS |
| Article 2.1 | Definitions of General Application |
| Annex 2.1 | County-Specific Definitions |
| CHAPTER THREE | NATIONALTREATMENT AND MARKET ACCESS FOR GOODS |
| Article 3.1 | Scope and Coverage |
| SECTION A | NATIONAL TREATMENT |
| Article 3.2 | National Treatment |
| SECTION B | TARIFF ELIMINATION |
| Article 3.3 | Tariff Elimination |
| SECTION C | SPECIAL REGIMES |
| Article 3.4 | Waiver of Customs Duties |
| Article 3.5 | Temporary Admission of Goods |
| Article 3.6 | Goods Re-entered after Repair or Alteration |
| Article 3.7 | Duty-Free Entry of Commercial Samples of Negligible Value and Printed Advertising Materials |
| SECTION D | NON-TARIFF MEASURES |
| Article 3.8 | Import and Export Restrictions |
| Article 3.9 | Import Licensing |
| Article 3.10 | Administrative Fees and Formalities |
| Article 3.11 | Export Taxes |
| SECTION E | OTHER MEASURES |
| Article 3.12 | Distinctive Products |
| SECTION F | AGRICULTURE |
| Article 3.13 | Administration and Implementation of Tariff-Rate Quotas |
| Article 3.14 | Agricultural Export Subsidies |
| Article 3.15 | Agricultural Safeguard Measures |
| Article 3.16 | Sugar Compensation Mechanism |
| Article 3.17 | Consultations on Trade in Chicken |
| Article 3.18 | Agriculture Review Commission |
| Article 3.19 | Committee on Agricultural Trade |
| SECTION G | TEXTILES AND APPAREL |
| Article 3.20 | Refund of Customs Duties |
| Article 3.21 | Duty-Free Treatment for Certain Goods |
| Article 3.22 | Elimination of Existing Quantitative Restrictions |
| Article 3.23 | Textile Safeguard Measures |
| Article 3.24 | Customs Cooperation |
| Article 3.25 | Rules of Origin and Related Matters |
| Article 3.26 | Most-Favored-Nation Rates of Duty on Certain Goods |
| Article 3.27 | Preferential Tariff Treatment for Wool Apparel Goods Assembled in Costa Rica |
| Article 3.28 | Preferential Tariff Treatment for Non-Originating Apparel Goods of Nicaragua |
| Article 3.29 | Definitions |
| SECTION H | INSTITUTIONAL PROVISIONS |
| Article 3.30 | Committee on Trade in Goods |
| SECTION I | DEFINITIONS |
| Article 3.31 | Definitions |
| Annex 3.2 | National Treatment and Import and Export Restrictions |
| SECTION A | MEASURES OF COSTA RICA |
| SECTION B | MEASURES OF THE DOMINICAN REPUBLIC |
| SECTION C | MEASURES OF EL SALVADOR |
| SECTION D | MEASURES OF GUATEMALA |
| SECTION E | MEASURES OF HONDURAS |
| SECTION F | MEASURES OF NICARAGUA |
| SECTION G | MEASURES OF THE UNITED STATES |
| Annex 3.3 | Tariff Elimination |
| Annex 3.3.4 | Implementation of Modifications Approved by the Parties to Accelerate the Elimination of Customs Duties |
| Annex 3.3.6 | |
| Appendix 3.3.6.4 | Exceptions from Preferential Tariff Treatment |
| Annex 3.11 | Export Taxes |
| Annex 3.15 | Agricultural Safeguard Measures |
| Annex 3.22 | Elimination of Existing Quantitative Restrictions |
| Annex 3.25 | Short Supply List |
| Annex 3.27 | Preferential Tariff Treatment for Wool Apparel Goods Assembled in Costa Rica |
| Annex 3.28 | Preferential Tariff Treatment for Non-Originating Apparel Goods of Nicaragua |
| Annex 3.29 | Textile or Apparel Goods Not Covered by Section G |
| CHAPTER FOUR | RULES OF ORIGIN AND ORIGIN PROCEDURES |
| SECTION A | RULES OF ORIGIN |
| Article 4.1 | Originating Goods |
| Article 4.2 | Regional Value Content |
| Article 4.3 | Value of Materials |
| Article 4.4 | Further Adjustments to the Value of Materials |
| Article 4.5 | Accumulation |
| Article 4.6 | De Minimis |
| Article 4.7 | Fungible Goods and Materials |
| Article 4.8 | Accessories, Spare Parts, and Tools |
| Article 4.9 | Packaging Materials and Containers for Retail Sale |
| Article 4.10 | Packing Materials and Containers for Shipment |
| Article 4.11 | Indirect Materials Used in Production |
| Article 4.12 | Transit and Transshipment |
| Article 4.13 | Sets of Goods |
| Article 4.14 | Consultation and Modifications |
| SECTION B | ORIGIN PROCEDURES |
| Article 4.15 | Obligations Relating to Importations |
| Article 4.16 | Claims of Origin |
| Article 4.17 | Exceptions |
| Article 4.18 | Obligations Relating to Exportations |
| Article 4.19 | Record Keeping Requirements |
| Article 4.20 | Verification |
| Article 4.21 | Common Guidelines |
| Article 4.22 | Definitions |
| Annex 4.6 | Exceptions to Article 4.6 |
| CHAPTER FIVE | CUSTOMS ADMINISTRATION AND TRADE FACILITATION |
| Article 5.1 | Publication |
| Article 5.2 | Release of Goods |
| Article 5.3 | Automation |
| Article 5.4 | Risk Management |
| Article 5.5 | Cooperation |
| Article 5.6 | Confidentiality |
| Article 5.7 | Express Shipments |
| Article 5.8 | Review and Appeal |
| Article 5.9 | Penalties |
| Article 5.10 | Advance Rulings |
| Article 5.11 | Implementation |
| Article 5.12 | Capacity Building |
| CHAPTER SIX | SANITARY AND PHYTOSANITARY MEASURES |
| Article 6.1 | Affirmation of the SPS Agreement |
| Article 6.2 | Scope and Coverage |
| Article 6.3 | Committee on Sanitary and Phytosanitary Matters |
| Annex 6.3 | Committee on Sanitary and Phytosanitary Matters |
| CHAPTER SEVEN | TECHNICAL BARRIERS TO TRADE |
| Article 7.1 | Affirmation of the TBT Agreement |
| Article 7.2 | Scope and Coverage |
| Article 7.3 | International Standards |
| Article 7.4 | Trade Facilitation |
| Article 7.5 | Conformity Assessment |
| Article 7.6 | Technical Regulations |
| Article 7.7 | Transparency |
| Article 7.8 | Committee on Technical Barriers to Trade |
| Article 7.9 | Information Exchange |
| Article 7.10 | Definitions |
| Annex 7.8 | Committee on Technical Barriers to Trade |
| CHAPTER EIGHT | TRADE REMEDIES |
| SECTION A | SAFEGUARDS |
| Article 8.1 | Imposition of a Safeguard Measure |
| Article 8.2 | Standards for a Safeguard Measure |
| Article 8.3 | Administration of Safeguard Proceedings |
| Article 8.4 | Notification and Consultation |
| Article 8.5 | Compensation |
| Article 8.6 | Global Actions |
| Article 8.7 | Definitions |
| SECTION B | ANTIDUMPING AND COUNTERVAILING DUTIES |
| Article 8.8 | Antidumping and Countervailing Duties |
| Annex 8.3 | Administration of Safeguard Proceedings |
| Annex 8.7 | Country-Specific Definitions |
| CHAPTER NINE | GOVERNMENT PROCUREMENT |
| Article 9.1 | Scope and Coverage |
| Article 9.2 | General Principles |
| Article 9.3 | Publication of Procurement Measures |
| Article 9.4 | Publication of Notice of Intended Procurement |
| Article 9.5 | Time Limits for the Tendering Process |
| Article 9.6 | Tender Documentation |
| Article 9.7 | Technical Specifications |
| Article 9.8 | Requirements and Conditions for Participating in Procurement |
| Article 9.9 | Tendering Procedures |
| Article 9.10 | Awarding of Contracts |
| Article 9.11 | Information on Contract Awards |
| Article 9.12 | Non-Disclosure of Information |
| Article 9.13 | Ensuring Integrity in Procurement Practices |
| Article 9.14 | Exceptions |
| Article 9.15 | Domestic Review of Supplier Challenges |
| Article 9.16 | Modifications and Rectifications to Coverage |
| Article 9.17 | Definitions |
| Annex 9.1.2(b)(i) | |
| Annex 9.1.2(b)(ii) | |
| Annex 9.1.2(b)(iii) | |
| CHAPTER TEN | INVESTMENT |
| SECTION A | INVESTMENT |
| Article 10.1 | Scope and Coverage |
| Article 10.2 | Relation to Other Chapters |
| Article 10.3 | National Treatment |
| Article 10.4 | Most-Favored-Nation Treatment |
| Article 10.5 | Minimum Standard of Treatment |
| Article 10.6 | Treatment in Case of Strife |
| Article 10.7 | Expropriation and Compensation |
| Article 10.8 | Transfers |
| Article 10.9 | Performance Requirements |
| Article 10.10 | Senior Management and Boards of Directors |
| Article 10.11 | Investment and Environment |
| Article 10.12 | Denial of Benefits |
| Article 10.13 | Non-Conforming Measures |
| Article 10.14 | Special Formalities and Information Requirements |
| SECTION B | INVESTOR-STATE DISPUTE SETTLEMENT |
| Article 10.15 | Consultation and Negotiation |
| Article 10.16 | Submission of a Claim to Arbitration |
| Article 10.17 | Consent of Each Party to Arbitration |
| Article 10.18 | Conditions and Limitations on Consent of Each Party |
| Article 10.19 | Selection of Arbitrators |
| Article 10.20 | Conduct of the Arbitration |
| Article 10.21 | Transparency of Arbitral Proceedings |
| Article 10.22 | Governing Law |
| Article 10.23 | Interpretation of Annexes |
| Article 10.24 | Expert Reports |
| Article 10.25 | Consolidation |
| Article 10.26 | Awards |
| Article 10.27 | Service of Documents |
| SECTION C | DEFINITIONS |
| Article 10.28 | Definitions |
| Annex 10-A | Public Debt |
| Annex 10-B | Customary International Law |
| Annex 10-C | Expropriation |
| Annex 10-D | Treatment in Case of Strife |
| Annex 10-E | Submission of a Claim to Arbitration |
| Annex 10-F | Appellate Body or Similar Mechanism |
| Annex 10-G | Service of Documents on a Party Under Section B - Costa Rica |
| CHAPTER ELEVEN | CROSS-BORDER TRADE IN SERVICES |
| Article 11.1 | Scope and Coverage |
| Article 11.2 | National Treatment |
| Article 11.3 | Most-Favored-Nation Treatment |
| Article 11.4 | Market Access |
| Article 11.5 | Local Presence |
| Article 11.6 | Non-conforming Measures |
| Article 11.7 | Transparency in Developing and Applying Regulations |
| Article 11.8 | Domestic Regulation |
| Article 11.9 | Mutual Recognition |
| Article 11.10 | Transfers and Payments |
| Article 11.11 | Implementation |
| Article 11.12 | Denial of Benefits |
| Article 11.13 | Specific Commitments |
| Article 11.14 | Definitions |
| Annex 11.9 | Professional Services |
| Annex 11.13 | Specific Commitments |
| SECTION A | COSTA RICA |
| SECTION B | THE DOMINICAN REPUBLIC |
| SECTION C | EL SALVADOR |
| SECTION D | GUATEMALA |
| SECTION E | HONDURAS |
| CHAPTER TWELVE | FINANCIAL SERVICES |
| Article 12.1 | Scope and Coverage |
| Article 12.2 | National Treatment |
| Article 12.3 | Most-Favored-Nation Treatment |
| Article 12.4 | Market Access for Financial Institutions |
| Article 12.5 | Cross-Border Trade |
| Article 12.6 | New Financial Services |
| Article 12.7 | Treatment of Certain Information |
| Article 12.8 | Senior Management and Boards of Directors |
| Article 12.9 | Non-Conforming Measures |
| Article 12.10 | Exceptions |
| Article 12.11 | Transparency |
| Article 12.12 | Self-Regulatory Organizations |
| Article 12.13 | Payment and Clearing Systems |
| Article 12.14 | Domestic Regulation |
| Article 12.15 | Expedited Availability of Insurance Services |
| Article 12.16 | Financial Services Committee |
| Article 12.17 | Consultations |
| Article 12.18 | Dispute Settlement |
| Article 12.19 | Investment Disputes in Financial Services |
| Article 12.20 | Definitions |
| Annex 12.5.1 | Cross-Border Trade |
| SECTION A | COSTA RICA |
| SECTION B | THE DOMINICAN REPUBLIC |
| SECTION C | EL SALVADOR |
| SECTION D | GUATEMALA |
| SECTION E | HONDURAS |
| SECTION F | NICARAGUA |
| SECTION G | UNITED STATES |
| Annex 12.9.2 | Specific Commitments |
| SECTION A | COSTA RICA |
| SECTION B | THE DOMINICAN REPUBLIC |
| SECTION C | EL SALVADOR |
| SECTION D | GUATEMALA |
| SECTION E | HONDURAS |
| SECTION F | NICARAGUA |
| SECTION G | UNITED STATES |
| SECTION H | SPECIFIC COMMITMENTS OF COSTA RICA ON INSURANCE SERVICES |
| Annex 12.9.3 | Additional Information Regarding Financial Services Measures |
| SECTION A | COSTA RICA |
| SECTION B | THE DOMINICAN REPUBLIC |
| SECTION C | EL SALVADOR |
| SECTION D | HONDURAS |
| SECTION E | NICARAGUA |
| Annex 12.16.1 | Financial Services Committee |
| CHAPTER THIRTEEN | TELECOMMUNICATIONS |
| Article 13.1 | Scope and Coverage |
| Article 13.2 | Access to and Use of Public Telecommunications Services |
| Article 13.3 | Obligations Relating to Suppliers of Public Telecommunications Services |
| Article 13.4 | Additional Obligations Relating to Major Suppliers of Public Telecommunications Services |
| Article 13.5 | Submarine Cable Systems |
| Article 13.6 | Conditions for the Supply of Information Services |
| Article 13.7 | Independent Regulatory Bodies and Government-Owned Telecommunications Suppliers |
| Article 13.8 | Universal Services |
| Article 13.9 | Licenses and Other Authorizations |
| Article 13.10 | Allocation and Use of Scarce Resources |
| Article 13.11 | Enforcement |
| Article 13.12 | Resolution of Domestic Telecommunications Disputes |
| Article 13.13 | Transparency |
| Article 13.14 | Flexibility in the Choice of Technologies |
| Article 13.15 | Forbearance |
| Article 13.16 | Relationship to Other Chapters |
| Article 13.17 | Definitions |
| Annex 13 | Specific Commitments of Costa Rica on Telecommunications Services |
| Annex 13.3 | Rural Telephone Suppliers |
| Annex 13.4.5 | Interconnection |
| Annex 13.4.8 | Access to Rights-of-Way |
| CHAPTER FOURTEEN | ELECTRONIC COMMERCE |
| Article 14.1 | General |
| Article 14.2 | Electronic Supply of Services |
| Article 14.3 | Digital Products |
| Article 14.4 | Transparency |
| Article 14.5 | Cooperation |
| Article 14.6 | Definitions |
| CHAPTER FIFTEEN | INTELLECTUAL PROPERTY RIGHTS |
| Article 15.1 | General Provisions |
| Article 15.2 | Trademarks |
| Article 15.3 | Geographical Indications |
| Article 15.4 | Domain Names on the Internet |
| Article 15.5 | Obligations Pertaining to Copyright and Related Rights |
| Article 15.6 | Obligations Pertaining Specifically to Copyright |
| Article 15.7 | Obligations Pertaining Specifically to Related Rights |
| Article 15.8 | Protection of Encrypted Program-Carrying Satellite Signals |
| Article 15.9 | Patents |
| Article 15.10 | Measures Related to Certain Regulated Products |
| Article 15.11 | Enforcement of Intellectual Property Rights |
| Article 15.12 | Final Provisions |
| Annex 15.11 | Procedures and Remedies Concerning Broadcast or Cable Transmissions or Retransmissions in the Dominican Republic |
| CHAPTER SIXTEEN | LABOR |
| Article 16.1 | Statement of Shared Commitment |
| Article 16.2 | Enforcement of Labor Laws |
| Article 16.3 | Procedural Guarantees and Public Awareness |
| Article 16.4 | Institutional Arrangement |
| Article 16.5 | Labor Cooperation and Capacity Building Mechanism |
| Article 16.6 | Cooperative Labor Consultations |
| Article 16.7 | Labor Roster |
| Article 16.8 | Definitions |
| Annex 16.5 | Labor Cooperation and Capacity Building Mechanism |
| CHAPTER SEVENTEEN | ENVIRONMENT |
| Article 17.1 | Levels of Protection |
| Article 17.2 | Enforcement of Environmental Laws |
| Article 17.3 | Procedural Matters |
| Article 17.4 | Voluntary Mechanisms to Enhance Environmental Performance |
| Article 17.5 | Environmental Affairs Council |
| Article 17.6 | Opportunities for Public Participation |
| Article 17.7 | Submissions on Enforcement Matters |
| Article 17.8 | Factual Records and Related Cooperation |
| Article 17.9 | Environmental Cooperation |
| Article 17.10 | Collaborative Environmental Consultations |
| Article 17.11 | Environmental Roster |
| Article 17.12 | Relationship to Environmental Agreements |
| Article 17.13 | Definitions |
| Annex 17.9 | Environmental Cooperation |
| CHAPTER EIGHTEEN | TRANSPARENCY |
| SECTION A | TRANSPARENCY |
| Article 18.1 | Contact Points |
| Article 18.2 | Publication |
| Article 18.3 | Notification and Provision of Information |
| Article 18.4 | Administrative Proceedings |
| Article 18.5 | Review and Appeal |
| Article 18.6 | Definitions |
| SECTION B | ANTI-CORRUPTION |
| Article 18.7 | Statement of Principle |
| Article 18.8 | Anti-Corruption Measures |
| Article 18.9 | Cooperation in International Fora |
| Article 18.10 | Definitions |
| CHAPTER NINETEEN | ADMINISTRATION OF THE AGREEMENT AND TRADE CAPACITY BUILDING |
| SECTION A | ADMINISTRATION OF THE AGREEMENT |
| Article 19.1 | The Free Trade Commission |
| Article 19.2 | Free Trade Agreement Coordinators |
| Article 19.3 | Administration of Dispute Settlement Proceedings |
| SECTION B | TRADE CAPACITY BUILDING |
| Article 19.4 | Committee on Trade Capacity Building |
| Annex 19.1 | The Free Trade Commission |
| Annex 19.1.4 | Implementation of Modifications Approved by the Commission |
| Annex 19.2 | Free Trade Agreement Coordinators |
| Annex 19.3 | Remuneration and Payment of Expenses |
| CHAPTER TWENTY | DISPUTE SETTLEMENT |
| SECTION A | DISPUTE SETTLEMENT |
| Article 20.1 | Cooperation |
| Article 20.2 | Scope of Application |
| Article 20.3 | Choice of Forum |
| Article 20.4 | Consultations |
| Article 20.5 | Commission – Good Offices, Conciliation, and Mediation |
| Article 20.6 | Request for an Arbitral Panel |
| Article 20.7 | Roster |
| Article 20.8 | Qualifications of Panelists |
| Article 20.9 | Panel Selection |
| Article 20.10 | Rules of Procedure |
| Article 20.11 | Third Party Participation |
| Article 20.12 | Role of Experts |
| Article 20.13 | Initial Report |
| Article 20.14 | Final Report |
| Article 20.15 | Implementation of Final Report |
| Article 20.16 | Non-Implementation − Suspension of Benefits |
| Article 20.17 | Non-Implementation In Certain Disputes |
| Article 20.18 | Compliance Review |
| Article 20.19 | Five-Year Review |
| SECTION B | DOMESTIC PROCEEDINGS AND PRIVATE COMMERCIAL DISPUTE SETTLEMENT |
| Article 20.20 | Referral of Matters from Judicial or Administrative Proceedings |
| Article 20.21 | Private Rights |
| Article 20.22 | Alternative Dispute Resolution |
| Annex 20.2 | Nullification or Impairment |
| Annex 20.17 | Inflation Adjustment Formula for Monetary Assessments |
| CHAPTER TWENTY-ONE | EXCEPTIONS |
| Article 21.1 | General Exceptions |
| Article 21.2 | Essential Security |
| Article 21.3 | Taxation |
| Article 21.4 | Balance of Payments Measures on Trade in Goods |
| Article 21.5 | Disclosure of Information |
| Article 21.6 | Definitions |
| Annex 21.3 |
