| Index |
|
| Preamble |
|
|
| Part One |
General
Aspects |
 |
| Chapter
1 |
Initial Provisions |
|
|
Article 1.01 |
Establishment of
the Free Trade Area |
|
|
Article 1.02 |
Enforcement |
|
|
Article 1.03 |
Relation to
Other International Agreements |
|
|
Article 1.04 |
Successor
Agreement |
|
| |
|
|
| Chapter 2 |
General Definitions |
|
|
Article 2.01 |
Definitions of
General Application |
|
| |
Annex
2.01: Country
Specific Definitions |
|
| |
|
|
| Part Two |
Trade in Goods |
|
| Chapter
3 |
National
Treatment and Market Access for Goods |
|
| Section A |
Definitions and Scope of
Application |
|
|
Article 3.01 |
Definitions |
|
|
Article 3.02 |
Scope Of Application |
|
| Section B |
National Treatment |
|
|
Article 3.03 |
National
Treatment |
|
| Section C |
Tariffs |
|
|
Article 3.04 |
Tariff Reduction Schedule |
|
|
Article 3.05 |
Temporary Admission of Goods |
|
|
Article 3.06 |
Duty-Free Entry of Certain Commercial Samples of
Negligible Value or of Non-Commercial Value and Printed Advertising
Materials |
|
|
Article 3.07 |
Goods Re-Entered after Repair or Alteration |
|
|
Article 3.08 |
Customs Valuation |
|
| Section D |
Non-Tariff Measures |
|
|
Article 3.09 |
Domestic
Supports |
|
|
Article 3.10 |
Export Subsidies |
|
|
Article 3.11 |
Import and
Export Restrictions |
|
|
Article 3.12 |
Customs
Processing Fees and Consular Fees |
|
|
Article 3.13 |
Country of
Origin Marking |
|
|
Article 3.14 |
Export Taxes |
|
|
Article 3.15 |
Measures under
Intergovernmental Agreements |
|
|
Article 3.16 |
Committee on
Trade in Goods |
|
| |
Annex 3.04: Tariff Reduction
Schedule of the ROC |
|
| |
Annex 3.04: Tariff Reduction Schedule of
Panama |
|
| |
Annex
3.11(6): Import and
Export Restrictions |
|
| |
Annex 3.16: Committee on
Trade in Goods |
|
| |
|
|
| Chapter
4 |
Rules
of Origin |
|
|
Article 4.01 |
Definitions |
|
|
Article 4.02 |
Application
Instruments and Interpretation |
|
|
Article 4.03 |
Originating
Goods |
|
|
Article 4.04 |
Minimal
Operations or Processes |
|
|
Article 4.05 |
Indirect
Materials |
|
|
Article 4.06 |
Accumulation |
|
|
Article 4.07 |
Regional Value
Content |
|
|
Article 4.08 |
De Minimis |
|
|
Article 4.09 |
Fungible Goods |
|
|
Article 4.10 |
Sets or
Assortments of Goods |
|
|
Article 4.11 |
Accessories,
Spare Parts and Tools |
|
|
Article 4.12 |
Containers and
Packaging Materials for Retail Sale |
|
|
Article 4.13 |
Containers and
Packing Materials for Shipment |
|
|
Article 4.14 |
Transshipment |
|
| |
Annex 4.03:
Specific Rules of Origin |
|
| |
|
|
| Chapter 5 |
Customs
Procedures |
|
|
Article 5.01 |
Definitions |
|
|
Article 5.02 |
Certification
of Origin |
|
|
Article 5.03 |
Obligations
Regarding Importation |
|
|
Article 5.04 |
Obligations
Regarding Exportation |
|
|
Article 5.05 |
Records |
|
|
Article 5.06 |
Origin
Verification Procedure |
|
|
Article 5.07 |
Advance Rulings |
|
|
Article 5.08 |
Confidentiality |
|
|
Article 5.09 |
Recognition and
Acceptance of the Re-Exportation Certificate |
|
|
Article 5.10 |
Penalties |
|
|
Article 5.11 |
Review and
Appeal |
|
|
Article 5.12 |
Uniform
Regulations |
|
|
Article 5.13 |
Cooperation |
|
| |
|
|
| Chapter
6 |
Safeguard
Measures |
|
|
Article 6.01 |
Definitions |
|
|
Article 6.02 |
Bilateral
Safeguard Measures |
|
|
Article 6.03 |
Global
Safeguard Measures |
|
|
Article 6.04 |
Administration
of Safeguard Measure Proceedings |
|
|
Article 6.05 |
Dispute
Settlement in Safeguard Measure Matters |
|
| |
Annex
6.01: Investigating Authority |
|
| |
|
|
| Chapter
7 |
Unfair
Trade Practices |
|
|
Article 7.01 |
Scope and
Coverage |
|
|
Article 7.02 |
Obligation for
Completing an Investigation |
|
| |
|
|
| Part Three |
Technical Barriers to Trade |
|
| Chapter 8 |
Sanitary
and Phytosanitary Measures |
|
|
Article 8.01 |
Definitions |
|
|
Article 8.02 |
General
Provisions |
|
|
Article 8.03 |
Rights of the
Parties |
|
|
Article 8.04 |
Obligations of
the Parties |
|
|
Article 8.05 |
International
Standards and Harmonization |
|
|
Article 8.06 |
Equivalence |
|
|
Article 8.07 |
Assessment of
Risk and Determination of the Appropriate Level of Sanitary and Phytosanitary Protection |
|
|
Article 8.08 |
Recognition of
Pest- or Disease- Free Areas and Areas of Low Pest or Disease Prevalence |
|
|
Article 8.09 |
Control,
Inspection and Approval Procedures |
|
|
Article 8.10 |
Transparency |
|
|
Article 8.11 |
Committee on
Sanitary and Phytosanitary Measures |
|
|
Article 8.12 |
Technical
Cooperation |
|
| |
Annex
8.11: Committee on
Sanitary and Phytosanitary Measures |
|
| |
|
|
| Chapter
9 |
Measures
on Standards, Metrology and Authorization Procedures |
|
|
Article 9.01 |
Definitions |
|
|
Article 9.02 |
General
Provisions |
|
|
Article 9.03 |
Scope and
Coverage |
|
|
Article 9.04 |
Basic Rights
and Obligations |
|
|
Article 9.05 |
Assessment of
Risk |
|
|
Article 9.06 |
Compatibility
and Equivalence |
|
|
Article 9.07 |
Conformity
Assessment |
|
|
Article 9.08 |
Authorization
Procedures |
|
|
Article 9.09 |
Metrology |
|
|
Article 9.10 |
Notification |
|
|
Article 9.11 |
Information Centres |
|
|
Article 9.12 |
Committee on
Standards, Metrology and Authorization Procedures |
|
|
Article 9.13 |
Technical
Cooperation |
|
| |
Annex
9.11(2): Information Centres |
|
| |
Annex 9.12: Committee on Standards, Metrology and Authorization
Procedure |
|
| |
|
|
| Part
Four |
Investment, Services and Related Matters |
|
| Chapter
10 |
Investment |
|
| Section A |
Investment |
|
|
Article 10.01 |
Scope and
Coverage |
|
|
Article 10.02 |
National
Treatment |
|
|
Article 10.03 |
Most-Favored-Nation Treatment |
|
|
Article 10.04 |
Fair and
Equitable Treatment |
|
|
Article 10.05 |
Standard of
Treatment |
|
|
Article 10.06 |
Compensation
for Losses |
|
|
Article 10.07 |
Performance
Requirements |
|
|
Article 10.08 |
Senior
Management and Boards of Directors |
|
|
Article 10.09 |
Reservations and
Exceptions |
|
|
Article 10.10 |
Transfers |
|
|
Article 10.11 |
Expropriation
and Compensation |
|
|
Article 10.12 |
Special
Formalities and Information Requirements |
|
|
Article 10.13 |
Relation to
Other Chapters |
|
|
Article 10.14 |
Denial of
Benefits |
|
|
Article 10.15 |
Environmental
Measures |
|
| Section B |
Settlement of
Disputes between a Party and an Investor of the Other Party |
|
|
Article 10.16 |
Purpose |
|
|
Article 10.17 |
Claim by an
Investor of a Party on Its Own Behalf |
|
|
Article 10.18 |
Claim by an
Investor of a Party on Behalf of an Enterprise |
|
|
Article 10.19 |
Settlement of
a Claim through Consultation and Negotiation |
|
|
Article 10.20 |
Notice of
Intent to Submit a Claim to Arbitration |
|
|
Article 10.21 |
Submission of
a Claim to Arbitration |
|
|
Article 10.22 |
Conditions
Precedent to Submission of a Claim to Arbitration |
|
|
Article 10.23 |
Consent to
Arbitration |
|
|
Article 10.24 |
Number of
Arbitrators and Method of Appointment |
|
|
Article 10.25 |
Constitution
of a Tribunal When a Party Fails to Appoint an Arbitrator or the Disputing
Parties Are Unable to Agree on a Presiding Arbitrator |
|
|
Article10.26 |
Agreement to
Appointment of Arbitrators |
|
|
Article 10.27 |
Consolidation |
|
|
Article 10.28 |
Notice |
|
|
Article 10.29 |
Participation
by a Party |
|
|
Article 10.30 |
Documents |
|
|
Article 10.31 |
Venue of
Arbitration |
|
|
Article 10.32 |
Governing Law |
|
|
Article 10.33 |
Interpretation
of Annexes |
|
|
Article 10.34 |
Expert Reports |
|
|
Article 10.35 |
Interim
Measures of Protection |
|
|
Article 10.36 |
Final Award |
|
|
Article 10.37 |
Finality and
Enforcement of an Award |
|
|
Article 10.38 |
General
Provision |
|
| Section C |
Definitions |
|
|
Article 10.39 |
Definitions |
|
| |
Annex 10.38(2): Delivery
of Notifications and Other Documents |
|
| |
|
|
| Chapter
11 |
Cross
Border Trade in Services |
|
|
Article 11.01 |
Definitions |
|
|
Article 11.02 |
Scope and
Coverage |
|
|
Article 11.03 |
National
Treatment |
|
|
Article 11.04 |
Most-Favored-Nation Treatment |
|
|
Article 11.05 |
Standard of
Treatment |
|
|
Article 11.06 |
Local Presence |
|
|
Article 11.07 |
Permission,
Authorization, Licensing and Certification |
|
|
Article 11.08 |
Reservations |
|
|
Article 11.09 |
Quantitative
Restrictions |
|
|
Article 11.10 |
Denial of
Benefits |
|
|
Article 11.11 |
Future
Liberalization |
|
|
Article 11.12 |
Procedures |
|
|
Article 11.13 |
Disclosure of Confidential Information |
|
|
Article 11.14 |
Committee on
Investment and Cross-border Trade in Services |
|
| |
Annex 11.14: Committee on
Investment and Cross-border Trade in Services |
|
| |
|
|
| Chapter 12 |
Financial Services |
|
|
Article 12.01 |
Definitions |
|
|
Article 12.02 |
Scope and
Coverage |
|
|
Article 12.03 |
Self-regulatory Organizations |
|
|
Article 12.04 |
Right of
Establishment |
|
|
Article 12.05 |
Cross-border
Trade |
|
|
Article 12.06 |
National
Treatment |
|
|
Article 12.07 |
Most-Favored-Nation Treatment |
|
|
Article 12.08 |
Recognition
and Harmonization |
|
|
Article 12.09 |
Exceptions |
|
|
Article 12.10 |
Transparency |
|
|
Article 12.11 |
Committee on
Financial Services |
|
|
Article 12.12 |
Consultations |
|
|
Article 12.13 |
New Financial
Services and Data Processing |
|
|
Article 12.14 |
Senior
Management and Board of Directors |
|
|
Article 12.15 |
Reservations
and Specific Commitments |
|
|
Article 12.16 |
Denial of
Benefits |
|
|
Article 12.17 |
Transfers |
|
|
Article 12.18 |
Dispute
Settlement Between the Parties |
|
|
Article 12.19 |
Investment
Disputes Settlement in Financial Services Between an Investor of a Party and
the Other Party |
|
| |
Annex 12.11: Committee on
Financial Services |
|
| |
|
|
| Chapter 13 |
Telecommunications |
|
|
Article 13.01 |
Definitions |
|
|
Article
13.02 |
Scope and Coverage |
|
|
Article 13.03 |
Access to and Use of Public Telecommunications Transport Networks and Services |
|
|
Article 13.04 |
Conditions for the Provision of Enhanced or Value-added Services |
|
|
Article 13.05 |
Standards-Related Measures |
|
|
Article 13.06 |
Monopolies or
Anti-competition Practice |
|
|
Article 13.07 |
Transparency |
|
|
Article 13.08 |
Relation to
Other Chapters |
|
|
Article 13.09 |
Relation to
Other International Organizations and Agreements |
|
|
Article 13.10 |
Technical
Cooperation and Other Consultations |
|
| |
Annex 13.01(a): Conformity Assessment Procedure |
|
| |
Annex
13.01(b): Private Networks Interconnection (Private
Circuits) |
|
| |
|
|
| Chapter
14 |
Temporary Entrance of Business Persons |
|
|
Article 14.01 |
Definitions |
|
|
Article 14.02 |
General
Principles |
|
|
Article 14.03 |
General
Obligations |
|
|
Article 14.04 |
Grant of
Temporary Entry |
|
|
Article 14.05 |
Provision of Information |
|
|
Article 14.06 |
Dispute
Settlement |
|
|
Article 14.07 |
Relation to
Other Chapters |
|
| |
Annex 14.04: Temporary
Entry For Business Persons |
|
| |
Annex 14.04(1): Special Provision
Regarding Temporary Entry Of Business Persons |
|
| |
Appendix 14.04(A)(1):
Business Visitors |
|
| |
Appendix 14.04(A)(3):
Existing
Immigration Measures |
|
| |
|
|
| Part Five |
Competition Policy |
|
| Chapter
15 |
Competition
Policy, Monopolies, and State Enterprises |
|
| Section A |
Competition Policy |
|
|
Article 15.01 |
Objectives |
|
|
Article 15.02 |
Cooperation |
|
| Section B |
Monopolies and State
Enterprises |
|
|
Article 15.03 |
Monopolies and
State Enterprises |
|
| |
|
|
| Part Six |
Intellectual Property Rights |
|
| Chapter 16 |
Intellectual
Property |
|
| Section A |
General Provisions |
|
|
Article
16.01 |
General
Provisions |
|
| Section B |
Protection of the
Intellectual Property Rights |
|
|
Article
16.02 |
General Obligations |
|
|
Article 16.03 |
Exhaustion of
the Copyright and Related Rights |
|
|
Article 16.04 |
Protection of
Geographic Indications |
|
|
Article 16.05 |
Protection of
Traditional Knowledge |
|
|
Article 16.06 |
Protection of
Folklore |
|
|
Article 16.07 |
Relation
between Access to Genetic Resources and Intellectual Property |
|
|
Article 16.08 |
Plant breeders |
|
| Section C |
Enforcement |
|
|
Article 16.09 |
Applications |
|
|
Article 16.10 |
Enforcement of
Intellectual Property Rights |
|
|
Article 16.11 |
Enforcement of
Border Measures |
|
|
Article 16.12 |
Transparency |
|
|
Article 16.13 |
Committee on
Intellectual Property |
|
|
Article 16.14 |
Technical
Cooperation |
|
| |
Annex 16.13: Committee on
Intellectual Property |
|
| |
|
|
| Part Seven |
Administrative and Institutional Provisions |
|
| Chapter
17 |
Transparency |
|
|
Article
17.01 |
Definitions |
|
|
Article 17.02 |
Information
Centre |
|
|
Article 17.03 |
Publication |
|
|
Article 17.04 |
Provision of Information |
|
|
Article 17.05 |
Guarantees on
Hearing, Legality and Due Process |
|
|
Article 17.06 |
Administrative
Proceedings for Adopting Measures of General Applications |
|
|
Article 17.07 |
Review and
Appeal |
|
|
Article 17.08 |
Communications
and Notifications |
|
| |
|
|
| Chapter 18 |
Administration of the Agreement |
|
| Section A |
Commission, Sub-Commission
and Secretariat |
|
|
Article
18.01 |
Administrative
Commission of the Agreement |
|
|
Article 18.02 |
Administrative
Sub-commission of the Agreement |
|
|
Article 18.03 |
Secretariat |
|
| Section B |
Committees, Sub-Committees
and Expert Groups |
|
|
Article
18.04 |
General Provisions |
|
|
Article 18.05 |
Committees |
|
|
Article 18.06 |
Sub-committees |
|
|
Article 18.07 |
Expert Groups |
|
| |
Annex
18.01: Members of the Administrative Commission of the Agreement |
|
| |
Annex
18.02: Members of the Administrative Sub-Commission of the Agreement |
|
| |
Annex 18.03: Remuneration and
Payment of Expenses |
|
| |
Annex 18.04: Committee |
|
| |
|
|
| Chapter 19 |
Dispute Settlement |
|
| Section A |
Dispute Settlement |
|
|
Article
19.01 |
Definitions |
|
|
Article 19.02 |
General
Provisions |
|
|
Article 19.03 |
Scope of Application |
|
|
Article 19.04 |
Choice of Fora |
|
|
Article 19.05 |
Urgent Cases |
|
|
Article 19.06 |
Consultations |
|
|
Article 19.07 |
Commission
Intervention |
|
|
Article 19.08 |
Good Offices,
Conciliation and Mediation |
|
|
Article 19.09 |
Request for
the Establishment of an Arbitral Group |
|
|
Article 19.10 |
List of
Arbitrators |
|
|
Article 19.11 |
Qualifications of
the Arbitrators |
|
|
Article 19.12 |
Composition of
the Arbitral Group |
|
|
Article 19.13 |
Model Rules of
Procedure |
|
|
Article 19.14 |
Information
and Technical Advice |
|
|
Article 19.15 |
Preliminary
Report |
|
|
Article 19.16 |
Final Report |
|
|
Article 19.17 |
Implementation
of the Final Report |
|
|
Article 19.18 |
Suspension of
Benefits |
|
| Section B |
Domestic Proceedings and
Settlement of Private Commercial Disputes |
|
|
Article 19.19 |
Interpretation
of the Agreement Before Judicial and Administrative Proceedings |
|
|
Article 19.20 |
Private Rights |
|
|
Article 19.21 |
Alternative
Dispute Settlement Methods Between Individuals |
|
| |
Annex 19.03: Nullification and Impairment |
|
| |
|
|
| Chapter 20 |
Exceptions |
|
|
Article
20.01 |
Definitions |
|
|
Article 20.02 |
General
Exceptions |
|
|
Article 20.03 |
National
Security |
|
|
Article 20.04 |
Balance of
Payments |
|
|
Article 20.05 |
Disclosure of Information |
|
|
Article 20.06 |
Taxation |
|
| |
|
|
| Chapter 21 |
Final
Provisions |
|
|
Article
21.01 |
Modifications |
|
|
Article 21.02 |
Reservations |
|
|
Article 21.03 |
Validity |
|
|
Article 21.04 |
Annexes |
|
|
Article 21.05 |
Termination |
|
|
Article 21.06 |
Authentic
Texts |
|
| |
|
|
| Services List |
Annexes for Chapter 10 Investment, Chapter 11 Cross-Border Trade in Services, and Chapter 12 Financial Services |
|
| |
List of Panama |
|
| |
Annex I |
|
| |
Annex II |
|
| |
Annex III |
|
| |
Annex IV |
|
| |
Annex V |
|
| |
Annex VI: Section A |
|
| |
Annex VI: Section B |
|
| |
List of the ROC |
|
| |
Annex I |
|
| |
Annex II |
|
| |
Annex III |
|
| |
Annex IV |
|
| |
Annex VI: Section A |
|
| |
Annex VI: Section C |
|
| |
Explanatory Notes |
|
| |
|
|
|
Full Text of the Agreement |
|
Source:
Taiwan Bureau
of Foreign Trade, Ministry of Foreign Affairs |
|
| |
|
