[CHAPTER] ON TARIFFS AND NON-TARIFF MEASURES
SECTION ONE. GENERAL PROVISIONS
Article 1. Scope of application.
Article 2. National Treatment.
[Article 3. Relationship with trade agreements.]
SECTION TWO. [CUSTOMS]TARIFFS
Article 4. Tariff Elimination Program
Article 5. Provisions on special regimes
[Article 6.[Duty-free entry of certain] Commercial samples [of negligible value][and printed advertising materials]] [Duty-free entry of commercial
samples of insignificant value or no commercial value and of printed advertising
materials]
Article 7. Customs valuation
SECTION THREE. NON-TARIFF [MEASURES] [RESTRICTIONS]
Article 8. Import and export restrictions and [licenses][ prohibitions]
[Article 9. Remanufactured goods]
Article 10. [Other administrative procedures][Administrative fees and
formalities][Other Charges that affect reciprocal trade]
Article 11. Export taxes
Article 12. Other [restrictive] export measures
[Article 13. Dealer protection laws]
SECTION FOUR. OTHER MEASURES
[Article 14. Distinctive products]
SECTION FIVE. INSTITUTIONAL PROVISIONS
[Article 15. Committee on Trade in Goods]
[Article 16. Publication and Notification]
[Article 17. Definitions]
[[CHAPTER] ON SAFEGUARD MEASURES]
[PART I. FTAA SAFEGUARDS]
Article 1. Scope of Application
Article 2. Conditions for Application
Article 3. Nature of the Measures
Article 4. Period of Application of the Measures
[PART II. GLOBAL SAFEGUARDS]
[PART III. PROCEDURES AND COMMON PROVISIONS]
[Article 5. Investigation Procedures and Transparency Requirements]
[Article 6. Notification and Consultations]
[Article 7. Provisional Safeguards]
Article 8. Rights of the Affected Parties
[Article 9. Safeguards for Specific Sectors]
[Article X. Review of Actions under this Part]
[PART II: GLOBAL SAFEGUARDS]
[Article 10. Global Safeguards]
[Article 11. Dispute Settlement for matters related to safeguard measures]
Article 12. Definitions
[CHAPTER] ON ORIGIN REGIME
[Basic Principle]
1) ORIGINATING GOODS
1.1) Goods wholly obtained or produced entirely in the territory of one [or
more] of the Parties
1.2) Goods produced in the territory of one or more Parties exclusively from
materials originating in the territory of one [or more] of the Parties.
1.3) [Goods produced in the territory of one or more Parties from originating
and non-originating materials or exclusively from non-originating materials]
1.4) [Regional value content]
[1.5) Value of the materials]
1.6) [Specific transformations]
[2) SPECIFIC REQUIREMENTS OF ORIGIN]
[2.1 Determination and revision.]
[2.2 Cases of non-compliance for justified reasons.]
3) TREATMENT OF ACCUMULATION
4) QUALIFICATION OF SPECIFIC TYPES OF GOODS AND MATERIALS
4.1) “De Minimis”
[4.2) Fungible materials and goods]
4.3) Sets [and][or] assortments.
4.4) Accessories, spare parts and tools.
4.5) Packaging materials and containers for retail sale.
4.6) [Packaging] [Packing], materials and containers for shipment.
4.7) Indirect materials used in production
4.8) Intermediate materials used in production.
5 ) OPERATIONS THAT DO NOT CONFER ORIGIN
6) DIRECT SHIPMENT, TRANSIT AND TRANSSHIPMENT
[7) INVOICING CARRIED OUT BY THIRD PARTIES]
[8) DIFFERENTIAL TREATMENT]
[9) GENERAL PROVISIONS]
[9.1) Application]
[9.2) Interpretation]
[10. DEFINITIONS]
[11) CONSULTATION AND MODIFICATIONS]
[ANNEX TO ARTICLE 1.3
SPECIFIC RULES OF ORIGIN
(to be defined)]
[CHAPTER] ON CUSTOMS PROCEDURES
SECTION A. GENERAL PRINCIPLES [AND OBLIGATIONS]
Article 1.
Article 2. Transparency and dissemination
[Article 3. Facilitation and Simplification [of Customs Procedures]]
[Article 4. Effectiveness and Efficiency]
Article 5. Automation
[Article 6. Cooperation]
Article 7. Integrity
[Article 8. Combating fraud and other illicit customs-related activities]
[Article 9. Administration]
[B. OTHER CUSTOMS PROCEDURES RELATED TO THE ENTRY OF GOODS]
[Article 10. Advance Rulings]
[Article 11. Review and appeal]
[Article 12. Confidentiality]
[Article 13. Penalties]
[Article 14. [Release][Clearance] and security]
[Article 15. Harmonized System]
[Article 16. Risk analysis/targeting methodology]
[Article 17. Preshipment inspection]
[SECTION B. OTHER CUSTOMS PROCEDURES RELATED TO THE ENTRY OF GOODS]
[Article 18. Temporary
[admission][importation] of goods]
Article 19. Reimportation of goods
[Article 20. [Importation of][Duty-free [entry] of certain] commercial
samples and printed advertising materials]
[Article 21. Express shipments][Express shipments clearance]
[Article 22. Low value shipment transactions]
[Article 23. Clearance for domestic use]
[Article 24. Definitions]
[CHAPTER] ON [CUSTOMS] PROCEDURES RELATED TO RULES OF ORIGIN
1. DECLARATION AND CERTIFICATION
[1.1 Certification]
1.2 [Issuance of the Certificate of origin][[Declaration][Certification] of
Origin]
1.3 Formats of the [certificate][certification] of origin [and of the
producer’s [representation][declaration] of origin]
[1.4 Issuance of the certificate of origin by certifying entities]
[1.5 Subsequent issuance of the [certificate][certification] of origin]
[1.6 Issuance of duplicate [certificate][certification] of origin]
1.7 Exceptions
[1.8 Certificate of provenance]
[1.9 Obligations of certifying entities]
1.10 Obligations relating to importations
1.11 Obligations relating to exportations
1.12 Record keeping requirements
2. ADMINISTRATION OF THE RULES OF ORIGIN
[2.1 Competent authorities]
[2.2 Uniform and consistent interpretation and application]
[2.3 Incorporation of modifications]
[2.4 Advance rulings]
2.5 Review and [appeal]
[2.6 Regulations]
3. VERIFICATION [AND CONTROL] OF ORIGIN
3.1 Procedures for verifying origin
3.2 Confidentiality
3.3 Cooperation
4. PENALTIES
5. INSTITUTIONAL ARRANGEMENTS
6. DEFINITIONS
[Annex 1 to Article 1.3]
[Annex 2 to Article 1.3]
[[CHAPTER] ON STANDARDS AND TECHNICAL BARRIERS TO TRADE
Article 1. Scope and Coverage
[Article 2. Objectives and General Principles]
[Article 3. Standards]
[Article 4. Technical Regulations]
[Article 5. Conformity Assessment]
Article 6. Metrology
Article 7. Transparency Requirements and Information Systems
Article 8. Technical Cooperation and Assistance
[Article 9. Special and Differential Treatment]
[Article 10. Committee on Technical Barriers to Trade]
[Article 11. Consultations and Dispute Settlement]
[Article 12. Definitions]]
[TECHNICAL BARRIERS TO TRADE]
[CHAPTER ON SUBSIDIES, ANTI-DUMPING AND COUNTERVAILING
MEASURES
Article 1 [General Provisions]
Article 2 [Determination of Dumping] [or Subsidies]
Article 3 [Determination of Injury]
Article 4 [Definition of Domestic Industry]
Article 5 [Initiation and Subsequent Investigation]
Article 6 [Evidence]
Article 7 [Provisional Measures]
Article 8 [Price] [Undertakings]
Article 9 [Imposition and Collection Of [Antidumping] Duties][Procedure for A
New Exporter]
Article 10 [Duration and Review of Definitive [Antidumping] Duties and
[Price] Undertakings]
Article 11 [Public Notice and Explanation of Determinations]
Article 12 [Developing Countries]
Article 13 [Joint Committee]
Article 14 [Consultation and Dispute Settlement]
Article 15 [Public Interest]
Article 16 [Elimination of Antidumping Measures]
Article 17 [Final Provisions]
Article X [Definitions]]
DRAFT CHAPTER ON DISPUTE SETTLEMENT
[Article 1. Definitions]
Article 2. Scope of Application
Article 3. Cooperation
Article 4. General Provisions
[Article 5. Differential Treatment]
Article 6. Choice of Forum
Article 7. Consultations
Article 8. Cases Involving Perishable [and Seasonal] Goods
[Article 9. Consolidation of Procedures]
[Article 10. Good Offices, Conciliation and Mediation]
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. Model Rules of Procedure
[Article 17. Procedures for Multiple Complainants]
[Article 18. Multiple Parties Complained Against]
[Article 19. Third Parties]
Article 20. Expert Advice
[Article 21. Provisional Measures]
[Article 22. Initial Report]
[Article 23. Jurisdiction of the Neutral Panel]
[Article 24. Withdrawal or Settlement]
[Article 25. Final Report]
[Article 26. Recourse to Clarification [or Interpretation]]
[Article 27. Implementation of the Final Report]
[Article 28. Determination of Compliance]
[Article 29. Appellate Body]
[Article 30. Constitution of the Appellate Body]
[Article 31. Appeal Procedure]
[Article 32. Decisions of the Appellate Body]
[Article 33. Procedures for Appellate Review]
[Article 34. Nature of Final Decision]
[Article 35. [Non-Implementation of the Final Report,] Compensation and
Suspension of Benefits]
[Article 36. Damages]
[Article 37. Arbitration]
[Article 38. Strengthening of the FTAA Agreement]
[Article 39. [Confidentiality] [Transparency]]
Article 40. Calculation of Time Periods
[Article 41. Special Procedures Involving Member States with Different Level
of Development]
[Article 42. Effective Access]
[Article 43. Interpretation of the FTAA Agreement in Judicial
or Administrative Proceedings]
Article 44. Private Rights
[Article 45. Alternative Dispute Resolution Between Private
Parties]
[Annex XX. Nullification and Impairment]
[Annex XX. Supplementary Rules of Procedure to Article 18
(Model Rules of Procedure)]
[Annex XX. Remuneration and Payment of Expenses]
[Annex XX. Preliminary Proceedings]
DRAFT SERVICES TEXT
Article 1: Scope and Sectoral Coverage
Article 2: Most-Favored-Nation Treatment (MFN)
Article 3: Transparency
Article 4: Denial of Benefits
Article 5: National Treatment
[Article 6: Standard of Treatment]
Article 7: Market Access
Article 8: Definitions
SECTION ON OTHER ISSUES RELATED TO THE ABOVE
[Domestic Regulation]
[National Regulations]
[Annex on Professional Services]
[Temporary Entry of Business Persons]
[General Exceptions]
[General Exceptions]
[Security Exceptions]
[Article xxx: Mutual Recognition]
[Recognition]
[Regulatory Exclusions]
[Additional Commitments]
[List of Specific Commitments]
[Reservations [or Commitments]]
[Article xxx: Non-conforming Measures]
[Liberalization of Nondiscriminatory Measures]
[Future Liberalization]
[Future Work]
[Committee on Cross-Border Trade in Services]
[Consultations]
[Council for Trade in Services]
[Dispute Settlement]
[Technical Cooperation]
[Relations with Other International Organizations]
[Restrictions to Protect the Balance of Payments]
[Special Safeguards]
[Subsidies]
[Competition]
[Special and Differential Treatment]
DRAFT INTELLECTUAL PROPERTY RIGHTS CHAPTER
PART I. GENERAL PROVISIONS AND BASIC PRINCIPLES.
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]]
Article 6. National Treatment
Article 7. Most-Favored-Nation Treatment
Article 8. Multilateral Agreements on Acquisition and Maintenance of
Protection
[Article 9. Technology Transfer]
[Article 10. Exercise of Rights[/Abuse of Rights]]
[Article 11. Transparency]
PART II. INTELLECTUAL PROPERTY RIGHTS
SECTION 1. 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]
SECTION 2. 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. Transparency]
SECTION 3. COPYRIGHT AND RELATED RIGHTS
Article 1. Definitions
Article 2. Protectable Subject Matter
Article 3. [Rights Conferred] [Economic Rights]
Article 4. Right of reproduction
Article 5. Right of distribution
Article 6. Right of Rental
Article 7. [Right of Participation]
Article 8. Right of communication to the public
Article 9. Moral rights
Article 10. Term of protection
Article 11. Limitations and exceptions
Article 12. [Transfer of Rights]
[RELATED RIGHTS]
Article 13. Safeguard of Copyright with respect to related rights
Article 14. [Obligations Pertaining Specifically to Related Rights]
Article 15. Rights of Performers
Article 16. Rights of Producers of Phonograms
Article 17. Rights of Broadcasting Organizations
Article 18. Term of Protection
Article 19. [Limitations and exceptions to related rights]
Article 20. Protection of program-carrying satellite signals
Article 21. [Obligations concerning technological measures]
Article 22. [Obligations concerning rights management information]
Article 23. [Collective Administration of Rights]
[Article 24. Government use of Computer Programs]
[SECTION 4. PROTECTION OF [EXPRESSIONS OF] FOLKLORE]
[Article 1. Protection of [Expressions of] Folklore]
SECTION 5. PATENTS [FOR INVENTIONS]
Article 1. Patentable Subject Matter
Article 2. Exceptions to Patentability
Article 3. Rights Conferred
Article 4. Exceptions to Rights Conferred
Article 5. Other Use Without Authorization of the Right Holder
[Article 6. Exhaustion of Rights]
Article 7. Revocation/Forfeiture
Article 8. Term of Protection.
[Article 9. Process Patents: Burden of Proof]
Article 10. Procedural Issues
Article 11. Conditions on Patent Applicants
[SECTION 6. [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]
[Article 1. Application]
[SECTION 7. UTILITY MODELS]
[Article 1. Utility Models]
[Article 2. Term of Protection]
[Article 3. Exceptions]
[SECTION 8. 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]
[SECTION 9. 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]
SECTION 10. UNDISCLOSED INFORMATION
Article 1. Protection of undisclosed information
[Article 2. Rights Conferred]
[SECTION 11. UNFAIR COMPETITION]
[Article 1. Unfair competition]
[SECTION 12. ANTI-COMPETITIVE PRACTICES IN CONTRACTUAL LICENSES]
[Article 1. Anti-competitive practices in contractual licenses ]
PART III. ENFORCEMENT
Article 1. [General Obligations]
Article 2. [Procedural and Remedial Aspects of Civil and Administrative
Procedures]
Article 3. [Provisional Measures]
Article 4. [Criminal Procedures]
Article 5. [Border Measures]
[Article 6. Technological Measures]
PART IV. TECHNICAL COOPERATION
Article 1. Treatment of the differences in the level of development and size
of the economies] [Technical Cooperation]
Article 2. [Cooperation to eliminate the trade of goods that infringe upon
intellectual property rights]
PART V. [TRANSITIONAL ARRANGEMENTS]
[Article 1. [Transitional Arrangements][Application]
PART VI. [OTHER PROVISIONS][FINAL PROVISIONS]
Article 1. [Committee on Intellectual Property]
Article 2. [Protection of Existing Subject Matter]
DRAFT OF CHAPTER ON COMPETITION POLICY
1. COMPETITION LAW
[2. [REGULATORY POLICIES AND PRACTICES, [LEGAL] [DESIGNATED] MONOPOLIES [,
ANTICOMPETITIVE AGREEMENTS], STATE ENTERPRISES [, STATE AIDS AND
INTER-GOVERNMENTAL AGREEMENTS]]
[2.1 Regulatory Policies and [Practices] [Measures]]
[2.2 [Designated] [Legal] Monopolies]
[2.3 [Anticompetitive] [Authorized] Agreements]
[2.4 State Enterprises]
[2.5 State aids]
[2.6 Inter-governmental agreements]
[2.7 For purposes of provisions 2.2 and 2.3 in this Chapter:]
3. INSTITUTIONAL PROVISIONS
4. MECHANISMS FOR COOPERATION AND FOR EXCHANGE OF INFORMATION
5. CONSULTATIONS [AND DISPUTE SETTLEMENT]
5.1 Consultations
[5.2 Dispute Settlement]
6. TECHNICAL ASSISTANCE
[7. TRANSITIONAL [PERIOD] [MEASURES]]
8. CONFIDENTIALITY
9. DEFINITIONS
1 This
preliminary draft Table of Contents is an outline of the draft texts prepared
by negotiating groups and the TCI. Further negotiations may result in the
elimination, modification, or repositioning of existing draft text-i.e.,
titles, subtitles, or text-or the addition of new titles, subtitles, or text.
2 After
the initial section on general and issues, the order of the chapters follows
their order in the first version of the draft FTAA Agreement as posted on the
FTAA official web page.
3 This
preliminary draft Table of Contents is based on the draft texts prepared by
negotiating groups and the TCI as reflected in their respective reports to the
TNC. Modifications have been made in the fonts and alignments
of the titles, subtitles and articles in these draft texts as appropriate for
purposes of consistency in presentation of the preliminary draft table of
contents. Footnotes to the titles, subtitles and articles, as well as
subheadings under articles have not been included in this preliminary draft
Table of Contents.
Second Draft FTAA Agreement - November 1, 2002
countries
