Law 172 Of 1994

Original Language Title: LEY 172 de 1994

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LAW 172
1994 (December 20)
Official Gazette No. 41671 bis, of January 5, 1995
Through which the Free Trade Agreement between the Governments of the United Mexican States approved, the Republic of Colombia and the Republic of Venezuela, signed in Cartagena de Indias on 13 June 1994.

"Free Trade Agreement between the United Mexican States and the Republic of Colombia" Summary

Term Notes
THE CONGRESS OF COLOMBIA,
seen the text of the Free Trade Agreement between the Governments of the United Mexican States, the Republic of Colombia and the Republic of Venezuela,
signed in Cartagena de Indias on June 13
1994. FREE TRADE AGREEMENT BETWEEN THE REPUBLIC oF COLOMBIA, THE REPUBLIC oF VENEZUELA
AND THE UNITED MEXICAN STATES INDEX 1994


Preamble Chapter I. initial provisions Chapter II
.
General Definitions Chapter III. national treatment and market access for goods
Chapter IV. Chapter V. automotive sector
agricultural sector and plant and animal health measures
Chapter VI. Rules of origin
Chapter VII. Chapter VIII
customs procedures.
Safeguards Chapter IX. Unfair trade practices
Chapter X. General on trade in services Chapter XI
Principles. Telecommunications
Chapter XII. Financial Services
Chapter XIII. temporary entry of business people
Chapter XIV. Chapter XV
technical standards.
Procurement Chapter XVI. Policy state enterprises
Chapter XVII.
Investment Chapter XVIII. intellectual property
Chapter XIX.
Dispute Resolution Chapter XX.
Administration Chapter XXI Treaty. Transparency
Chapter XXII. Exceptions
Chapter XXIII. Final provisions

PREAMBLE The governments of the Republic of Colombia, the Republic of Venezuela and the United Mexican States, CONSIDERING

The condition with their countries of Contracting Parties to the General Agreement on Tariffs and Trade ( GATT) and the commitments that derive for them.
The condition that has their countries of members of the Latin American Integration Association (ALADI) and the commitments that derive from it for them, and the will to strengthen the Association as a center of convergence of Latin American integration.
The condition with Colombia and Venezuela of member countries of the Cartagena Agreement and the commitments arising from them.
The coincidence in the policies of internationalization and modernization of the economies of their countries and their determination to contribute to the expansion of world trade.
The priority of deepening economic relations between their countries and the decision to promote Latin American integration process. DETERMINED
A
strengthen the special bonds of friendship, solidarity and cooperation among their peoples.
Contribute to the harmonious development and expansion of world trade and the expansion of international cooperation.
Create an expanded and secure market for goods and services produced in their territories.
Reduce distortions in trade.
Establish clear and mutually advantageous rules governing their trade.
Ensure a predictable planning for productive activities and investment trade framework.
Strengthen the competitiveness of their firms in global markets.
Encourage innovation and creativity through the protection of intellectual property rights.
Create new employment opportunities, improve working conditions and living standards in their respective territories.
Preserve its ability to safeguard the public welfare.
Promote sustainable development.
To promote coordinated action by the Parties in international economic forums, particularly those related to Latin American integration processes.
Promote dynamic participation of different economic actors, including the private sector, in efforts to deepen economic relations between the Parties and to develop and maximize the chances of their joint presence in international markets.
CELEBRATE THIS FREE TRADE
In accordance with the GATT and with the character of Partial Agreement of Economic Complementation in accordance with the provisions of the 1980 Montevideo Treaty and Resolution 2 of the Council of Ministers of Foreign contracting parties to the treaty.

CHAPTER I. INITIAL PROVISIONS.
ARTICLE 1-01. OBJECTIVES.


1. The objectives of this treaty, developed specifically through its principles and rules, including national treatment, most favored nation and transparency are the following:
a) encourage expansion and diversification of trade between the Parties;
B) Remove barriers to trade and facilitate the movement of goods and services between the Parties;
C) Promote fair trade between the Parties competition;
D) substantially increase investment opportunities in the territories of the Parties;
E) protect and enforce intellectual property rights;
F) To establish a framework for further cooperation between the Parties, as well as the regional and multilateral levels to expand and enhance the benefits of this treaty;
G) Establish effective procedures for the implementation and enforcement of this treaty, for its joint administration and for the resolution of disputes;
H) To promote equitable relations between the Parties recognizing the differential treatments because of the categories established in ALADI countries.
2. The Parties shall interpret and apply the provisions of this treaty in the light of the objectives set out in paragraph 1o. and in accordance with the applicable rules of international law.

ARTICLE 1-02. RELATIONSHIP WITH OTHER INTERNATIONAL TREATIES.

1. The Parties confirm the rights and obligations existing between them under the GATT, the 1980 Montevideo Treaty and other international treaties and agreements ratified by them.
2. In the event of any inconsistency between the provisions of treaties and agreements that the 1st paragraph refers to. and the provisions of this Treaty, this treaty shall prevail to the extent of the inconsistency.

ARTICLE 1-03. RELATIONS BETWEEN COLOMBIA AND VENEZUELA.

1. Chapters III, IV, V, section A, VI, VIII, IX, XVI and XVIII shall not apply between Colombia and Venezuela.
2. Chapters not included in paragraph 1o. shall apply between Colombia and Venezuela, without prejudice to the obligations under the legal system of the Cartagena Agreement.
3. Paragraphs 1o. and 2nd. not affect the rights that Mexico may have under this treaty.

ARTICLE 1-04. OBSERVANCE OF THE TREATY. Each Party shall, in accordance with its constitutional provisions, compliance with the provisions of this treaty in its territory in the central or federal, state or departmental level, and municipal, except in cases where this treaty otherwise.

ARTICLE 1-05. SUCCESSION OF TREATED. Any reference to other treaty or international agreement shall be made on the same terms to any treaty or agreement successor thereto which all Parties are party.
CHAPTER II.
GENERAL DEFINITIONS.

ARTICLE 2-01. DEFINITIONS OF GENERAL APPLICATION. For the purposes of this Agreement, unless otherwise specified, shall apply:
Well of a Party. Domestic products as understood in GATT, those goods that the Parties may agree, and includes originating goods; a good of a Party may incorporate materials from other countries.
Customs Valuation Code. The Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade Agreement, including its interpretative notes.
Commission. The Administrative Commission established under Article 01.20.
Communication. official written communication or notification.
Days. continuous, schedule or calendar days.
Company. Any entity constituted or organized under applicable law, whether or not for profit, and whether private or government-owned, including corporations, foundations, companies, branches, trusts, shares, sole proprietorship, joint ventures or other associations. Nothing in this treaty shall be construed to require a Party to grant or recognize legal personality to entities that are not under the law of that Party.
State-owned company. A company that is owned by a Party or under their control through participation in the capital. Existing
. It exists on the date of entry into force of this treaty.
Import Tax. Any tax or import duty and a charge of any kind imposed in connection with the importation of goods, including any form of taxation or additional imports except charge:
a) any equivalent to an internal tax office established in accordance with Article III: 2 of the GATT regarding similar goods, direct competitors or substitutes Party or in respect of goods from which has been manufactured or produced in whole or part of the imported goods;

B) any antidumping or countervailing duty or quota applied in accordance with the laws of a Party;
C) Any fee or other charge in connection with importation commensurate with the cost of services rendered; and
d) any premium offered or collected on imported goods, arising out of any tendering system regarding the administration of quantitative import tariff or quota or tariff preference quotas restrictions.
Measure. Any law, regulation, procedure, provision or administrative practice, among others, adopted by a Party.
National. A natural person who has the nationality of a Party under its law. It will be understood that the term also extends to persons who, in accordance with the legislation of that Party, have the character of permanent residents in the territory of the same. Originating
. That meets the rules of origin set out in Chapter VI.
Party. All State which has entered into force this treaty.
Exporting Party. The Party from whose territory a good or service is exported.
Importing Party. The Party into whose territory a good or service is imported.
Person. A natural person or a company.
Relief program. The provisions of Annex 1o. Article 3-04.
Protocol. A protocol annexed to the treaty whose provisions have the same status and binding force of this treaty.
Resolution. Decision or resolution of an authority.
Harmonized System. The Harmonized Commodity Description and Coding System, including the General Rules of Classification and its explanatory notes.
CHAPTER III.
NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS.


SECTION A. DEFINITIONS.

ARTICLE 3-01. DEFINITIONS. For the purposes of this Chapter shall apply:
FOB. Free on Board (LAB).
Tariff. A code of tariff classification under the Harmonized eight or ten-digit system.
Shows no commercial value. goods representative of a class of goods already produced or model of goods whose production is projected. It does not include identical goods imported by the same person or sent to a single consignee, in such quantity that taken globally, configure an ordinary import subject to payment of import taxes. Used
. Those assets at the time of importation show signs of wear or turbidity by use; which, even without being used, have a considerable time from manufacture; balances, imperfect, second and debris.

SECTION B. SCOPE AND NATIONAL TREATMENT.

ARTICLE 3-02. AREA OF APPLICATION. This Chapter applies to trade in goods of the Parties, except in cases where this treaty otherwise.

ARTICLE 3-03. NATIONAL TREATMENT.

1. Each Party shall accord national treatment to the goods of another Party in accordance with Article III of GATT, including its interpretative notes. To this end, Article III of GATT and its interpretative notes are incorporated into this agreement and are an integral part thereof.
2. The provisions of paragraph 1o. means, with respect to a state or department or a municipality, treatment no less favorable than the most favorable treatment that State or department, or municipality to any like goods, direct competitors or substitutes, as appropriate, of the Party of which is integral.
3. Paragraphs 1o. and 2nd. do not apply to the measures set out in the annex to this article. SECTION C.

import taxes.

Article 3-04. IMPORT TAX RELIEF.

1. Unless otherwise provided in this Agreement, neither Party may increase any existing import tax, or adopt any new import tax on goods originating.
2. Unless otherwise provided in this Treaty, each Party shall progressively eliminate its import duties on goods originating as provided in Annex 1o. to this article.
3. Paragraphs 1o. and 2nd. This article is not intended:
a) Prohibit a Party to increase import tax on goods originating a higher level not established in the Tariff Elimination Program when that party had previously reduced the import tax unilaterally a lower level set in that program;
B) Avoid a Party increases an import tax on goods originating if such an increase is authorized as a result of a procedure GATT dispute settlement between the Parties;

C) Prevent a party establish a new tariff breakdown or split, provided that the import duty applicable to the originating goods does not exceed the applicable tariff code broken or split.
4. Unless otherwise provided, this treaty incorporates the tariff preferences negotiated previously between the Parties, the regional tariff preference (PAR) for the tariff universe and extent of the PAR between Mexico and Venezuela, in the form as reflected in the Annex 1o. to this article. From the entry into force of this treaty are void negotiated between the Parties or granted previously under the ALADI preferences.
5. For purposes of relief from import duties in accordance with this Article, the rates or tariffs transition will approach down, at least to the percentage tenth nearest or, if the rate of duty is expressed in monetary units, so less al.001 closest of the official monetary unit of the Party.
6. In addition to the provisions of the 2nd Annex. this article, at the request of any Party, the Commission shall consult to consider accelerating the elimination of import taxes for one or more assets or include one or more goods in the tariff reduction program and make the parties the recommendations relevant. After fulfilling the corresponding legal requirements, accelerated elimination of import duties on a good that is achieved for two or more parties, shall supersede any import tax or period for such good between the Parties. The inclusion of goods in the tariff reduction program achieved between two or more Parties shall take effect for such goods between those parties once the relevant legal procedures are met.

ARTICLE 3-05. CUSTOMS VALUATION.

1. Except as provided in the annex to this article, the customs value of an imported good shall be determined in accordance with the principles of the Customs Valuation Code.
2. The tax base on which import duties on goods imported from another Party shall not apply the value of a good produced in the territory of the importing Party or an arbitrary or fictitious value.
3. In accordance with Article 13 of the Customs Valuation Code, if in the course of determining the customs value of imported goods was necessary to delay the final determination of such value, the importer may withdraw them from customs if, where he required, it provides a sufficient guarantee in the form of bond or, if you choose the importer, by other means of guarantee provided under the legislation of the Party. The warranty will cover the payment of taxes which may be subject to final goods.
4. Each Party shall establish appropriate documentation to certify the accuracy of the customs value, which will not exceed the reasonably be requested pursuant to the provisions of Article VII of the GATT.
5. The guarantee granted under the terms of paragraph 3o. It will be released within a period not exceeding twenty working days from the date on which the importer provides the customs authority appropriate documentation, unless the customs authority itself has initiated the exercise of its power of inspection or verification.
6. Each Party may determine, in accordance with paragraph 3o., Goods imported from another Party that are subject to the above warranty when the customs value declared by the importer is less than the estimated price determined by the customs authority of the importing Party based on history values ​​previously obtained and analyzed transaction.
7. Before adopting the estimated paragraph on the 6th regards price., The Party shall notify the other Parties a description of the goods, their tariff, the price proposed estimated establish and the grounds on which it is based to adopt the measure.
8. The Parties understand that the estimated price on the 6th paragraph refers to. It shall not be considered as the base price for determining import duties.

ARTICLE 3-06. TEMPORARY REAL.

1. Each Party shall free temporary import tax or suspension of payment thereof, at least to the goods listed below, imported from another Party, regardless of their origin and that in territory of the Party
a) professional equipment necessary for the conduct of business, trade or profession of a business person: importing similar goods are available directly competitive or substitutable are:

B) Equipment press or for transmission to air radio or television broadcasting and cinematographic equipment;
C) Goods imported for sports purposes or intended for display or demonstration, including components, ancillary equipment and accessories, and
d) commercial samples and advertising films.
2. Unless otherwise provided in this Treaty, each Party may make the free temporary import tax or suspension of payment thereof, of a good referred to in paragraph 1o., A), b) or c) , to any of the following conditions, without additional conditions they can be taken:
a) are introduced by natural or legal persons legally established in the Party or by nationals of another Party;
B) the well is used exclusively by the person entering temporarily or under his personal supervision, in carrying out its activity, trade or profession;
C) the good is sold or leased or hired to any other form while in its territory;
D) The temporary importation is guaranteed by a bond or other security not exceeding 110% of the charges would be caused by the final importation of the good, to be released at the time of exportation;
E) the good is capable of identification when re-exported;
F) the good is re-exported to the departure of the person or within a period as is reasonably related to the purpose of the temporary importation, which may not in any case exceed six months, extendable to nine months;
G) no greater than reasonable for the use that is intended to be imported in amounts, and
h) the good is re-exported in the same form in which it was imported.
3. Except as otherwise provided in this treatise, literal d) is available, the Parties may hold the free temporary import tax or suspension of payment thereof, of a good referred to in paragraph 1o. To any of the following conditions, without additional conditions can be taken:
a) the good is imported for the purpose of obtaining orders for goods or services provided from the territory of another Party or from another country other than Party;
B) That the good not be sold, leased or used only for exhibition or demonstration while in its territory;
C) the good is capable of identification when re-exported;
D) the good is re-exported within a period as is reasonably related to the purpose of the temporary importation, which may not in any case exceed six months, extendable to nine months, and
e) That the good is amount no greater quantity than is reasonable according to the use that given their intended.
4. When a good imported temporarily free of import tax in accordance with paragraph 1o. does not meet any of the conditions that a Party imposes under paragraphs 2o. and 3o., that Party may demand payment of import duties and any other charge that would be caused by the definitive import of good.

ARTICLE 3-07. IMPORTING samples without commercial value. Each Party shall authorize the import tax free import of samples without commercial value originating from another Party.

ARTICLE 3-08. TEMPORARY FLEXIBILITY LEVELS FOR CERTAIN ASSETS CLASSIFIED IN CHAPTERS 51 TO 63 OF THE HARMONIZED SYSTEM. Until 31 December 1999, the parties listed in the annex to this article granted to goods classified in Chapters 51 to 63 of the Harmonized System complying with the provisions of Article 6-19, the corresponding preferential treatment to goods originating established Tariff Elimination Program, in accordance with the provisions of this Annex.
ARTICLE
8/3 BIS. LEVELS OF FLEXIBILITY FOR CERTAIN ASSETS CLASSIFIED IN CHAPTER 72 OF HARMONIZED SYSTEM. The Parties shall grant preferential tariff treatment to certain goods falling within Chapter 72 of the Harmonized System in accordance with the provisions of the Annex to this article. Effective Notes



SECTION D. NON-TARIFF MEASURES.

ARTICLE 3-09. Import restrictions and export.

1. Unless otherwise provided in this Agreement, no Party may adopt or maintain any prohibition or restriction on the importation of any good of another Party or on the exportation or sale for export of any good destined for the territory of another Party, except as provided in Article XI of the GATT, including its interpretative notes. To this end, Article XI of the GATT and its interpretative notes are incorporated into this agreement and are an integral part thereof.

2. The Parties understand that the GATT rights and obligations incorporated by paragraph 1o. prohibit, in any circumstances in which it is any other type of restriction, the establishment of minimum export prices and import, except as permitted sanctions and commitments anti-dumping duties or countervailing duties and quotas.
3. In cases where a Party adopts or maintains a prohibition or restriction on the import of goods from a country not party or exportation of goods to a country not party, nothing in this treaty shall be construed sense of preventing:
a) limit or prohibit the import of goods the country not party, from the territory of another Party, or
b) as a condition for the export of goods to the territory of another Party , that they are not directly or indirectly re-exported to the country not party, without being processed or manufactured in the territory of the other Party so giving rise to a substantial change in value, form or use thereof or production other well.
4. In the event that a Party adopts or maintains a prohibition or restriction on the importation of a good from a non-Party, at the request of either party, they shall consult in order to minimize interference or distortion undue in of pricing, marketing and distribution arrangements in another Party.
5. Paragraphs 1o. at 4. shall not apply to the measures set out in the annex to this article.

ARTICLE 3-10. CUSTOMS DUTIES. Neither Party shall increase or establish any customs duty for the service provided by customs on goods originating and eliminate those rights on goods originating within 5 years after the entry into force of this treaty means.

ARTICLE 3-11. Export taxes.

1. Except as provided in this Article, neither Party shall adopt or maintain any tax, levy or charge any export of goods to the territory of another Party, unless they are adopted or maintained on the export of such property to the territory of all other Parties , and that good when destined for domestic consumption.
2. Each Party may adopt or maintain a duty, tax or any export of essential goods listed in Annex the 1st charge. of this article, its ingredients, or goods of which such foodstuffs are derived, if that duty, tax or charge is adopted or maintained on the export of such goods to the territory of all other Parties, and is used: | || a) for the benefits of a domestic food assistance program that includes these foods are received only by consumers in the Party applying this program, or
b) to ensure the availability of sufficient quantities of good food for internal, or enough of its ingredients or property of which such foodstuffs are derived, to a domestic processing industry consumption when the domestic price of that food either remained below the world price as part of a government program stabilization, provided that such taxes, levies or charges, do not have the effect of increasing the protection afforded to such domestic industry, and for the period necessary to maintain the integrity of the program is maintained only.
3. Notwithstanding paragraph 1o., Each Party may adopt or maintain a duty, tax or charge on the export of any food to the territory of another Party well if that tax, levy or charge is applied temporarily to alleviate a critical shortage of the food good. For purposes of this paragraph, "temporarily" means up to one year or a longer period agreed to by all parties.
4. Paragraph 1o. shall not apply to the measures set out in the 2nd Annex. to this article.

ARTICLE 3-12. COUNTRY OF ORIGIN MARKING. Annex to this Article shall apply to measures relating to the country of origin marking. SECTION E.

PUBLICATION AND COMMUNICATION.

ARTICLE 3-13. PUBLICATION AND COMMUNICATION.

1. Neither Party shall apply before their official publication any general measure which has the effect of increasing import tax or other charge on the importation of goods from another Party or export of goods to other Party, or imposing a new or more severe measure, restriction or prohibition for those imports or exports or transfers of funds relating to them.

2. At the request of a Party, the other Party shall identify in terms of tariff and the corresponding nomenclature under the Harmonized System, measures, restrictions or prohibitions on the import or export of goods for reasons of national security, public health, preservation flora and fauna, environment, plant and animal health standards, technical standards, labeling, international commitments, requirements of public order or any other regulation. SECTION F-
CONDITIONS IMPROVED ACCESS FOR GOODS.

ARTICLE 3-14. IMPROVED CONDITIONS OF ACCESS FOR GOODS. At the request of any party, the Commission will review the possibility of improving the conditions of market access for one or more assets of the Parties and where appropriate, adopt such improvements in accordance with Article 20.01. Any improvement in the conditions of access taken by the Commission shall prevail over the access conditions previously established by the Treaty for that good or goods. Effective Notes

ANNEX TO ARTICLE 03.03

Exceptions to Article 3-03


Colombia Measures 1. Notwithstanding Article 3-03, Colombia departmental monopoly of liquor production and the ability of departments to establish taxes on liquor hospital departments or from other countries reserves.
2. Article 03.03 shall not apply to measures taken by Colombia concerning the export or import of energy goods when necessary to ensure compliance with a constitutional provision.
3. For purposes of the 2nd paragraph., They are considered those described in the 2nd paragraph as energy goods. Section B is the Annex to Article 3-09.
ANNEX

1st to Article 3-04 Tariff Reduction Programme


Matches
1. Unless otherwise provided in this Annex or in some other part of this treaty, each Party shall progressively eliminate its import duties on goods originating in ten equal stages, as follows:
a) The first reduction will be the 1st place. January 1995; and
b) The residual import tax will be removed in nine equal annual stages beginning January 1. July 1996 so that these goods are free from import duties as of 1. July 2004.
2. The relief described in paragraph 1o. It shall apply from import tax specified in the "base rate" column of the list each party to the Tariff Elimination Program.
3. Notwithstanding paragraph 1o. and unless otherwise provided in this Agreement, the import duty applicable to originating goods in tariff item marked with the code "P" in the list of a Party to the tariff reduction program is the lower of: || | a) the resulting import tax applying the 1st paragraph. and 2nd .; or
b) 4.4% ad valorem.
4. Notwithstanding paragraph 1o. and unless otherwise provided in this Agreement, the import duty applicable to originating goods in tariff item marked with "R" code in the list of a Party to the tariff reduction program will be the lower of:
a) the resulting import tax applying the 1st paragraph. and 2nd. from an import duty of 10% ad valorem; or
b) Import tax specified in the "base rate" column.
5. Notwithstanding paragraph 1o. and unless otherwise provided in this Agreement, the import duty applicable to originating goods in a marked tariff with the code "B" in the list of a Party to the tariff reduction program will be removed in five equal stages as to:
a) the first reduction will be implemented on 1. January 1995; and
b) The residual import tax will be removed in four equal annual stages beginning on 1. July 1996 so that these goods are free from import tax beginning January 1. July 1999.

6. Notwithstanding the provisions of Article 3-04 and the 1st paragraph. and 2nd., and in accordance with Article 5.4 and Annex 2nd. Article 03.04, a Party may adopt or maintain import duties in accordance with their obligations and rights under GATT, on goods provided for in a tariff item identified with the code "EXCL" in the list of a Party in the Program Staging until the time otherwise between the Parties under the provisions of this treaty is agreed. For goods included in an identified tariff with the code "EXCL" and that according to the list of a Party to the tariff reduction program and the 7th paragraph. Not be identified with the code "PAR", tariff preferences the 7th paragraph. They will be negotiated at the time the parties agree the application of Article 3-04 and the 1st paragraph. and 2nd. for those assets, unless the Parties decide otherwise.
7. Notwithstanding the 6th paragraph, on originating goods in a tariff fraction identified with the code "PAR" in the list of a Party to the tariff reduction program the following shall apply:.
A) Mexico shall apply a tariff preference of 28% on that proportion of import tax effect which is expressed as a percentage of the customs value of imported goods (ad valorem), but in no case on that proportion of import tax effect is expressed in monetary units per unit measurement; or
b) Colombia and Venezuela apply a tariff preference of 12% on that proportion of current import tax expressed as a percentage of the customs value of imported goods (ad valorem), but in no case on that proportion of the tax current import expressed in monetary units per unit of measure.
8. Notwithstanding paragraph 1o. and unless otherwise provided in this Agreement, the import tax on motor originating goods included in the tariff items marked with the code "M" in the list of a Party in the Schedule, shall apply under the following:
a) Before December 31, 2006, while there is no agreement in the Automotive Sector Committee under Chapter IV, the import tax applicable to goods originating shall be the rate specified in the column base or, if it exists, specified in parentheses after the "M" code for each tariff item in the list of a Party to the tariff reduction program;
B) Before December 31, 2006 and after, if necessary, there is agreement in the Automotive Sector Committee under Chapter IV, the import tax applicable to goods originating eliminated in equal annual stages between the date subsequent to the 1st. January 1997 determines that committee and December 31, 2006, from the base rate specified for each tariff item in the "base rate" from the list of a Party to the Tariff Elimination Program column; and
c) As of 1. January 2007 these goods will be free of import tax, unless the parties agree a longer period in accordance with Article 04.04.
9. The provisions of paragraph 8,. shall not apply to goods originating non-automotive assets.
10. Notwithstanding the provisions of Chapter VI, in cases where there is not the same tariff treatment between the Parties for the same originating good, in order to determine the applicable import tax by a Party, the following shall apply: || | a) Colombia apply the provisions of this Annex according to your list in the tariff reduction program to originating goods for which was made in the territory of Mexico the last substantial process of production, other than a lower processing;
B) Venezuela will apply the provisions of this Annex according to your list in the tariff reduction program to originating goods for which was made in the territory of Mexico the last substantial process of production, other than a lower processing;
C) Mexico apply the provisions of this annex in accordance with the "Colombia" column of your list in the tariff reduction program to originating goods for which was made in the territory of Colombia the last substantial process of production, different a lower processing;
D) Mexico apply the provisions of this Annex in accordance with "Venezuela" column of your list in the tariff reduction program to originating goods for which was made in the territory of Venezuela the last substantial process of production, different of less processing.
11. For purposes of paragraph 10 be less prosecutions, among others, the following:

A) mere dilution with water or another substance that does not materially alter the characteristics of the good;
B) cleaning, including removal of oxide, oil, paint or other coverings;
C) Application of preservative or decorative coating, including lubricants, preservative or decorative paint, or metallic coatings;
D) Cutting or gouging small amounts of surplus materials;
E) unloading, reloading or any other necessary to keep them in good condition well;
F) packaging, repackaging, packing, repacking or filling containers in small doses;
G) Test, mark, separating or sorting;
H) Ornamental operations or incidental to the production of a textile finishing well, which aims to improve the commercial attractiveness care facility or a product such as dyeing and printing, embroidery and prints or marks application, stitched hems, pleats or forceps, stone wash or acid, permanent press, or sewing accessories and ornaments.
12. For the purposes of paragraph 10, it means production as set out in Article 01.06. Section A List


staging of Colombia (attached separate volume)
Section A Bis List staging of Colombia

Matches Section B List


staging of Mexico (attached as a separate volume)
Section B Bis List deductibility of Mexico

Matches Section C List


staging of Venezuela (attached separate volume)

Matches ANNEX

2nd to Article 3-04
1. If the Parties reach agreement on the rules of origin for goods classified under heading 39-03 of the Harmonized System as set out in Section C of Annex to Article 6-19 shall agree on the tariff reduction schedule for such property, which may not exceed 10 years from the entry into force of this treaty.
2. If Venezuela and Mexico reach agreement on the rules of origin applicable between them for goods classified in Chapters 50 to 63 of the Harmonized System as set out in Section B of the Annex to Article 6-19 shall agree on the schedule relief for those goods, which may not exceed 10 years from the entry into force of this treaty.
ANNEX TO ARTICLE 05.03


1
Customs Valuation. Colombia estimate imported from another Party well, for a period of five and a half years from the entry into force of this Treaty, on the basis of official minimum prices established based on:
a) Prices distributors or exclusive importers of the major brands, reported to the Tax and Customs; or
b) International databases, international exchanges or magazines on the subject, or other publicly available sources, as it is not possible to obtain international prices of exclusive distributors or importers of the major brands.
2. For the purposes specified in paragraph 1o. the following requirements are met:
a) prices determined in accordance with the 1st paragraph, letter a) have been consularized in the exporting country and certified by a chamber of commerce of the exporting country;. .
B) prices determined in accordance with the 1st paragraph, items a) and b);
I) is obtained based on the average of the most recent quotes from the sources mentioned in the 1st paragraph, items a) and b).;
Ii) prices are based on FOB port of shipment, country of origin;
Iii) they have been verified with reputable international sources;
C) To publish, through the Directorate of National Taxes and Customs of Colombia and by resolution; and
d) To advise other Parties, in advance, the official minimum prices will enter into force for trade between the Parties.
ANNEX TO ARTICLE 08.03


Temporary flexibility levels for goods classified in Chapters 51 to 63 of the Harmonized System
1. Provided they meet the provisions of Section A of the Annex to Article 6-19, Mexico apply the appropriate preferential tariff rate to goods originating established in the tariff reduction program to goods classified in Chapters 51 to 60 of the Harmonized System produced in Colombia, until the annual amounts specified below:
a) 1 million Americans the first of January to the thirty dollars and December 1, 1995;
B) US $ 1.5 million from the first of January to 31 December 1996;
C) US $ 2 million from the first of January to 31 December 1997;

D) US $ 2.5 million from the first of January to 31 December 1998; and
e) 3 million Americans the first of January to the thirty dollars and 1 December 1999.
2. Provided they meet the provisions of Section A of the Annex to Article 6-19, Mexico apply the appropriate preferential tariff rate to goods originating established in the tariff reduction program to goods classified in Chapters 61 to 63 of the Harmonized System produced in Colombia, until the annual amounts specified below:
a) US $ US the first of January to the thirty dollars 3 million and 1 December 1995
b) 3.5 million from the first of January to 31 December 1996;
C) $ 4 million from the first of January to 31 December 1997;
D) US $ 4.5 million from the first of January to 31 December 1998; and
e) 5 million Americans the first of January to the thirty dollars and 1 December 1999. 3
. Provided they meet the provisions of Section A of the Annex to Article 6-19 Colombia apply the appropriate preferential tariff rate to goods originating established in the tariff reduction program to goods classified in Chapters 51 to 60 of the Harmonized System produced in Mexico, until the annual amounts specified below:
a) US $ US the first of January to the thirty dollars and one million of December 1, 1995
b) 1.5 million of January to 31 December 1996;
C) US $ 2 million from the first of January to 31 December 1997;
D) US $ 2.5 million from the first of January to 31 December 1998; and
e) 3 million Americans the first of January to the thirty dollars and 1 December 1999.
4. Provided they meet the provisions of Section A of the Annex to Article 6-19 Colombia apply the appropriate preferential tariff rate to goods originating established in the tariff reduction program to goods classified in Chapters 61 to 63 of the Harmonized System produced in Mexico, until the annual amounts specified below:
a) US $ US the first of January to the thirty dollars 3 million and 1 December 1995
b) 3.5 million from the first of January to 31 December 1996;
C) $ 4 million from the first of January to 31 December 1997;
D) US $ 4.5 million from the first of January to 31 December 1998; and
e) 5 million Americans the first of January to the thirty dollars and 1 December 1999.
5. Colombia and Mexico may not allocate more than 20% of the total amount for each year referred to in paragraphs 1o. and 3o. to goods classified in the same heading of the Harmonized System.
6. From the first of January 2000, the goods referred to in Article 3.8 refers must meet the rule of origin set out in Annex to Article 6-03.
7. The Parties shall grant the tariff preferences established in the tariff reduction program to goods Article 3-08 in excess of the amounts determined in paragraphs refers to the 1st. the 4th. provided they comply with the specific rule of origin set out in Annex to Article 6-03.

ANNEX TO ARTICLE 8.3 BIS.
LEVELS OF FLEXIBILITY FOR CERTAIN ASSETS CLASSIFIED IN CHAPTER 72 OF HARMONIZED SYSTEM.


Matches
1. From the entry into force of this Protocol, each Party shall accord to goods falling within Chapter 72 of the Harmonized System listed below, produced in the territory of the other Party and imported into its territory in accordance with the provisions of the 2nd paragraph , preferential tariff treatment under the tariff Elimination Program for originating goods until the amounts and terms specified in the following table:

2. If during an annual period you get to use at least fifty percent (50%) of the amount of the quota set for that year in the annual period consecutive the amount of the annual quota will apply with the increase shown in the following column table in this Annex as appropriate. Otherwise, it continues to apply the same amount of the quota.

3. If, pursuant to the conditions set out in the preceding paragraph, a Party reached for one or more assets the amount of the quota established in the annual "Cupo with increasing No. 7" column of the table of this Annex, the Commission shall review, to request of that Party, the possibility of improving the conditions of access to goods that reached that amount, according to Article 3 to 14 "improving the conditions of access of goods to market."
4. While the Commission does not agree improvements in access to goods listed in the preceding paragraph, the amount of quota specified in column "increase annual Cupo with No. 7" of the table of this Annex for goods that have achieved will remain that rode.
5. The importing Party of goods listed in this Annex will manage the amounts indicated therein under a mechanism first in time, first in right and in accordance with its laws.
6. The importing Party shall inform the other Party about the amount used three months before the end of the annual period and if it is determined that one or more assets complies with the provisions of the 2nd paragraph, it shall make the necessary administrative adjustments.
7. If at the time that the importing party submits the report above, some goods do not comply with the provisions of the 2nd paragraph, it shall inform the other party on the amount used within the first three months of the following period refers to annual and, if appropriate, make appropriate administrative adjustments.
8. For the purpose of granting preferential tariff treatment refers to Article 03.08 Bis regarding the amounts set out in this Annex, the specific rules of origin are those listed below:
Chapter 72 Iron and steel
72.09 - 72.14 a change to heading 72.09 through 72.14 from any other heading.
72.16 - 72.17 A change to heading 72.16 to 72.17 from any other heading.
9. The goods listed in this Annex will be subject to the provisions of Chapter VII. Effective Notes



Matches ANNEX TO ARTICLE 03.09

Exceptions to Article 3-09


Measures Section A Colombia
1. Notwithstanding Article 3-09, Colombia may adopt or maintain prohibitions or restrictions on the importation of used goods. However, not prohibit or restrict Colombia temporary importation of used goods, when imported to provide cross-border services according to Annex 2o. Article 10-02 or to fulfill a contract under Chapter XV, provided the imported goods:
a) necessary for the provision of cross-border service or fulfill the contract awarded to a supplier of another Party ;
B) they are used exclusively by the service provider or the supplier performing the contract or under its supervision;
C) not be sold, leased or loan while in the territory of Colombia;
D) are imported in no higher than necessary for providing the service or performance of the contract amounts;
E) they are re-exported promptly at the conclusion of the service or contract;
F) comply with other requirements applicable to imports of such goods to the extent that such requirements are compatible with this treaty;
G) Fulfill other purposes set forth in Article 03.06 of this chapter.
2. Article 09.03 shall not apply to measures taken by Colombia concerning the export or import of energy goods when necessary to ensure compliance with a constitutional provision Colombia.
3. For purposes of the application of this article are considered those described in the 2nd paragraph as energy goods. Section B of this Annex. Section B


Mexico Measures 1. Notwithstanding Article 3-09, Mexico may adopt or maintain prohibitions or restrictions on the importation of used goods. However, Mexico does not prohibit nor restrict the temporary importation of used goods, when imported to provide cross-border services according to Annex 2o. Article 10-02 or to fulfill a contract under Chapter XV, provided the imported goods:
a) necessary for the provision of cross-border service or fulfill the contract awarded to a supplier of another Party ;
B) they are used exclusively by the service provider or the supplier performing the contract or under its supervision;
C) not be sold, leased or loan while in the territory of Mexico;
D) are imported in no higher than necessary for providing the service or performance of the contract amounts;

E) they are re-exported promptly at the conclusion of the service or contract;
F) comply with other requirements applicable to imports of such goods to the extent that such requirements are compatible with this treaty;
G) Fulfill other purposes set forth in Article 03.06 of this chapter.
2. Notwithstanding Article 3-09, Mexico may adopt or maintain prohibitions or restrictions on the importation of goods described in the following headings and subheadings of the Harmonized System:
corresponding descriptions are provided only for reference purposes.

Description heading or subheading 27.07 Oils and other products of the distillation of coal tar high temperature; similar products in which the aromatic constituents predominate in weight on nonaromatic.
27.09 Crude oils obtained from bituminous minerals.
27.10 Petroleum oil obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included elsewhere, containing petroleum oil obtained from bituminous minerals, by weight, not less than 70% and these oils form the base element.
27.11 Gas oil and other gaseous hydrocarbons.
27.12 Vaseline, paraffin wax, microcrystalline petroleum, "slack wax" ozokerite, lignite wax, peat wax and other mineral waxes and similar products obtained by synthesis or by other processes, whether or not colored.
27.13 Petroleum coke, petroleum bitumen and other residues of petroleum oils obtained from bituminous minerals.
27.14 Bitumen and asphalt, natural; shales and tar sands; asphaltites and asphaltic rocks.
Saturated acyclic hydrocarbons 2901.10.
3. Notwithstanding Article 3-09, Mexico may maintain prohibitions or restrictions on goods Importancion described in the following headings or subheadings of the Harmonized System:
corresponding descriptions are provided only for reference purposes.

Description heading or subheading 8407.34 piston engines (piston) alternative of a kind used for the propulsion of vehicles of chapter 87, exceeding 1,000 cubic centimeters displacement.
8701.20 Road tractors for semi-trailers.
NVehículos 87.02 vehicles for the transport of ten or more people.
87.03 Motor cars and other motor vehicles principally designed for transport of persons (other than those of heading 8702), including station wagons ( "Break" or "Station Wagon") and racing.
87.04 Motor vehicles for the transport of goods.
Cars Trucks 8705.20 drilling or drilling.
8705.40 Concrete mixers.
87.06 chassis for motor vehicles of 8701 to 8705, equipped with engines. Section C


Venezuela Measures 1. Notwithstanding Article 09.03, Venezuela may adopt or maintain prohibitions or restrictions on the importation of used goods. However, Venezuela shall not prohibit or restrict the temporary importation of used goods, when imported to provide cross-border services according to Annex 2o. Article 10-02 or to fulfill a contract under Chapter XV, provided the imported goods:
a) necessary for the provision of cross-border service or fulfill the contract awarded to a supplier of another Party ;
B) they are used exclusively by the service provider or the supplier performing the contract or under its supervision;
C) not be sold, leased or loan while in the territory of Venezuela;
D) are imported in no higher than necessary for providing the service or performance of the contract amounts;
E) they are re-exported promptly at the conclusion of the service or contract;
F) comply with other requirements applicable to imports of such goods to the extent that such requirements are compatible with this treaty;
G) Fulfill other purposes set forth in Article 03.06 of this chapter.
2. Notwithstanding Article 09.03, Venezuela may adopt or maintain prohibitions or restrictions on importation of the following Harmonized System:
corresponding descriptions are provided only for reference purposes.

Item Description 27.05 Coal gas, water gas, producer gas and similar gases, excluding petroleum gas and other gaseous hydrocarbons.
27.06 Tar distilled from coal, lignite or peat and other mineral tars, including dehydrated or partially distilled, and reconstituted.

27.07 Oils and other products of the distillation of coal tar high temperature; similar products in which the aromatic constituents predominate in weight on nonaromatic.
27.08 Pitch and pitch coke, coal tar or other mineral tars.
27.09 Crude oils obtained from bituminous minerals.
27.10 Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included elsewhere, containing petroleum oil obtained from bituminous minerals, greater than or equal to 70% weight and these oils form the base element.
27.11 Gas oil and other gaseous hydrocarbons.
27.12 Vaseline, paraffin wax, microcrystalline petroleum, "slack wax" ozokerite, lignite wax, peat wax and other mineral waxes and similar products obtained by synthesis or by other processes, whether or not colored.
27.13 Petroleum coke, petroleum bitumen and other residues of petroleum oils obtained from bituminous minerals.
27.14 Bitumen and asphalt, natural; shales and tar sands; asphaltites and asphaltic rocks.
27.15 Bituminous mixtures based on asphalt or bitumen, natural, oil bitumen, coal tar or bitumen, mineral tar pitch (for example, bituminous mastics, cutbacks).

ANNEX 1 TO ARTICLE 11.03
Real

necessities Section A
Real necessities of Colombia
For purposes of the 2nd paragraph. Article 3-11, for Colombia, "basic necessities" means: Vegetable oil


Pea Rice Sugar


Coffee Chicken Meat Beef
boneless white onion


branch Onion Beer Chocolate


Beans Cornmeal Egg


pasteurized milk powder corn

plant and animal Manteca Panela


Papa Pasta Cheese


Carrot Tomato Salt


Section B Real necessities of Mexico
For purposes of the 2nd paragraph. Article 3-11, for Mexico, "basic necessities" means: Vegetable oil


Rice canned tuna white sugar


brown sugar beef steak or pulp

soluble coffee roasted coffee ground beef


packaging Chile Beer Chocolate powder


Bean chicken concentrate
|| popular Sugar Cookies | Crackers Jellies


Cornmeal wheat flour beef liver


Rolled oats cooked ham egg


condensed milk Milk
powder powdered milk evaporated milk for children


pasteurized milk Margarine vegetable shortening


Masa corn bread white bread box

Paste tomato puree soup


soft drinks Retazo bone Sal


Sardina canned corn tortilla Section C

Real necessities of Venezuela || | For the purposes of the 2nd paragraph. Article 3-11, for Venezuela, "basic necessities" means:
flour or semolina industrial and household Pasta


Cornmeal Rice Canned Sardines
| || powdered milk pasteurized milk


despresado whole chicken and chicken eggs pork

standing vegetable oil Sugar

household white cheese || | infant formulas

Legume animal Feed Salt


Coffee Margarine

toilet paper Fertilizers third and fourth category Drugs ..


ANNEX 2 TO ARTICLE 11.03
Article 11.03 Exceptions


Measures Section A Colombia
1. Notwithstanding Article 3-11, Colombia may maintain the mechanism of stabilization funds agricultural exports.
2. Colombia may maintain taxes or charges on exports of goods described in the following headings or tariff:
corresponding descriptions are provided for reference purposes only:

Item Description 1701.11.10.00 or fraction Panela || | 09.01 Coffee

2709.00.00.00 2701.12.00.10/90 Coal crude Oil Natural Gas 2711.11.00.10/90


7202.60.00.00 Ferronickel Measures Section B
|| Mexico | Mexico may maintain its current export tax of the goods described in tariff item 4001.30.02 of the tariff of the General tax Act export up to 10 years from the date of entry into force of this Treaty.
ANNEX TO ARTICLE 03.12

Marking

one country. For the purposes of this annex shall apply:
Final buyer: the last person who, in the territory of the importing party acquires well in the way it was imported. This buyer is not necessarily the user of the asset.
Common container: the container in which good comes, usually at the end buyer.

2. Each Party may require that a good of another Party imported into its territory, and having a brand of country of origin indicating the name of the country of origin to the ultimate purchaser of the property.
3. Each Party may require, among its general consumer information measures, that an imported good be marked country of origin in the manner prescribed for the goods of the importing Party.
4. By adopting, maintaining and applying any measure on the country of origin marking each Party will minimize the difficulties, costs and inconveniences that this measure may cause to the commerce and industry of the other Parties.
5. Each Party shall:
a) accept any reasonable method of marking of a good of another Party, such as the use of adhesive labels or pressure, tags or paint, to ensure that the brand can be seen with normal handling of the good or container, which is likely to be read easily and remain in the well until it reaches the final buyer unless intentionally removed;
B) relieve the origin marking requirement a good of another Party;
I) is not likely to be marked;
Ii) it can not be marked prior to export to the territory of another Party without causing injury;
Iii) it can not be marked except at a cost that is substantial in relation to its customs value so that export to the territory of the Party be discouraged;
Iv) can not be marked without materially impairing its function or substantially detracting from its appearance;
V) is in a container marked so that reasonably good source indicated the final buyer;
Vi) Sea crude material;
Vii) Go to undergo production in the territory of the importing Party, by the importer or on its behalf, so that result in the good becoming a good of the importing Party;
Viii) Due to its nature or the circumstances of its importation, the ultimate purchaser would reasonably know its country of origin, even if not marked;
Ix) it has been produced at least twenty years before importation;
X) it has been imported without the required marking and can not be marked later but at a cost that is substantial in relation to its customs value, provided that the omission of marking has not been intended to circumvent the marking requirements country of origin;
Xi) is in transit, warranty or available to the customs authority for purposes of tax-free temporary import or suspension of payment thereof; or
xii) Be an original work of art.
6. With the exception of the assets described in the 5th paragraph., Letter b), paragraphs vi, vii, viii, ix, xi and xii, a Party may provide that when a property is exempt from the marking requirement of country of origin in accordance with the 5th paragraph., letter b), the common outer container is marked so that the country of origin of the goods containing indicated.
7. Each Party shall provide that:
a) A common container imported empty, disposable or not, will not require the marking of their country of origin, but may be required that the container in which the common container is imported, be marked with the country of origin of their contents; and
b) A common container filled, disposable or not, will not require the marking of their country of origin, but may be required to be marked with the name of the country of origin of its content, unless your content is already marked and the easily openable container for inspection, or marking the content is clearly visible through the container.
8. Whenever legally and administratively feasible, each Party shall allow the importer to mark a good of a Party subsequent to importation but prior to release of the control or custody of the customs authorities, unless the importer has committed repeated violations of requirements country of origin marking of the Party and he has previously disclosed that it must be marked prior to importation.
9. Each Party shall provide that, except for importers who are being communicated in accordance with paragraph 8,., No tax or special sanction imposed for failure to comply with the marking requirements of the country of origin of that Party, unless the goods are removed from the control or custody of the customs authorities without being properly marked, or have set their marks misleading.
10. The Parties shall cooperate and consult each other on matters related to this Annex, including additional exemptions from the marking requirement of country of origin.
CHAPTER IV.
Automotive sector.

ARTICLE 4-01. DEFINITIONS. For the purposes of this chapter shall apply:

Model year: the period from the 1st. November of one year to 31 October of the following.
Integral buses: vehicles without chassis (frame) and integrated body intended for the transport of more than 16 people, including the driver, and are classified in heading 8702 (buses autoportantes.)
Real railcars goods that are classified in Annexes 1 and 2 of Article 04.02.
Trucks and trucks over 15 tons gross vehicle weight: vehicles chassis (frame) for the transport of goods, with a gross vehicle weight of 15,000 kilograms or more and are classified in subheading 8701.20 or
starting 8704. gross vehicle weight: the actual vehicle weight in kilograms, added to its maximum load capacity according to the manufacturer's specifications and its full fuel tank.
Used motor vehicle: a vehicle:
a) sold, leased or loaned;
B) Handled by more than:
i) 200 kilometers in the case of vehicles of gross vehicle weight less than five tons;
Ii) 2,000 kilometers, in the case of vehicles GVWR greater than or equal to five tons; or
c) Manufactured prior to current model year and that at least sixty days have elapsed from the date of manufacture.
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