WORLD TRADE  
ORGANIZATION  WT/REG211/1 
7 June 2006 
 
 (06-2704) 
Committee on Regional Trade Agreements Original:   English/ 
 Spanish 
 
 
DOMINICAN REPUBLIC - CENTRAL AMERICA - UNITED STATES  
FREE TRADE AGREEMENT 
 
  The following communication, dated 17 March 2006, is being circulated at the request of the 
Delegations of the United States and El Salvador.
∗ 
 
_______________ 
 
TABLE OF CONTENTS  
 
PREAMBLE ....................................................................................................................... ................................... 3  
CHAPTER ONE:  IN ITIAL PROVISIONS ............................................................................................... ........ 4  
CHAPTER TWO:  GENERAL DEFINITIONS.............................................................................................. ... 5 
CHAPTER THREE:  NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS...................... 9  
CHAPTER FOUR:  RULES OF ORIGIN AND ORIGIN PROCEDURES .................................................. 62  
CHAPTER FIVE :  CUSTOMS ADMINISTRATION AND TRADE FACILITATION............................. 78  
CHAPTER SIX:  SANITARY AND PHYTOSANITARY MEASURES ....................................................... 83  
CHAPTER SEVEN:  TECHNICAL  BARRIERS TO TRADE....................................................................... 86  
CHAPTER EIGHT:  TRADE REMEDIES ................................................................................................. ..... 91  
CHAPTER NINE:  GOVERNMENT PROCUREMENT ............................................................................... 98  
CHAPTER TEN:  INVESTMENT ....................................................................................................... ........... 156  
CHAPTER ELEVEN:  CROSS-BORDER  TRADE IN SE RVICES ............................................................ 180  
CHAPTER TWELVE:  FIN ANCIAL SERVICES ........................................................................................ 194  
CHAPTER THIRTEEN:  TELEC OMMUNICATI ONS............................................................................... 225  
CHAPTER FOURTEEN:  ELECTR ONIC COMME RCE ........................................................................... 242  
CHAPTER FIFTEEN:  INTELLECTU AL PROPERTY RIGHTS ............................................................. 244  
CHAPTER SIXTEE N:  LABOR........................................................................................................ .............. 270  
CHAPTER SEVENTEEN:  ENVIRONM ENT............................................................................................... 2 77 
CHAPTER EIGHTEEN:  TRANSPARENCY ............................................................................................... 2 87 
CHAPTER NINETEEN:  ADMINISTRATIO N OF THE AGREEMENT AND TRADE 
CAPACITY BUILDING.............................................................................................................. ....... 291  
                                                      
∗ The full text of the Agreement is  also available along with tari ff schedules and annexes at the 
following addresses:  http://www.ustr.gov/Trade_Agreements/Bilateral/CAFTA/CAFTA-
DR_Final_Texts/Section_Index.html  (English) and http://www.minec.gob.sv/default.asp?id=84&mnu=70  
(Spanish). 
 WT/REG211/1 
Page 2  
 
CHAPTER TWENTY:  DISP UTE SETTLEM ENT ...................................................................................... 295  
CHAPTER TWENTY-ONE:  EXCEPTIONS................................................................................................ 307 
CHAPTER TWENTY-TWO:  FINAL PROVISIONS................................................................................... 310 
APPENDIX 3.3.6 SPECIA L RULES OF ORIGIN 
ANNEX 4.1 SPECIFIC RULES OF ORIGIN 
ANNEX I ANNEX II ANNEX III 
SCHEDULE OF COSTA RICA TO ANNEX 3.3 
SCHEDULE OF THE DOMINICAN REPUBLIC TO ANNEX 3.3 SCHEDULE OF EL SALVADOR TO ANNEX 3.3 
SCHEDULE OF GUATEMALA TO ANNEX 3.3 
SCHEDULE OF HONDURAS TO ANNEX 3.3 SCHEDULE OF NICARAGUA TO ANNEX 3.3 
SCHEDULE OF THE UNITED STATES TO ANNEX 3.3 
 
 
 
    
 
    
 
     
 
    
 
     
 
     WT/REG211/1 
 Page 3 
 
 
THE DOMINICAN REPUBLIC – CENTRAL AMERICA – UNITED STATES   
FREE TRADE AGREEMENT 
 
 
PREAMBLE  
 
 The Government of the Republic of Costa Rica , the Government of the Dominican Republic, 
the Government of the Republic of El Salvador, the Government of the Republic of Guatemala, the 
Government of the Republic of Honduras, the Gov ernment of the Republic of Nicaragua, and the 
Government of the United States of America , resolved to:  
  Strengthen  the special bonds of friendship and cooperation among their nations and promote 
regional economic integration;   
 
 Contribute  to the harmonious development and e xpansion of world trade and provide a 
catalyst to broader international cooperation;  
 
 Create  an expanded and secure market for the goods and services produced in their territories 
while recognizing the differences in their levels of development and the size of their economies;  
 
 Avoid  distortions to their reciprocal trade;  
 
 Establish  clear and mutually advantageous rules governing their trade;  
 
 Ensure a predictable commercial framework for business planning and investment;  
 
 Build  on their respective rights and obligations under the Marrakesh Agreement Establishing 
the World Trade Organization  and other multilateral and bilatera l instruments of cooperation;  
 
 Seek  to facilitate regional trade by promoting e fficient and transparent customs procedures 
that reduce costs and ensure predictab ility for their importers and exporters; 
  Enhance the competitiveness of their firms in global markets;  
 
 Foster  creativity and innovation, and promote trad e in goods and services that are the subject 
of intellectual property rights;  
 
 Promote  transparency and eliminate bribery an d corruption in international trade and 
investment;  
 
 Create  new opportunities for economic and soci al development in the region;   
  Protect , enhance, and enforce basi c workers’ rights and strengthen their cooperation on labor 
matters;  
 
 Create  new employment opportunities and improve  working conditions and living standards 
in their respective territories;  
 
 Build  on their respective internationa l commitments on labor matters;  
 
 Implement t his Agreement in a manner consistent  with environmental protection and 
conservation, promote sustainable development, and strengthen their coope ration on environmental 
matters;  WT/REG211/1 
Page 4  
 
 Protect  and preserve the environment and enhance the means for doing so, including through 
the conservation of natural resources in their respective territories;    Preserve  their flexibility to safeguard the public welfare;  
 
 Recognize  the interest of the Central American Parties in strengthening and deepening their 
regional economic integration; and    
Contribute  to hemispheric integration and provide an impetus toward establishing the Free 
Trade Area of the Americas ;  
 
 Have agreed  as follows:  
  
CHAPTER ONE:  INITIAL PROVISIONS  
 
Article 1.1 
 
Establishment Of A Free Trade Area 
 
The Parties to this Agreement, c onsistent with Article XXIV of the General Agreement on 
Tariffs and Trade 1994  and Article V of the General Agreement on Trade in Services , hereby 
establish a free trade area.  
 
Article 1.2 
 
Objectives  
 
1. The objectives of this Agreement, as elaborat ed more specifically through its principles and 
rules, including national treatment, most-favored-n ation treatment, and transparency, are to:  
 
 (a) encourage expansion and diversifi cation of trade between the Parties;  
  (b) eliminate barriers to trade in, and fac ilitate the cross-border m ovement of, goods and 
  services between the territories of the Parties;    (c) promote conditions of fair competition in the free trade area;  
 
 (d) substantially increase investment opportun ities in the territories of the Parties;  
  (e) provide adequate and effective protec tion and enforcement of intellectual property 
  rights in each Party’s territory;  
 
 (f) create effective procedures for the implemen tation and application of this Agreement, 
  for its joint administration, and for the resolution of disputes; and    (g) establish a framework for further bilate ral, regional, and mu ltilateral cooperation to 
  expand and enhance the benef its of this Agreement.   
 
2. The Parties shall interpret and apply the provi sions of this Agreement in the light of its 
objectives set out in paragraph 1 and in accordance w ith applicable rules of international law.  
 
  WT/REG211/1 
 Page 5 
 
 
Article 1.3 
 
Relation To Other Agreements  
1. The Parties affirm their existing rights and ob ligations with respect to each other under the 
WTO Agreement and other agreements to which such Parties are party.  
2. For greater certainty, nothing in this Agreem ent shall prevent the Central American Parties 
from maintaining their existing legal instruments of Central American integra tion, adopting new legal 
instruments of integration, or adopting measures to  strengthen and deepen these instruments, provided 
that such instruments and measures are not  inconsistent with this Agreement.  
Article 1.4 
 
Extent Of Obligations  
The Parties shall ensure that all necessary measur es are taken in order to give effect to the 
provisions of this Agreement, including their obs ervance, except as otherwise provided in this 
Agreement, by state governments.  
 
 
CHAPTER TWO:  GENERAL DEFINITIONS  
 
Article 2.1 
 
Definitions Of General Application  
For purposes of this Agreement, unless otherwise specified:  
 
 Central America  means the Republics of Costa Rica, El Salvador, Guatemala, Honduras, 
and Nicaragua;  
 
 central level of government  means:  
 
 (a)  for Costa Rica, the Dominican Republ ic, El Salvador, Guatemala, Honduras, and
 Nicaragua, the national level of government; and  
  (b)  for the United States, the federal level of government;   
 Commission  means the Free Trade Commission established under Article 19.1 (The Free 
Trade Commission);  
 
 covered investment  means, with respect to a Party, an investment, as defined in Article 10.28 
(Definitions), in its territory of an investor of anot her Party in existence as of the date of entry into 
force of this Agreement or established,  acquired, or expanded thereafter;  
 
 customs authority means the competent authority that is responsible under the law of a Party 
for the administration of customs laws and regulations;  
 
 customs duty includes any customs or import duty and a charge of any kind imposed in 
connection with the importation of a good, including any form of surtax or surcharge in connection 
with such importation, but does not include any:  WT/REG211/1 
Page 6  
 
 
(a) charge equivalent to an internal tax im posed consistently with Article III:2 of the 
GATT 1994, in respect of like, directly competitive, or substitutable goods of the Party, or in respect of goods from which the imported good has been manufactured or produced in whole or in part;  
(b) antidumping or countervailing duty that is applied pursuant to a Party’s domestic law; 
or  
(c) fee or other charge in connection with importation commensurate with the cost of 
services rendered;  
 Customs Valuation Agreement  means the WTO Agreement on Implementation of 
Article VII of the General Agreement on Tariffs and Trade 1994 ;  
 
 days  means calendar days;  
  enterprise  means any entity constituted or organized under applicable law, whether or not for 
profit, and whether privately-owned or government ally-owned, including any corporation, trust, 
partnership, sole proprietorship, joint venture, or other association;  
 
 enterprise of a Party  means an enterprise constituted or organized under the law of a Party;  
  existing  means in effect on the date of entry into force of this Agreement;  
 
 GATS  means the WTO General Agreement on Trade in Services;  
 
 GATT 1994  means the WTO  General Agreement on Tariffs and Trade 1994 ;  
  goods of a Party  means domestic products as these ar e understood in the GATT 1994 or such 
goods as the Parties may agree, and includes originating goods of that Party;  
  Harmonized System (HS)  means the Harmonized Commodity Description and Coding 
System , including its General Rules of Interpretation, Section Notes, and Chapter Notes, as adopted 
and implemented by the Parties in their respective tariff laws;   
 heading  means the first four digits in the ta riff classification number under the Harmonized 
System;  
 measure  includes any law, regulation, procedure, requirement, or practice;  
 
 national  means a natural person who has the national ity of a Party according to Annex 2.1 or 
permanent resident of a Party;    originating means qualifying under the rules of origin  set out in Chapter Four (Rules of 
Origin and Origin Procedures); 
 Party means any State for which this Agreement is in force; 
 person  means a natural person or an enterprise;  
 person of a Party  means a national or an enterprise of a Party;  
  WT/REG211/1 
 Page 7 
 
 
 preferential tariff treatment  means the duty rate applicable under this Agreement to an 
originating good;    procurement means the process by which a government obtains the use of or acquires goods 
or services, or any combination thereof, for govern mental purposes and not with a view to commercial 
sale or resale or with a view to use in the pr oduction or supply of goods or services for commercial 
sale or resale;    regional level of government  means, for the United States, a state of the United States, the 
District of Columbia, or Puerto Rico.  For Costa Rica, the Dominican Republic, El Salvador, 
Guatemala, Honduras, and Nicaragua, “regional level of government” is not applicable;  
 
 Safeguards Agreement means the WTO Agreement on Safeguards ;  
 
 sanitary or phytosanitary measure  means any measure referred to in Annex A, paragraph 1 
of the SPS Agreement;    SPS Agreement  means the WTO Agreement on the Application of Sanitary and 
Phytosanitary Measures ;  
  state enterprise  means an enterprise that is owned, or  controlled through ownership interests, 
by a Party;    subheading  means the first six digits in the tariff classification number under the Harmonized  
System;  
  territory  means for a Party the territory of that Party as set out in Annex 2.1;  
  TRIPS Agreement  means the WTO Agreement on Trade-Related Aspects of Intellectual 
Property Rights ;  
  WTO  means the World Trade Organization; and  
  WTO Agreement  means the Marrakesh Agreement Establishing the World Trade 
Organization , done on April 15, 1994.  
 
 
ANNEX 2.1:  COUNTRY-SPECIFIC DEFINITIONS  
 
For purposes of this Agreement, unless otherwise specified:   
 
 natural person who has the nationality of a Party  means:  
 
(a) with respect to Costa Rica, a costarricense as defined in Articles 13 and 14 of the 
Constitución Política de la República de Costa Rica ;  
(b) with respect to the Dominican Republic, a dominicano  as defined in Article 11 of the 
Constitución de la República Dominicana ;  
(c) with respect to El Salvador, a salvadoreño as defined in Articles 90 and 92 of the 
Constitución de la República de El Salvador ;  WT/REG211/1 
Page 8  
 
(d) with respect to Guatemala, a guatemalteco as defined in Articles 144, 145 and 146 of 
the Constitución de la Rep ública de Guatemala ;  
(e) with respect to Honduras, a hondureño as defined in Articles 23 and 24 of the 
Constitución de la República de Honduras ;  
(f) with respect to Nicaragua, a nicaragüense  as defined in Article 15 of the Constitución 
Política de la República de Nicaragua ; and  
(g) with respect to the Unite d States, “national of the United States” as defined in the 
existing provisions of the Immigration and Nationality Act ; and  
 territory  means:  
 
(a) with respect to Costa Rica, the land, maritime, and air space under its sovereignty
1and 
the exclusive economic zone and the con tinental shelf within which it exercises 
sovereign rights and jurisdiction in accordan ce with international law and its domestic 
law;  
(b) with respect to the Dominican Republic, the land, maritime, and air space under its 
sovereignty and the exclusive economic zone  and the continental shelf within which 
it exercises sovereign rights and jurisdiction in accordance with international law and 
its domestic law;  
(c) with respect to El Salvador, the land,  maritime, and air space under its sovereignty 
and the exclusive economic zone and the c ontinental shelf within which it exercises 
sovereign rights and jurisdiction in accordan ce with international law and its domestic 
law;  
(d)  with respect to Guatemala, the land, maritime, and air space under its sovereignty and 
the exclusive economic zone and the con tinental shelf within which it exercises 
sovereign rights and jurisdiction in accordan ce with international law and its domestic 
law;  
(e)  with respect to Honduras, the land, maritime, and air space under its sovereignty and 
the exclusive economic zone and the con tinental shelf within which it exercises 
sovereign rights and jurisdiction in accordan ce with international law and its domestic 
law;  
(f)  with respect to Nicaragua, the land, mar itime, and air space under its sovereignty and 
the exclusive economic zone and the con tinental shelf within which it exercises 
sovereign rights and jurisdiction in accordan ce with international law and its domestic 
law; and  
(g) with respect to the United States,  
(i) the customs territory of the United St ates, which includes the 50 states, the 
District of Columbia, and Puerto Rico,  
(ii) the foreign trade zones located in th e United States and Puerto Rico, and  
                                                      
1 For greater certainty, the territory  of Costa Rica includes Coco Island.  WT/REG211/1 
 Page 9 
 
 
(iii) any areas beyond the territorial seas of the United States within which, in 
accordance with international law and its domestic law, the United States may exercise rights with respect to th e seabed and subsoil and their natural 
resources.  
 
CHAPTER THREE:  NATIONAL TREATM ENT AND MARKET ACCESS FOR GOODS  
 
Article 3.1 
 
Scope And Coverage 
 
 Except as otherwise provided, this Chapter applies to trade in goods of a Party.  
 
Section A: National Treatment  
 
Article 3.2 
 
National Treatment  
1. Each Party shall accord national treatment to the goods of another Party in accordance with 
Article III of the GATT 1994, including its interpretiv e notes, and to this end Article III of the 
GATT 1994 and its interpretative notes are incorporated  into and made part of this Agreement, 
mutatis mutandis .  
2. The provisions of paragraph 1 regarding nationa l treatment shall mean, with respect to a 
regional level of government, treatment no less favorable than the most favorable treatment that regional level of government accords to any like, di rectly competitive, or substitutable goods, as the 
case may be, of the Party of which it forms a part.   
3. Paragraphs 1 and 2 shall not apply to the measures set out in Annex 3.2.  
Section B: Tariff Elimination 
 
 
Article 3.3 
 
Tariff Elimination  
1. Except as otherwise provided in this Agreement, no Party may increase any existing customs 
duty, or adopt any new customs duty, on an originating good.   
2. Except as otherwise provided in this Agreement,  each Party shall progressively eliminate its 
customs duties on originating goods, in accordance with Annex 3.3.1  
3. For greater certainty, paragraph 2 shall not pr event a Central American Party from providing 
identical or more favorable tariff treatment to a good as provided for under the legal instruments of 
                                                      
 1 For greater certainty, except as otherwise provid ed in this Agreement, each  Central American Party 
and the Dominican Republic shall provide that any originating good is entitled to the tariff treatment for the 
good set out in its Schedule to Annex 3.3, regardless of whether the good is imported into its territory from the territory of the United States or any other Party.  An originating good may include a good produced in a Central 
American Party or the Dominican Republic with materials from the United States.  
 WT/REG211/1 
Page 10  
 
Central American integration, provided that the good meets the rules of origin under those 
instruments.  
4. On the request of any Party, the Parties shall consult to consider accelerating the elimination 
of customs duties set out in their Schedules to Annex 3.3.  Notwithstanding Article 19.1.3(b) (The Free Trade Commission), an agreement between two or more Parties to accelerate the elimination of a 
customs duty on a good shall supercede any duty rate or  staging category determined pursuant to their 
Schedules to Annex 3.3 for such good when appr oved by each such Part y in accordance with its 
applicable legal procedures.  Promptly after two or more Parties conclude an agreement under this 
paragraph they shall notify the other Par ties of the terms of that agreement.  
5. For greater certainty, a Party may:  
(a) raise a customs duty back to the level established in its Schedule to Annex 3.3 
following a unilateral reduction; or  
(b) maintain or increase a customs duty as author ized by the Dispute Settlement Body of 
the WTO.  
6. Annex 3.3.6 applies to the Parties specified in that Annex.  
Section C: Special Regimes 
 
 
Article 3.4 
 
Waiver Of Customs Duties  
1. No Party may adopt any new waiver of customs duties, or expand with respect to existing 
recipients or extend to any new recipient the app lication of an existing waiver of customs duties, 
where the waiver is conditioned, explicitly or implicitly, on the fulfillment of a performance 
requirement.  
2. No Party may, explicitly or implicitly, condition on the fulfillment of a performance 
requirement the continuation of any existing waiver of customs duties.  
3. Costa Rica, the Dominican Republic, El Salva dor, and Guatemala may each maintain existing 
measures inconsistent with paragr aphs 1 and 2, provided it maintains such measures in accordance 
with Article 27.4 of the SCM Agreement.  Cost a Rica, the Dominican Republic, El Salvador, and 
Guatemala may not maintain any such measures after December 31, 2009.  
4. Nicaragua and Honduras may each maintain measur es inconsistent with paragraphs 1 and 2 
for such time as it is an Annex VII country fo r purposes of the SCM Agreement.  Thereafter, 
Nicaragua and Honduras shall maintain any such m easures in accordance with Article 27.4 of the 
SCM Agreement.   
Article 3.5 
 
Temporary Admission Of Goods  
1. Each Party shall grant duty-free temporary ad mission for the following goods, regardless of 
their origin:  
(a) professional equipment, including equipment for the press or television, software and 
broadcasting and cinematographic equipment,  necessary for carrying out the business  WT/REG211/1 
 Page 11 
 
 
activity, trade, or profession of a business person who qualifies for temporary entry 
pursuant to the laws of the importing Party;  
(b) goods intended for display or demonstration;  (c) commercial samples and advertis ing films and recordings; and  
(d) goods admitted for sports purposes.  
2. Each Party shall, at the request of the pers on concerned and for reasons its customs authority 
considers valid, extend the time limit for temporar y admission beyond the period initially fixed.  
3. No Party may condition the duty-free tem porary admission of a good referred to in 
paragraph 1, other than to require that such good:  
(a) be used solely by or under the personal  supervision of a national or resident of 
another Party in the exercise of the business ac tivity, trade, profession, or sport of that 
person;  
(b) not be sold or leased while in its territory;  (c) be accompanied by a security in an amount  no greater than the charges that would 
otherwise be owed on entry or final impor tation, releasable on exportation of the 
good;  
(d) be capable of identification when exported;  (e) be exported on the departure of the person referenced in subparagr aph (a), or within 
such other period related to the purpose of the temporary admission as the Party may establish, or within one year, unless extended;  
(f) be admitted in no greater quantity than is reasonable for its intended use; and  
(g) be otherwise admissible into the Party’s territory under its law.  
4. If any condition that a Party imposes under para graph 3 has not been fulfilled, the Party may 
apply the customs duty and any other charge that would normally be owed on the good plus any other 
charges or penalties provided for under its law.  
5. Each Party, through its customs authority, shall adopt procedures providing for the 
expeditious release of goods admitte d under this Article.  To the extent possible, such procedures shall 
provide that when such a good accompanies a nationa l or resident of another Party who is seeking 
temporary entry, the good shall be released simultaneous ly with the entry of that national or resident.  
6. Each Party shall permit a good temporarily ad mitted under this Article to be exported through 
a customs port other than that through which it was admitted.  
7. Each Party shall provide that its customs aut hority or other competent authority shall relieve 
the importer or other person responsible for a good admitted under this Article from any liability for 
failure to export the good on presentation of satis factory proof to the importing Party’s customs 
authority that the good has been destroyed within th e original period fixed for temporary admission or 
any lawful extension.  
8. Subject to Chapters Ten (Investment) and Eleven (Cross-Border Trade in Services):  WT/REG211/1 
Page 12  
 
(a) each Party shall allow a vehicle or container used in international traffic that enters its 
territory from the territory of another Party to exit its territory on any route that is reasonably related to the economic and prompt departure of such vehicle or container;  
(b) no Party may require any bond or impose any penalty or charge solely by reason of 
any difference between the port of entry and the port of departure of a vehicle or 
container;  
(c) no Party may condition the release of any obligation, including any bond, that it 
imposes in respect of the entry of a vehicle or  container into its territory on its exit 
through any particular port of departure; and  
(d) no Party may require that the vehicle or carrier bringing a container from the territory 
of another Party into its territory be the same vehicle or carrier that takes such 
container to the territory of another Party.  
9. For purposes of paragraph 8, vehicle  means a truck, a truck tractor, tractor, trailer unit or 
trailer, a locomotive, or a railway car or other railroad equipment.  
Article 3.6 
 
Goods Re-Entered After Repair Or Alteration 
 
1. No Party may apply a customs duty to a good, regardless of its origin, that re-enters its 
territory after that good has been temporarily export ed from its territory to the territory of another 
Party for repair or alteration, regardless of whether such repair or alteration could be performed in the 
territory of the Party from which the good was exported for repair or alteration.  
2. No Party may apply a customs duty to a good, re gardless of its origin, admitted temporarily 
from the territory of another Party for repair or alteration.  
3. For purposes of this Article, repair or alteration  does not include an operation or process 
that:  
(a) destroys a good’s essential characteristics or  creates a new or commercially different 
good; or  
(b) transforms an unfinished good into a finished good.  
Article 3.7 
 
Duty-Free Entry Of Commercial Samples Of Neg ligible Value And Printed Advertising Materials  
 Each Party shall grant duty-free entry to co mmercial samples of negligible value and to 
printed advertising materials, impor ted from the territory of another Party, regardless of their origin, 
but may require that:   
(a) such samples be imported solely for the solicitation of orders for goods, or services 
provided from the territory, of another Party or a non-Party; or  
(b) such advertising materials be imported in packets that each contain no more than one 
copy of each such material and that neither such materials nor packets form part of a 
larger consignment.   WT/REG211/1 
 Page 13 
 
 
Section D: Non-Tariff Measures  
 
Article 3.8 
 
Import And Export Restrictions  
1. Except as otherwise provided in this Agreem ent, 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 in accordance with Article XI 
of the GATT 1994 and its interpretative notes, and to  this end Article XI of the GATT 1994 and its 
interpretative notes are incorporated into and made a part of this Agreement, mutatis mutandis .2  
2. The Parties understand that the GATT 1994 rights and obligations incorporated by paragraph 
1 prohibit, in any circumstances in which any other form of restriction is prohibited, a Party from adopting or maintaining:  
(a) export and import price requirements, except as permitted in enforcement of 
countervailing and antidumping dut y orders and undertakings;  
(b) import licensing conditioned on the fulfillmen t of a performance requirement, except 
as provided in a Party’s Schedule to Annex 3.3; or  
(c) voluntary export restraints inconsistent with Article VI of the GATT 1994, as 
implemented under Article 18 of the SCM Agreement and Article 8.1 of the AD 
Agreement.  
3. In the event that a Party adopts or maintains a prohibition or restriction on the importation 
from or exportation to a non-Party of a good, nothing in this Agreement shall be construed to prevent 
the Party from:  
(a) limiting or prohibiting the importation from the territory of another Party of such 
good of that non-Party; or  
(b) requiring as a condition of export of such good of the Party to the territory of another 
Party, that the good not be re-exported to the non-Party, directly or indirectly, without 
being consumed in the territory of the other Party.  
4. In the event that a Party adopts or maintains a prohibition or restriction on the importation of 
a good from a non-Party, the Parties, on the request of any Party, shall consult with a view to avoiding 
undue interference with or distortion of pricing, ma rketing, or distribution arrangements in another 
Party.  
5. Paragraphs 1 through 4 shall not apply to the measures set out in Annex 3.2.  
6. Neither a Central American Party nor the Dominican Republic may, as a condition for 
engaging in importation or for the import of a good, require a person of another Party to establish or 
maintain a contractual or other relationshi p with a dealer in its territory.    
7. Neither a Central American Party nor the Do minican Republic may remedy a violation or 
alleged violation of any law, regulation, or othe r measure regulating or otherwise relating to the 
                                                     
 
 2 For greater certainty, this paragraph applies, inter alia , to prohibitions or restrictions on the 
importation of remanufactured goods.   
 WT/REG211/1 
Page 14  
 
relationship between any dealer in its territory an d any person of another Party, by prohibiting or 
restricting the importation of any good of another Party.  
8. For purposes of this Article:  
 dealer  means a person of a Party who is responsible for the distribution, agency, concession, 
or representation in the territory of that Party of goods of another Party; and  
 
 remedy means to obtain redress or impose a penalty, including through a provisional, 
precautionary, or permanent measure.  
 
Article 3.9 
 
Import Licensing 
 
1. No Party may adopt or maintain  a measure that is inconsistent with the Import Licensing 
Agreement.  
2. Promptly after entry into force of this Agreemen t, each Party shall notify the other Parties of 
any existing import licensing procedures, and thereaf ter shall notify the other Parties of any new 
import licensing procedure and any modification to its  existing import licensing procedures, within 60 
days before it takes effect. A notifica tion provided under this Article shall:   
(a) include the information specified in Article  5 of the Import Licensing Agreement; and  
(b) be without prejudice as to whether the impor t licensing procedure is consistent with 
this Agreement.  
3. No Party may apply an import licensing procedure to a good of another Party unless it has 
provided notification in accordance with paragraph 2.  
Article 3.10 
 
Administrative Fees And Formalities  
1. Each Party shall ensure, in accordance with  Article VIII:1 of the GATT 1994 and its 
interpretive notes, that all fees and charges of whatev er character (other than  customs duties, charges 
equivalent to an internal tax or other internal ch arge applied consistently with Article III:2 of the 
GATT 1994, and antidumping and countervailing duti es) imposed on or in connection with 
importation or exportation are limited in amount to the approximate cost of services rendered and do 
not represent an indirect protection to domestic produc ts or a taxation of imports or exports for fiscal 
purposes.  
2. No Party may require consular transactions, incl uding related fees and charges, in connection 
with the importation of any good of another Party.  
3. Each Party shall make available and maintain through the Internet a current list of the fees 
and charges it imposes in connection with importation or exportation.  
4. The United States shall eliminate its merchandise processing fee on originating goods.  
 
  WT/REG211/1 
 Page 15 
 
 
Article 3.11 
 
Export Taxes  
Except as provided in Annex 3.11, no Party may adopt or maintain any duty, tax, or other 
charge on the export of any good to the territory of another Party, unless such duty, tax, or charge is 
adopted or maintained on any such good:  
 
(a) when exported to the territories of all other Parties; and  
(b) when destined for domestic consumption.  
Section E: Other Measures  
 
Article 3.12 
 
Distinctive Products  
1. Each Central American Party and the Domini can Republic shall recognize Bourbon Whiskey 
and Tennessee Whiskey, which is a straight Bourbon Whiskey authorized to be produced only in the 
State of Tennessee, as distinctive products of the Un ited States.  Accordingly, those Parties shall not 
permit the sale of any product as Bourbon Whis key or Tennessee Whiskey, unless it has been 
manufactured in the United States in accordance with the laws and regulations of the United States 
governing the manufacture of Bourbo n Whiskey and Tennessee Whiskey.  
2. At the request of a Party, the Committee on Trade in Goods shall consider whether to 
recommend that the Parties amend the Agreement to  designate a good as a distinctive product for 
purposes of this Article.  
Section F: Agriculture  
 
Article 3.13 
 
Administration And Implementation Of Tariff-Rate Quotas   
1. Each Party shall implement and administer th e tariff-rate quotas for agricultural goods set out 
in Appendix I or, if applicable, Appendix II or III to  its Schedule to Annex 3.3 (hereafter “TRQs”) in 
accordance with Article XIII of the GATT 1994, including its interpretive notes, and the Import 
Licensing Agreement.    
2. Each Party shall ensure that:  
(a) its procedures for administering its TRQs are transparent, made available to the 
public, timely, nondiscriminatory, respons ive to market conditions, minimally 
burdensome to trade, and reflect end user preferences;  
(b) any person of a Party that fulfills the Pa rty’s legal and administrative requirements 
shall be eligible to apply and to be considered for an import license or quota 
allocation under the Party’s TRQs;   
(c) it does not allocate any portion of a quota to an industry association or non-
governmental organization, except as otherwise provided in this Agreement;  WT/REG211/1 
Page 16  
 
(d) solely government authorities administer  its TRQs, except as otherwise provided in 
this Agreement; and  
(e) it allocates quotas under its TRQs in commercia lly viable shipping quantities and, to 
the maximum extent possible, in the amounts that importers request.  
3. Each Party shall strive to administer its TRQs in a manner that allows importers to fully 
utilize import quotas.  
4. No Party may condition application for, or utilization of, import licenses or quota allocations 
under its TRQs on the re-export of an agricultural good.  
5. No Party may count food aid or other non-comme rcial shipments in determining whether an 
import quota under its TRQs has been filled.  
6. On request of any Party, an importing Party sh all consult with the re questing Party regarding 
the administration of its TRQs.  
Article 3.14 
 
Agricultural Export Subsidies 
 
1. The Parties share the objective of the multila teral elimination of export subsidies for 
agricultural goods and shall work together toward  an agreement in the WTO to eliminate those 
subsidies and prevent their reintroduction in any form.  
2. Except as provided in paragraph 3, no Party may introduce or maintain any export subsidy on 
any agricultural good destined for the territory of another Party.  
3. Where an exporting Party considers that a non-Party is exporting an agricultural good to the 
territory of another Party with the benefit of e xport subsidies, the importing Party shall, on written 
request of the exporting Party, consult with the ex porting Party with a view to agreeing on specific 
measures that the importing Party may adopt to counte r the effect of such subsidized imports.  If the 
importing Party adopts the agreed-on measures, th e exporting Party shall refrain from applying any 
subsidy to its exports of the good to the territory of the importing Party.  If the importing Party does 
not adopt the agreed-on measures, the exporting Part y may apply an export subsidy on its exports of 
the good to the territory of the importing Party only  to the extent necessary to counter the trade-
distorting effect of subsidized exports of th e good from the non-Party to the importing Party’s 
territory.  
Article 3.15 
 
Agricultural Safeguard Measures  
 
1. Notwithstanding Article 3.3, each Party may appl y a measure in the form of an additional 
import duty on an agricultural good listed in that Party’s Schedule to Annex 3.15, provided that the 
conditions in paragraphs 2 throu gh 7 are met.  The sum of any such additional import duty and any 
other customs duty on such good shall not exceed the lesser of:  
(a) the prevailing most-favored-nation (MFN) applied rate of duty; or  
(b) the MFN applied rate of duty in effect on the day immediately preceding the date of 
entry into force of this Agreement.   WT/REG211/1 
 Page 17 
 
 
2. A Party may apply an agricultural safeguard me asure during any calendar year if the quantity 
of imports of the good during such year exceeds the trigger level for that good set out in its Schedule 
to Annex 3.15.  
3. The additional duty under paragr aph 1 shall be set according to each Party’s Schedule to 
Annex 3.15.  
4. No Party may apply an agricultural safeguard  measure and at the same time apply or 
maintain:  
(a) a safeguard measure under Chapter Eight (Trade Remedies); or   
(b) a measure under Article XIX of the GATT 1994 and the Safeguards Agreement;   
with respect to the same good.  
 
5. No Party may apply or maintain an  agricultural safeguard measure:  
(a) on or after the date that a good is subject  to duty-free treatment  under the Party’s 
Schedule to Annex 3.3; or  
(b) that increases the in-quota duty on a good subject to a TRQ.  
6. Each Party shall implement an agricultural safeguard measure in a transparent manner.  
Within 60 days after applying a measure, a Party shall notify any Party whose good is subject to the 
measure, in writing, and shall provide it relevant data concerning the measure.  On request, the Party 
applying the measure shall consult with any Part y whose good is subject to the measure regarding 
application of the measure.  
7. A Party may maintain an agricultural safeguard  measure only until the end of the calendar 
year in which the Party applies the measure.  
8. The Commission and the Committee on Agricultu ral Trade may review the implementation 
and operation of this Article.  
9. For purposes of this Article and Annex 3.15, agricultural safeguard measure  means a 
measure described in paragraph 1.  
Article 3.16 
 
Sugar Compensation Mechanism  
1. In any year, the United States may, at its option, apply a mechanism that results in 
compensation to a Party’s exporters of sugar goods in  lieu of according duty-free treatment to some or 
all of the duty-free quantity of sugar goods established for that Party in Appendix I to the Schedule of 
the United States to Annex 3.3. Such compensation shall be equivalent to the estimated economic 
rents that the Party’s exporters would have obtai ned on exports to the United States of any such 
amounts of sugar goods and shall be provided within 30 days after the United States exercises this 
option. The United States shall notify the Party at le ast 90 days before it exercises this option and, on 
request, shall enter into consultations with the Party regarding application of the mechanism.  
2. For purposes of this Article, sugar good  means a good provided for in the subheadings listed 
in subparagraph 3(c) of Appendix I to the Sche dule of the United States to Annex 3.3.     WT/REG211/1 
Page 18  
 
Article 3.17 
 
Consultations On Trade In Chicken 
 
The Parties shall consult on, and review  the implementation and operation of the 
Agreement as it relates to, trade in chicken in the nint h year after the date of entry into force of this 
Agreement.  
 
Article 3.18 
 
Agriculture Review Commission  
The Parties shall establish an Agriculture Revi ew Commission in the 14th year after the date 
of entry into force of this Agreement to review the implementation and operation of the Agreement as 
it relates to trade in agricultural goods.  The Agriculture Review Commission shall evaluate the 
effects of trade liberalization under the Agreem ent, the operation of Article 3.15 and possible 
extension of agricultural safeguard measures under that Article, progress toward global agricultural 
trade reform in the WTO, and developments in wo rld agricultural markets. The Agriculture Review 
Commission shall report its findings and any recommendations to the Commission.   
 
Article 3.19 
 
Committee On Agricultural Trade  
1. Not later than 90 days after the date of entry into force of this Agreement, the Parties shall 
establish a Committee on Agricultural Trade, comprising representatives of each Party.   
2. The Committee shall provide a forum for:  
(a) monitoring and promoting cooperation on th e implementation and administration of 
this Section;  
(b) consultation between the Parties on matters related to this Section in coordination 
with other committees, subcommittees, wo rking groups, or other bodies established 
under this Agreement; and  
(c) undertaking any additional work th at the Commission may assign.   
3. The Committee shall meet at least once a year unless it decides otherwise.  Meetings of the 
Committee shall be chaired by the representa tives of the Party hosting the meeting.  
4. All decisions of the Committee shall be take n by consensus, unless the Committee otherwise 
decides.  
Section G: Textiles and Apparel  
 
Article 3.20 
 
Refund Of Customs Duties  
1. On request of an importer, a Party shall re fund any excess customs duties paid in connection 
with the importation into its territory of an orig inating textile or apparel good between January 1, 
2004 and the date of entry into force of this Agreem ent for that Party.  For purposes of applying this  WT/REG211/1 
 Page 19 
 
 
Article, the importing Party shall cons ider a good to be originating if the Party would have considered 
the good to be originating had it been imported into its territory on the date of entry into force of this 
Agreement for that Party.     
2. Paragraph 1 shall not apply with respect to tex tile or apparel goods im ported into, or imported 
from, the territory of a Party if it provides written notice to the other Parties by no later than 90 days 
before the date of entry into force of this Agre ement for that Party that it will not comply with 
paragraph 1.  
3. Notwithstanding paragraph 2, paragraph 1 shall a pply with respect to textile or apparel goods 
imported from the territory of a Party if it provides written notice to the other Parties by no later than 90 days before the date of entry into force of th is Agreement for that Party that it shall provide a 
benefit for textile or apparel goods  imported into its territory that  the importing and exporting Parties 
have agreed is equivalent to the benefit provided in paragraph 1.  
4. This Article shall not apply to a textile or apparel good that qualifi es for preferential tariff 
treatment under Article 3.21, 3.27, or 3.28.  
Article 3.21 
 
Duty-Free Treatment For Certain Goods 
 
1. An importing and an exporting Party may identify at any time particular textile or apparel 
goods of the exporting Party that they mutually agree fall within:  
(a) hand-loomed fabrics of a cottage industry;  
(b) hand-made cottage industry goods made of such hand-loomed fabrics; or  
(c) traditional folklore handicraft goods.  
2. The importing Party shall grant duty-free treatment to goods so identified, if certified by the 
competent authority of the exporting Party.  
Article 3.22 
 
Elimination Of Existing Quantitative Restrictions  
Not later than the date of entry into for ce of this Agreement, the United States shall 
eliminate the existing quantitative restrictions it maintains under the Agreement on Textiles and 
Clothing as set out in Annex 3.22.  
 
Article 3.23 
 
Textile Safeguard Measures  
1. Subject to the following paragraphs, and during the transition period only, if, as a result of the 
reduction or elimination of a duty provided for in this  Agreement, a textile or  apparel good of another 
Party is being imported into the territory of a Part y in such increased quantities,  in absolute terms or 
relative to the domestic market for that good, and under such conditions as to cause serious damage, 
or actual threat thereof, to a domestic industry  producing a like or directly competitive good, the 
importing Party may, to the extent necessary to pr event or remedy such damage and to facilitate WT/REG211/1 
Page 20  
 
adjustment, apply a textile safeguard measure to that  good, consisting of an increase in the rate of duty 
on the good to a level not to exceed the lesser of:  
(a) the most-favored-nation (MFN) applied rate of duty in effect at the time the measure 
is applied; and  
(b) the MFN applied rate of duty in effect on the date of entry into force of this 
Agreement.  
2. In determining serious damage, or actual threat thereof, the importing Party:  
(a) shall examine the effect of increased imports  of the good of the other Party on the 
particular industry, as reflected in chang es in such relevant economic variables as 
output, productivity, utilization of capacity, in ventories, market share, exports, wages, 
employment, domestic prices, profits, and inv estment, none of which, either alone or 
combined with other factors, shall necessarily be decisive; and  
(b) shall not consider changes in technolo gy or consumer preference as factors 
supporting a determination of serious da mage or actual threat thereof.  
3. The importing Party may apply a textile safeguard  measure only following an investigation by 
its competent authority.   
4. If, on the basis of the results of the inves tigation under paragraph 3, the importing Party 
intends to apply a textile safeguard measure, the importing Party shall promptly provide written notice 
to the exporting Party of its intent to apply a textile  safeguard measure, and on request shall enter into 
consultations with that Party.  The importi ng Party and the exporting Party shall begin the 
consultations without delay and sha ll complete them within 60 days of the date of receipt of the 
request. The importing Party shall make a decision on whether to apply a safeguard measure within 30 
days of completion of the consultations.  
5. The following conditions and limitations a pply to any textile safeguard measure:  
(a) no Party may maintain a textile safeguard me asure for a period exceeding three years;  
(b) no Party may apply a textile safeguard me asure to the same good of another Party 
more than once;   
(c) on termination of the textile safeguard meas ure, the Party applying the measure shall 
apply the rate of duty set out in its Schedul e to Annex 3.3, as if the measure had never 
been applied; and  
(d) no Party may maintain a textile safeguard  measure beyond the transition period.  
6. The Party applying a textile safeguard measure shall provide to the Party against whose good 
the measure is taken mutually agreed trade liber alizing compensation in the form of concessions 
having substantially equivalent trade effects or equivalent to the value of the additional duties 
expected to result from the textile safeguard measure.  Such concessions shall be limited to textile or 
apparel goods, unless the consulting Parties otherwise agree.  If the consulting Parties are unable to 
agree on compensation within 30 days of application of a textile safeguard measure, the Party against 
whose good the measure is taken may take tariff action having trade eff ects substantially equivalent to 
the trade effects of the textile safeguard measure.  Such tariff action may be taken against any goods 
of the Party applying the measure.  The Party taki ng the tariff action shall apply such action only for 
the minimum period necessary to achieve the substa ntially equivalent trade effects.  The importing  WT/REG211/1 
 Page 21 
 
 
Party’s obligation to provide trade compensation a nd the exporting Party’s right to take tariff action 
shall terminate when the textile safeguard measure terminates.  
7. (a)  Each Party retains its rights and ob ligations under Article XIX of the GATT 1994 and 
the Safeguards Agreement.    
 
(b)  No Party may apply, with respect to  the same good at the same time, a textile 
safeguard measure and:  
 
(i) a safeguard measure under Chapter Eight (Trade Remedies); or  
(ii) a measure under Article XIX of the GATT 1994 and the Safeguards 
Agreement.  
Article 3.24 
 
Customs Cooperation3 
1. The customs authorities of the Parties shall cooperate for purposes of:  
(a) enforcing or assisting in the enforcement of their respective laws, regulations, and 
procedures affecting trade in  textile or apparel goods;  
(b) ensuring the accuracy of claims of origin for textile or apparel goods; and   
(c) deterring circumvention of laws, regula tions, and procedures of any Party or 
international agreements affecting trade in textile or apparel goods.  
2.  (a)  On the written request of an importing Party, an exporting Party shall conduct a 
verification for purposes of enabling the importing Party to determine:  
 
(i) that a claim of origin for a textile or apparel good is accurate, or  
(ii) that the exporter or producer is comp lying with applicable customs laws, 
regulations, and procedures regarding trade in textile or apparel goods, 
including:  
   (A)  laws, regulations, and proce dures that the exporting Party adopts and 
  maintains pursuant to this Agreement; and  
   (B)  laws, regulations, and pro cedures of the importing Party and the 
 exporting Party implementing ot her international agreements 
 regarding trade  in textile or apparel goods.  
 
 (b)  A request under subparagraph (a) shall include specific information regarding the 
  reason the importing Party is requesting the verification and the determination the 
  importing Party is seeking to make.   
                                                     
 
 3 Paragraphs 2, 3, 4, 6, and 7 of this Article shall not apply between the Central American Parties or 
between any Central American Party and the Dominican Republic.  
 WT/REG211/1 
Page 22  
 
 (c)  The exporting Party shall conduct a veri fication under subparagra ph (a)(i), regardless 
  of whether an importer claims preferentia l tariff treatment for the textile or apparel 
  good for which a claim of origin has been made.   3. The importing Party, through its competent aut hority, may assist in a verification conducted 
under paragraph 2(a), or, at the request of the exporti ng Party, undertake such a verification, including 
by conducting, along with the competent authority of the exporting Party, visits in the territory of the exporting Party to the premises of an exporter, producer, or any other enterprise involved in the 
movement of textile or apparel goods  from the territory of the exporting Party to the territory of the 
importing Party.    
 
4.  (a) The competent authority of the importing Party shall provide a written request to the 
competent authority of the exporting Party 20 days before the proposed date of a visit under paragraph 3. The request shall identify the competent authority making the request, the names and titles of the authorized personnel that will conduct the visit, 
the reason for the visit, including a description of the type of goods that are the 
subject of the verification, and the proposed dates of the visit.   
  (b)  The competent authority of the exporting Party shall respond within 10 days of 
receipt of the request, and shall indicate the date on which authorized personnel of the importing Party may perform the visit. The exporting Party shall seek, in accordance 
with its laws, regulations, and procedures,  permission from the enterprise to conduct 
the visit.  If consent is not provided, th e importing Party may deny preferential tariff 
treatment to the type of goods of the ente rprise that would have been the subject of 
the verification, except that the importing Party may not deny preferential tariff treatment to such goods based solely on a postponement of the visit, if there is 
adequate reason for such postponement.  
  (c)  Authorized personnel of the importing a nd exporting Parties shall conduct the visit in 
  accordance with the laws, regulations, and procedures of the exporting Party.  
  (d)  On completion of a visit, the importi ng Party shall provide the exporting Party with 
an oral summary of the results of the visit and provide it with a written report of the 
results of the visit within approximately 45 days of the visit.  The written report shall 
include:  
   (i)  the name of the enterprise visited;  
  
  (ii) particulars of the shipments that were checked;     (iii)  observations made at the ente rprise relating to circumvention; and  
    (iv) an assessment of whether the enterprise’s production records and other 
 documents support its claims for preferential tariff treatment for:  
    (A)  a textile or apparel good s ubject to a verification conducted under 
    paragraph 2(a)(i); or   
   (B)  in the case of a verification conducted under paragr aph 2(a)(ii), any 
  textile or apparel good exported or produced by the enterprise.  
 5.  On request of a Party conducting a verifica tion under paragraph 2(a), a Party shall provide, 
consistent with its laws, regula tions, and procedures, production, tr ade, and transit documents and 
other information necessary to conduct the verifi cation.  Where the providing Party designates the  WT/REG211/1 
 Page 23 
 
 
information as confidential, Article 5.6 (Confidentia lity) shall apply.  Notwithstanding the foregoing, 
a Party may publish the name of an enterprise that:   
(a) the Party has determined to be engaged in intentional circumvention of laws, 
regulations, and procedures of any Party or in ternational agreements affecting trade in 
textile or apparel goods; or  
(b) has failed to demonstrate that it produces, or is capable of producing, textile or 
apparel goods.  
6.  (a)  (i) During a verification conducted under paragraph 2(a), if there is insufficient 
 information to support a claim for pref erential tariff treatment, the importing 
 Party may take appropriate action,  which may include suspending the 
 application of such treatment to:   
   (A)  in the case of a verification conducted under paragraph 2(a)(i), the 
 textile or apparel good for which a claim for preferential tariff 
 treatment has been made;  and     
    (B)  in the case of a verification conducted under paragr aph 2(a)(ii), any 
  textile or apparel good exported or  produced by the enterprise subject 
  to that verification for which a claim for preferential tariff treatment   has been made.  
 
  (ii)  On completion of a verification conducted under paragraph 2(a), if there is 
 insufficient information to support a cl aim for preferential tariff treatment, 
 the importing Party may take appropria te action, which may include denying 
 the application of such treatment to any textile or apparel good described in 
 clauses (i)(A) and (B).  
  (iii)  During or on completion of a ve rification conducted under paragraph (a), if 
 the importing Party discovers that an  enterprise has provided incorrect 
 information to support a claim for pref erential tariff treatment, the importing 
 Party may take appropriate acti on, which may include denying the 
 application of such treatment to any textile or apparel good described in 
 clauses (i)(A) and (B).  
  (b)  (i)  During a verification conducted unde r paragraph 2(a), if there is insufficient 
information to determine the country of  origin, the importing Party may take 
appropriate action, which may include detention of any textile or apparel 
good exported or produced by the enterprise subject to the verification, but for no longer than the period permitted under its law.  
 
  (ii)  On completion of a verification conducted under paragraph 2(a), if there is 
insufficient information to determine the country of origin, the importing 
Party may take appropriate action, which may include denying entry to any 
textile or apparel good expor ted or produced by the enterprise subject to the 
verification.  
 
  (iii)  During or on completion of a ve rification conducted under paragraph 2(a), if 
the importing Party discovers that an  enterprise has provided incorrect 
information as to the country of origin, the importing Party may take appropriate action, which may include de nying entry to any textile or apparel 
good exported or produced by the enterprise subject to the verification.  WT/REG211/1 
Page 24  
 
 (c)  The importing Party may continue to ta ke appropriate action under any provision of 
this paragraph only until it receives informa tion sufficient to enable it to make the 
determination in paragraph 2(a)(i) or (ii) , as the case may be, but in any event for no 
longer than the period permitted under its law.  
 
 (d)  The importing Party may deny preferential tariff treatment or entry under this 
 paragraph only after providing a writte n determination to the importer of the 
 reason for the denial.  
 7. Not later than 45 days after it completes a verification conducted unde r paragraph 2(a), the 
exporting Party shall provide the importing Party a written report on the results of the verification. 
The report shall include all documents and facts supporting any conclusion that the exporting Party 
reaches. After receiving the report, the importing Part y shall notify the exporting Party of any action it 
will take under paragraph 6(a)(ii) or  (iii) or 6(b)(ii) or (iii), based on the information provided in the 
report.  
 
8. On the written request of a Party, two or more Parties shall enter into consultations to resolve 
any technical or interpretive difficulties that may arise, or to discuss ways to improve customs 
cooperation, regarding the application of this Artic le.  Unless the consulting Parties otherwise agree, 
consultations shall begin within 30 days after delivery of the requ est, and conclude within 90 days 
after delivery.  
 
9. A Party may request technical or other assistance from any other Party in implementing this Article. The Party receiving such a request shall make  every effort to respond favorably and promptly 
to it.  
Article 3.25 
 
Rules Of Origin And Related Matters 
 
Consultations on Rules of Origin  
 
1. On request of a Party, the Parties shall, within  30 days after the request  is delivered, consult 
on whether the rules of origin applicable to a par ticular textile or apparel good should be modified.  
2. In the consultations referred to in paragraph 1,  each Party shall consider all data that a Party 
presents demonstrating substantial pr oduction in its territory of the good.  The Parties shall consider 
that there is substantial production if a Party de monstrates that its domestic producers are capable of 
supplying commercial quantities of the good in a timely manner.   
3. The Parties shall endeavor to c onclude the consultations within 90 days after delivery of the 
request.  If the Parties reach an agreement to modi fy a rule of origin for a particular good, the 
agreement shall supersede that rule of origin when approved by the Parties in accordance with 
Article 19.1.3(b) (The Free Trade Commission).  
Fabrics, Yarns, and Fibers Not Available in Commercial Quantities  
 
4.  (a) At the request of an interested entity,  the United States shall, within 30 business days 
of receiving the request, add a fabric, fiber, or yarn in an unrestricted or restricted 
quantity to the list in Annex 3.25, if the United States determines, based on 
information supplied by interested entities, that the fabric, fiber, or yarn is not 
available in commercial quantities in a timely manner in the territory of any Party, or 
if no interested entity objects to the request.     WT/REG211/1 
 Page 25 
 
 
 (b)  If there is insufficient information to ma ke the determination in  subparagraph (a), the 
 United States may extend the period within which it must make that  determination by no more than 14 business days, in order to meet with interested  entities to substantiate the information.    
 
 (c)  If the United States does not make the determination in subparagraph (a) within 
15 business days of the expiration of the period within which it must make that determination, as specified in subparagraph (a) or (b), the United States shall grant 
the request.  
 
 (d)  The United States may, within six months after adding a restricted quantity of a 
fabric, fiber, or yarn to the list in Anne x 3.25 pursuant to subparagraph (a), eliminate 
the restriction.  
  (e) If the United States determines before the da te of entry into force of this Agreement 
that any fabrics or yarns not listed in Annex 3.25 are not available in commercial 
quantities in the United States pursuant to section 112(b)(5)(B) of the African Growth 
and Opportunity Act  (19 U.S.C. § 3721(b)), section 204(b)(3)(B)(ii) of the Andean 
Trade Preference Act  (19 U.S.C. § 3203(b)(3)(B)(ii)), or section 213(b)(2)(A)(v)(II) 
of the Caribbean Basin Economic Recovery Act  (19 U.S.C. § 2703(b)(2)(A)(v)(II)), 
the United States shall add such fabrics or ya rns in an unrestricted quantity to the list 
in Annex 3.25.  
 5. At the request of an interested entity made no earlier than six months after the United States 
has added a fabric, yarn, or fiber in an unrestricted  quantity to Annex 3.25 pursuant to paragraph 4, 
the United States may, within 30 busine ss days after it receives the request:  
 
(a) delete the fabric, yarn, or fiber from the list in Annex 3.25; or  
(b) introduce a restriction on the quantity of the fabric, yarn, or fiber added to 
Annex 3.25,  
if the United States determines, based on the inform ation supplied by interested entities, that the 
fabric, yarn, or fiber is availabl e in commercial quantities in a timely  manner in the territory of any 
Party. Such deletion or restriction shall not take  effect until six months after the United States 
publishes its determination.  
6.  Promptly after the date of entry into force of this Agreement, the United States shall publish 
the procedures it will follow in consideri ng requests under paragraphs 4 and 5.  
 
De Minimis  
 
7. A textile or apparel good that is not an orig inating good because certain fibers or yarns used 
in the production of the component of the good that determines the tariff classification of the good do not undergo an applicable change in tariff classi fication set out in Annex 4.1 (Specific Rules of 
Origin), shall nonetheless be considered to be an orig inating good if the total weight of all such fibers 
or yarns in that component is not more than te n percent of the total weight of that component.
4 
 
                                                      
4 For greater certainty, when the good is a fiber, yarn, or fabric, the “component of the good that 
determines the tariff classification of the good” is all of the fibers in the yarn, fabric, or group of fibers.   WT/REG211/1 
Page 26  
 
8. Notwithstanding paragraph 7, a good containing elastomeric yarns
5 in the component of the 
good that determines the tariff classification of the good shall originate only if such yarns are wholly formed in the territory of a Party.
6 
 
Treatment of Sets  
 
9. Notwithstanding the specific rules of origin in Annex 4.1 (Specific Rules of Origin), textile or 
apparel goods classifiable as goods put up in sets for retail sale as provided for in General Rule of 
Interpretation 3 of the Harmonized System, shall not  be regarded as originating goods unless each of 
the products in the set is an originating good or the total value of the non-originating goods in the set 
does not exceed ten percent of th e adjusted value of the set.  
 
Treatment of Nylon Filament Yarn  
 
10. A textile or apparel good that  is not an originating good because certain yarns used in the 
production of the component of the good that determ ines the tariff classification of the good do not 
undergo an applicable change in tariff classification set out in Annex 4.1 (Specific Rules of Origin), 
shall nonetheless be considered to be an originatin g good if the yarns are those described in section 
204(b)(3)(B)(vi)(IV) of the Andean Trade Preference Act  (19 U.S.C. § 3203(b)(3)(B)(vi)(IV)).  
 
Article 3.26 
 
Most-Favored-Nation Rates Of Duty On Certain Goods  
 For a textile or apparel good provided for in chapters 61 through 63 of the Harmonized 
System that is not an originating good, the United States shall apply its MFN rate of duty only on the 
value of the assembled good minus the value of fa brics formed in the United States, components 
knit-to-shape in the United States, and any other materials of U.S. origin used in the production of 
such a good, provided that the good is sewn or otherw ise assembled in the territory of another Party 
or Parties with thread wholly formed in the Unite d States, from fabrics wholly formed in the United 
States and cut in one or more Parties, or from components knit-to-shape in the United States, or 
both.7 
 
Article 3.27 
 
Preferential Tariff Treatment For Wool Apparel Goods Assembled In Costa Rica  
 Annex 3.27 sets out provisions applicable to certain apparel goods of Costa Rica.  
 
 
 
                                                      
 5 For greater certainty, the term “elastom eric yarns” does not include latex.  
 6 For purposes of this paragraph, “wholly formed” means that all the production processes and 
finishing operations, starting with the extrusion of filament s, strips, film, or sheet, and including slitting a film 
or sheet into strip, or the spinning of all fibers into yarn, or both, and ending with a finished yarn or plied yarn, 
took place in the territory of a Party.  
7 For purposes of this paragraph, “wholly formed,” when  used in reference to fabrics, means that all the 
production processes and finishing operations, starting w ith the weaving, knitting, needling, tufting, felting, 
entangling, or other process, and ending with a fabric ready for cutting or assembly without further processing, 
took place in the United States. The term  “wholly formed,” when used in refe rence to thread, means that all the 
production processes, starting with the extrusion of filaments, strips, film, or sheet, and including slitting a film 
or sheet into strip, or the spinning of all fibers into thread, or both, and ending with thread, took place in the 
United States.  WT/REG211/1 
 Page 27 
 
 
Article 3.28 
 
Preferential Tariff Treatment For Non-Or iginating Apparel Goods Of Nicaragua  
 Annex 3.28 sets out provisions applicable  to certain apparel goods of Nicaragua.  
 
Article 3.29 
 
Definitions  
For purposes of this Section:  
 
 claim of origin  means a claim that a textile or apparel good is an originating good or a good 
of a Party; 
 
 exporting Party  means the Party from whose territory a textile or apparel good is exported; 
  importing Party means the Party into whose territory a textile or apparel good is imported;  
 
 interested entity  means a Party, a potential or actual pur chaser of a textile or apparel good, or 
a potential or actual supplier of a textile or apparel good;    
  textile or apparel good  means a good listed in the Annex to the Agreement on Textiles and 
Clothing, except for those goods listed in Annex 3.29;  
 
 textile safeguard measure  means a measure applied under Article 3.23.1; and  
  transition period  means the five-year period beginning on the date of entry into force of this 
Agreement.   
Section H: Institutional Provisions 
 
 
Article 3.30 
 
Committee On Trade In Goods  
1. The Parties hereby establish a Committee on Trade in Goods, comprising representatives of 
each Party.  
2. The Committee shall meet on the request of a Pa rty or the Commission to consider any matter 
arising under this Chapter, Chapter Four (Rules of Origin and Origin Procedures), or Chapter Five 
(Customs Administration and Trade Facilitation).  
3. The Committee’s functions shall include:  
(a) promoting trade in goods between the Par ties, including through consultations on 
accelerating tariff elimination under this Ag reement and other issues as appropriate;  
(b) addressing barriers to trade in goods between the Parties, especially those related to 
the application of non-tariff measures, and, if appropriate, referring such matters to 
the Commission for its consideration; and  WT/REG211/1 
Page 28  
 
(c) providing to the Committee on Trade Capacity Building advice and recommendations 
on technical assistance needs regarding matters relating to this Chapter, Chapter Four (Rules of Origin and Origin Procedures), or Chapter Five (Customs Administration 
and Trade Facilitation).  
Section I: Definitions 
 
 
Article 3.31 
 
Definitions  
For purposes of this Chapter:  
 
 AD Agreement  means the WTO Agreement on Implementation of Article VI of the General 
Agreement on Tariffs and Trade 1994;  
 
 advertising films and recordings  means recorded visual media or audio materials, consisting 
essentially of images and/or sound, showing the natu re or operation of goods or services offered for 
sale or lease by a person established or resident in the territory of a Party, provided that such materials 
are of a kind suitable for exhibition to prospective customers, but not for broadcast to the general 
public;     Agreement on Textiles and Clothing means the WTO Agreement on Textiles and Clothing ;  
 
 agricultural goods  means those goods referred to in Article 2 of the WTO Agreement on 
Agriculture ;  
 
 commercial samples of negligible value  means commercial samples having a value, 
individually or in the aggregate as shipped, of not more than one U.S.  dollar, or the equivalent amount 
in the currency of another Party, or so marked, to rn, perforated, or otherwise treated that they are 
unsuitable for sale or for use except as commercial samples;  
 
 consular transactions  means requirements that goods of a Party intended for export to the 
territory of another Party must first be submitted to the supervision of the consul of the importing 
Party in the territory of the exporting Party for th e purpose of obtaining consular invoices or consular 
visas for commercial invoices, certificates of origin, ma nifests, shippers’ export declarations, or any 
other customs documentation required on or in connection with importation;  
 
 consumed  means  
 
(a) actually consumed; or   
(b) further processed or manufactured so as to result in a substantial change in value, 
form, or use of the good or in the production of another good;  
 duty-free  means free of customs duty;  
 
 export subsidies shall have the meaning assigned to that term in Article 1(e) of the WTO 
Agreement on Agriculture , including any amendment of that article;  
  WT/REG211/1 
 Page 29 
 
 
 goods intended for display or demonstration  includes their component parts, 
ancillary apparatus, and accessories;    
 goods temporarily admitted for sports purposes  means sports requisites for use in sports 
contests, demonstrations, or training in the territory  of the Party into whose territory such goods are 
admitted;    import licensing  means an administrative procedure requiring the submission of an 
application or other documentation (other than  that generally required for customs clearance 
purposes) to the relevant administrative body as a pr ior condition for importation into the territory of 
the importing Party;  
 
 Import Licensing Agreement means the WTO Agreement on Import Licensing Procedures ;  
 
 performance requirement  means a requirement that:  
 
(a) a given level or percentage of goods or services be exported;  
(b) domestic goods or services of the Party gran ting a waiver of customs duties or import 
license be substituted for imported goods;  
(c) a person benefiting from a waiver of customs duties or an import license purchase 
other goods or services in the territory of the Party granting the waiver of customs 
duties or the import license, or accord a pr eference to domestically produced goods;  
(d) a person benefiting from a waiver of customs duties or an import license produce 
goods or supply services, in the territory of the Party granting the waiver of customs duties or the import license, with a given leve l or percentage of domestic content; or  
(e) relates in any way the volume or value of im ports to the volume or value of exports or 
to the amount of foreign exchange inflows,  
but does not include a requirement that:  
 
(f) an imported good be subsequently exported;  
(g) an imported good be used as a material in  the production of another good that is 
subsequently exported;  
(h) an imported good be substituted by an identi cal or similar good used as a material in 
the production of another good that is subsequently exported; or   
(i) an imported good be substituted by an identi cal or similar good that is subsequently 
exported;  
 printed advertising materials  means those goods classified in Chapter 49 of the Harmonized 
System, including brochures, pamphlets, leaflets , trade catalogues, yearbooks published by trade 
associations, tourist promotional materials, and pos ters, that are used to promote, publicize, or 
advertise a good or service, are essentially intended to advertise a good or service, and are supplied free of charge; and   
 SCM Agreement  means the WTO Agreement on Subsidies and Countervailing Measures .  
 WT/REG211/1 
Page 30  
 
ANNEX 3.2:  NATIONAL TREATMENT AND IMPORT AND EXPORT RESTRICTIONS  
 
Section A: Measures of Costa Rica 
 
Articles 3.2 and 3.8 shall not apply to:  
 
(a) controls on the import of crude oil, its fuel , derivatives, asphalt, and gasoline pursuant 
to Law No. 7356 of September 6, 1993;   
(b) controls on the export of wood in logs and boards from forests pursuant to Law 
No. 7575 of April 16, 1996;  
(c) controls on the export of hydrocarbons pursuant to Law No. 7399 of May 3, 1994;  
(d) controls on the export of coffee pursuant to Law No. 2762 of June 21, 1961;   
(e) controls on the import and expor t of ethanol and crude rums  pursuant to Law No. 8 of 
October 31, 1885;  
(f) controls to establish a minimum export pr ice for bananas, pursuant to Law No. 7472 
of January 19, 1995; and  
(g) actions authorized by the Dispute Settlement Body of the WTO.  
 
Section B: Measures Of The Dominican Republic  
 
Articles 3.2 and 3.8 shall not apply to:  
 
(a) controls on the importation of motor vehicles and motorcycles older than five years, 
and vehicles greater or equal to five tons older than 15 years, pursuant to Law No. 
147 of December 27, 2000, and Law No. 12-01 of January 17, 2001;8 
 
(b) controls on the importation of used househol d appliances, pursuant to Law No. 147 of 
December 27, 2000;9 
(c) controls on the importation of used clothes, pursuant to Law No. 458 of January 3, 
1973; 
(d) controls on the importation of motor vehicles not suitable for operation, pursuant to 
Decree No. 671-02 of August 27, 2002;10 and  
(e) actions by the Dominican Republic authorized by the Dispute Settlement Body of the 
WTO.  
 
    
                                                     
 
 8 The controls identified in this subparagraph do not apply to remanufactured goods.   
 9 The controls identified in this subparagraph do not apply to remanufactured goods .  
10 The controls identified in this subparagraph do not apply to remanufactured goods.  WT/REG211/1 
 Page 31 
 
 
Section C: Measures of El Salvador  
 
Articles 3.2 and 3.8 shall not apply to:  
 
(a) controls on the importation of arms and ammunition, parts, and accessories included 
in HS Chapter 93, pursuant to Decree No. 655 of July 26, 1999 and its amendment 
pursuant to Decree No. 1035 of November 13, 2002;  
(b) controls on the importation of motor vehicles older than eight years, and on buses and 
trucks older than 15 years, pursuant to Article 1 of Decree No. 357 of April 6, 2001;11 
 
(c) controls on the importation of sacks and bags  made out of jute and other similar 
textile fibers in subheading 6305.10 pursuan t to Article 1 of Decree No. 1097 of July 
10, 1953. El Salvador shall eliminate the c ontrols identified in this subparagraph ten 
years after the date of entry into force of this Agreement; and   
(d) actions authorized by the Dispute Settlement Body of the WTO.   
Section D: Measures of Guatemala  
 
Articles 3.2 and 3.8 shall not apply to:   
(a) controls on the exportation of timber in r ound logs or worked logs and sawn timber 
measuring more than 11centimeters in thickness, pursuant to the Ley de Bosques  
Legislative Decree No. 101-96 of October 31, 1996;  
(b) controls on the exportation of coffee pursuant to the Ley del Café , Legislative Decree 
No. 19-69 of April 22, 1969;  
(c) controls on the importation of weapons pursuant to the Ley de Armas y Municiones , 
Legislative Decree No. 39-89 of June 29, 1989; and  
(d) actions authorized by the Dispute Settlement Body of the WTO.  
Section E: Measures of Honduras
 
 
 Articles 3.2 and 3.8 shall not apply to:   
(a) controls on the exportation of wood from broadleaved forests pursuant to Decree No. 
323-98 of December 29, 1998;  
(b) controls on the importation of arms and ammunitions pursuant to Article 292 of 
Decree No. 131 of January 11, 1982;  
(c) controls on the importation of motor vehicl es older than seven years and buses older 
than ten years pursuant to Article 7 of Decree No. 194-2002 of May 15, 2002;
12 and  
(d) actions authorized by the Dispute Settlement Body of the WTO.    
 
                                                      
11 The controls identified in this subparagraph do not apply to remanufactured goods. 
12 The controls identified in this subparagraph do not apply to remanufactured goods. WT/REG211/1 
Page 32  
 
Section F: Measures of Nicaragua
 
 
1.  Articles 3.2 and 3.8 shall not apply to:   
(a) controls on the exportation of basic foodstu ffs provided that these controls are used to 
temporarily alleviate a critical shortage of  that particular food item. For the purposes 
of this subparagraph, “temporarily” means up to one year, or such longer period as 
the United States and Nicaragua may agree;  
(b) controls on the importation of motor vehicles older than seven years pursuant to 
Article 112 of Decree No. 453 of May 6, 2003;
13 and  
(c) actions authorized by the Dispute Settlement Body of the WTO.  
2.  For purposes of paragraph 1, “basic foodstuffs” include the following:    
 Beans  
Brown sugar  
Chicken meat  
Coffee  Corn  
Corn flour  
Corn tortillas  Powdered milk  
Rice  
Salt  Vegetable oil  
 
3.  Notwithstanding Articles 3.2 and 3.8, for the firs t ten years after the date of entry into force of 
this Agreement, Nicaragua may maintain its existi ng prohibitions or restrictions on the importation of 
the used goods set out below:   Tariff Classification
 Description  
 
Subheading 4012.10    Used retreaded tires14 
 
Subheading 4012.20    Used pneumatic tires15 
 
Heading 63.09     Used clothing  
 Heading 63.10     Rags, scrap twine, co rdage, rope, and cable, and worn out or 
unusable articles of twine, cordag e, rope, or cables, of textile 
materials  
 
(Note : Descriptions are provided for reference purposes only.  To the extent of a conflict between the tariff 
classification and the description, the tariff classification governs.)  
 
                                                      
 13 The controls identified in this subparagraph do not apply to remanufactured goods.  
14 The controls identified in this subparagraph do not apply to remanufactured goods. 
 15 The controls identified in this subparagraph do not apply to remanufactured goods.  
  WT/REG211/1 
 Page 33 
 
 
Section G: Measures of the United States  
 
Articles 3.2 and 3.8 shall not apply to:  
 
(a) controls on the export of logs of all species;  
 (b)  (i) measures under existing provisions of the Merchant Marine Act of 1920 , 46 
 App. U.S.C. § 883; the Passenger Vessel Act , 46 App. U.S.C. §§ 289, 292, 
 and 316; and 46 U.S.C. § 12108, to the extent that such measures were  mandatory legislation at the time of the accession of the United States to the  General Agreement on Tariffs and Trade 1947 (GATT 1947) and have not 
 been amended so as to decrease thei r conformity with Part II of the 
 GATT 1947;  
 
  (ii)  the continuation or prompt re newal of a non-conforming provision of any 
 statute referred to in clause (i); and  
   (iii)  the amendment to a non-conformi ng provision of any statute referred to in 
  clause (i) to the extent that the am endment does not decrease the conformity 
  of the provision with Articles 3.2 and 3.8;  
 
 (c) actions authorized by the Dispute Settlement Body of the WTO; and   
   (d) actions authorized by the Agreement on Textiles and Clothing.  
 
 
ANNEX 3.3:  TARIFF ELIMINATION   
 
1. Except as otherwise provided in a Party’s Sc hedule to this Annex, the following staging 
categories apply to the elimination of customs du ties by each Party pursuant to Article 3.3.2:   
 (a)  duties on goods provided for in the items in staging category A in a Party’s Schedule 
  shall be eliminated entirely and such goods shall be duty-free:     (i)  for textile or apparel goods:   
  (A)  as of January 1, 2004, with respect to those goods to which 
 Article 3.20.1 applies; or  
    (B)  with respect to any other such goods, on the date this Agreement 
 enters into force; and  
 
  (ii) for all other goods, on the date this Agreement enters into force;   
  (b)  duties on goods provided for in the items in staging category B in a Party’s Schedule   shall be removed in five equal annual stages beginning on the date this Agreement 
  enters into force, and such goods shall be duty-free, effective January 1 of year five;  
 
 (c)  duties on goods provided for in the items in staging category C in a Party’s Schedule   shall be removed in ten equal annual stages beginning on the date this Agreement 
  enters into force, and such goods shall be duty-free, effective January 1 of year ten;  WT/REG211/1 
Page 34  
 
 (d)  duties on goods provided for in the items in staging category D in a Party’s Schedule 
 shall be removed in 15 equal annual st ages beginning on the date this Agreement 
 enters into force, and such goods shall be duty-free, effective January 1 of year 15;  
  (e)  duties on goods provided for in the ite ms in staging category E in a Party’s Schedule 
 shall remain at base rates for years one through six.  Duties on these goods shall be 
 reduced by 8.25 percent of the base rate on January 1 of year seven, and by an  additional 8.25 percent of the base rate  each year thereafter through year ten. 
 Beginning on January 1 of year 11, duties shall be reduced by an additional 13.4  percent of the base rate annually through year 15, and such goods shall be duty-free 
 effective January 1 of year 15;  
  (f)  duties on goods provided for in the items in staging category F in a Party’s Schedule 
 shall remain at base rates for years one through ten.  Beginning January 1 of year 11,  duties shall be reduced in ten equal annual  stages, and such goods shall be duty-free 
 effective January 1 of year 20;  
  (g)  goods provided for in the items in staging category G in a Party’s Schedule shall 
 continue to receive duty-free treatment; and  
  (h)  goods provided for in the items in staging category H in a Party’s Schedule shall 
continue to receive most-favored-nation treatment.   
 2. The base rate of customs duty and staging cat egory for determining the interim rate of 
customs duty at each stage of reduction for an item are indicated for the item in each Party’s Schedule.  
3. For the purpose of the elimination of customs duties in accordance with Article 3.3, interim 
staged rates shall be rounded down, at least to the ne arest tenth of a percentage point or, if the rate of 
duty is expressed in monetary units, at least to the nearest 0.001 of the official monetary unit of the 
Party.  
4. If this Agreement enters into force for a Cent ral American Party or the Dominican Republic 
as provided in Article 22.5.2 (Entry into Force), the Party shall apply the rates of duty set out in its 
Schedule as if the Agreement had entered into force for that Party on the date the Agreement entered 
into force as provided in Article 22.5.1 (Entry into Force).  
5. For purposes of this Annex and a Party’s Schedule, year one  means the year the Agreement 
enters into force as provided in Article 22.5.1 (Entry into Force).  
6. Notwithstanding paragraph 5, for purposes of the ta riff treatment of textile or apparel goods to 
which Article 3.20.1 applies, year one  shall be the year beginning January 1, 2004. Any Party that 
provides written notice under Article 3.20.2 shall appl y the rates of duty set out in its Schedule for 
textile or apparel goods as if the Agreement had entere d into force for that Party on January 1, 2004.  
7. For purposes of this Annex and a Party’s Schedul e, beginning in year two, each annual stage 
of tariff reduction shall take effect on January 1 of the relevant year.  
 
     WT/REG211/1 
 Page 35 
 
 
ANNEX 3.3.4:  IMPLEMENTATION OF MODI FICATIONS APPROVED BY THE PARTIES 
TO ACCELERATE THE ELIMINATION OF CUSTOMS DUTIES  
 
In the case of Costa Rica, agreements of the Pa rties under Article 3.3.4 will be equivalent to 
the instrument referred to in Article 121.4, third paragraph ( protocolo de menor rango ) of the 
Constitución Política de la República de Costa Rica .  
 
 
ANNEX 3.3.616 
 
1. Except as otherwise provided in this Annex:  
 (a)  each Central American Party shall pr ovide duty-free treatment to any good imported 
directly from the territory of the Dominican  Republic that meets the rules of origin 
for the good set out in Chapter Four (Rules of Origin and Origin Procedures); and  
  (b)  the Dominican Republic shall provide duty-free treatment to any good imported 
directly from the territory of a Central Amer ican Party that meets the rules of origin 
for the good set out in Chapter Four (Rules of Origin and Origin Procedures).  
 2. Notwithstanding paragraph 1:  
(a) each Central American Party may assess a duty of up to 15 percent ad valorem on 
any good classified under tariff items 1507.90.00, 1508.90. 00, 1509.90.00, 
1510.00.00, 1511.90.90 (except palm stearin), 1512.19.00, 1512.29.00, 1513.19.00, 
1513.29.00, 1514.19.00, 1514.99.00, 1515.19.00, 1515.29.00, 1515.30.00, 
1515.40.00, 1515.50.00, 1515.90.10, 1515.90.20, 1515.90.90, 1516.10.00, 1516.20.10, 1516.20.90, 1517.10.00, 1517.90.10, 1517.90.20, 1517.90.90, or 1518.00.00 that is imported directly from the territory of the Dominican Republic and that meets the rules of origin for the good set out in Chapter Four (Rules of Origin 
and Origin Procedures); and   
(b) the Dominican Republic may assess a duty of up to 15 percent ad valorem  on any 
good classified under tariff items 1507.90. 00, 1508.90.00, 1509. 90.00, 1510.00.00, 
1511.90.00 (except palm stearin), 1512.19.00, 1512.29.00, 1513.19.00, 1513.29.10, 1513.29.20, 1514.91.00, 1514.99.00, 1515.19.00, 1515.29.00, 1515.30.00, 1515.40.00, 1515.50.00, 1515.90.90, 1516.10.00, 1516.20.00, 1517.10.00, 
1517.90.00, 1518.00.10, or 1518.00.90 that is imported directly from the territory of a 
Central American Party and that meets the rules of origin for the good set out in 
Chapter Four (Rules of Origin and Origin Procedures).  
3. Notwithstanding paragraph 1, for any good classified under heading 2710, except mineral 
solvents, 2712, 2713, except subheading 2713.20, or 2715 that meets the rules of origin for the good 
set out in Chapter Four (Rules of Origin and Origin Procedures):  
(a) each Central American Party shall eliminate duties on any such good imported 
directly from the territory of the Domi nican Republic as follows:  Duties on such 
goods shall remain at base rates for years one through five.  Beginning on January 1 of year six, duties shall be reduced by eight percent of the base rate annually through year ten. Beginning on January 1 of year 11, duties shall be reduced by an additional 
                                                     
 
16 For greater certainty, an importer may elect to make  a claim for preferential tariff treatment either 
under this Annex or under a Party’s Schedule to Annex 3.3, provided that the good meets the applicable rules of 
origin. WT/REG211/1 
Page 36  
 
12 percent of the base rate annually thr ough year 14, and such goods shall be 
duty-free effective January 1 of year 15; and   
(b) the Dominican Republic shall eliminate duties on any such good imported directly 
from the territory of a Central American Party as follows:  Duties on such goods shall 
remain at base rates for years one through five.  Beginning on January 1 of year six, 
duties shall be reduced by eight percent of  the base rate annually through year ten. 
Beginning on January 1 of year 11, duties shall be reduced by an additional 12 percent of the base rate annually thr ough year 14, and such goods shall be 
duty-free effective January 1 of year 15.  
4. Paragraph 1 shall not apply to any good listed in Appendix 3.3.6.4 that meets the rules of 
origin for the good set out in Chapter Four (Rules of Origin and Origin Procedures).
17 
 
5. An importing Party may deny the preferential ta riff treatment provided for in paragraphs 1 
through 3 of this Annex if the good is produced in  a duty-free zone or under another special tax or 
customs regime in the territory of a Central Amer ican Party or the Dominican Republic, as the case 
may be, provided however that the importing Party sha ll provide to any such good tariff treatment that 
is no less favorable than the tariff treatment it appli es to the good when produced in its own duty-free 
zones or other special tax or customs regimes and entered into its territory.  
6. The Central American Parties and the Dominican  Republic may agree to modify the rules of 
origin set out in Appendix 3.3.6 (Special Rules of Origin), provided that they notify the United States and provide an opportunity for consultations regard ing the proposed modifications at least 60 days 
before concluding any such agreement.  
7. For purposes of this Annex:  
(a) any reference in Chapter Four (Rules of  Origin and Origin Procedures) to:  
  (i)  a “Party” shall be understood to mean a Central American Party or the 
 Dominican Republic; and  
 
  (ii)  “Annex 4.1” shall be unde rstood to mean Appendix 3.3.6;  
 
(b) each Central American Party shall provide th at a good shall not be considered to be 
imported directly from the territory of the Dominican Republic if the good:  
  (i)  undergoes subsequent production or  any other operation outside the territory 
 of the Dominican Republic, other than unloading, reloading, or any other 
 operation necessary to preserve the good in good condition or to transport the 
 good to its territory; or  
   (ii)  does not remain under the control of  customs authorities in the territory of the 
   United States or a non-Party; and  
  (c)  The Dominican Republic shall provide th at a good shall not be considered to be 
imported directly from the territory of a Central American Party if the good:  
 
                                                     
 
 17 Notwithstanding paragraph 4, a good classified under heading 2208, except tariff item 2208.90.10, 
that meets the rules of origin for the good set out in Chapter Four (Rules of Origin and Origin Procedures) that is 
imported directly from the territory of El Salvador into  the territory of the Dominican Republic or from the 
territory of the Dominican Republic into the territory  of El Salvador shall not be subject to duties.   WT/REG211/1 
 Page 37 
 
 
  (i)  undergoes subsequent production or  any other operation outside the territory 
 of the Central American Party, other than unloading, reloading, or any other 
 operation necessary to preserve the good in good condition or to transport the 
 good to its territory; or  
 
 (ii)  does not remain under the control of customs authorities in the territory of the 
United States or a non-Party.  
 
APPENDIX 3.3.6.4  
 
Exceptions From Preferential Tariff Treatment  
HS No.  Description  
0207.11  Chicken  
0207.12  Chicken  
0207.13  Chicken  
0207.14  Chicken  
0402.10  Milk powder  
0402.21  Milk powder  
0402.29  Milk powder  
0703.10  Onions  
0703.20  Garlic  
0713.31  Beans  
0713.32  Beans  
0713.33  Beans  
0901.11  Coffee  
0901.12  Coffee  
0901.21  Coffee  
0901.22  Coffee  
1006.10  Rice  
1006.20  Rice  
1006.30  Rice  
1006.40  Rice  
1101.00  Wheat flour  
1701.11  Sugar  
1701.91  Sugar  
1701.99  Sugar  
2203  Beer  
2207  Alcohol  
2208  Alcohol  
2401.20  Tobacco  
2402.20  Tobacco (only goods containing rubio )  
2403.10  Tobacco  
 
 Note : The descriptions provided in this Appendix are for reference purposes only.  
 WT/REG211/1 
Page 38  
 
ANNEX 3.11:  EXPORT TAXES  
 Costa Rica may maintain its existing taxes on the export of the following goods:  
 
(a) bananas, pursuant to Law No. 5515 of April 19, 1974 and its amendment (Law No. 
5538 of June 18, 1974), and Law No. 4895 of November 16, 1971 and its amendments (Law No. 7147 of April 30, 1990 and Law No. 7277 of December 17, 
1991);  
(b) coffee, pursuant to Law No. 2762 of June  21, 1961 and its amendment (Law No. 
7551 of September 22, 1995); and  
(c) meat, pursuant to Law No. 6247 of May 2, 1978 and Law No. 7837 of October 5, 
1998.  
 
ANNEX 3.15:  AGRICULTURAL SAFEGUARD MEASURES  
 
General Notes  
 1. For each good listed in a Party’s Schedule to this  Annex for which the agricultural safeguard 
trigger level is set out in that Schedule as a percen tage of the applicable tariff-rate quota (TRQ), the 
trigger level in any year shall be determined by multiplying the in-quota quantity for that good for that 
year, as set out in Appendix I or, if applicable , Appendix II or III to the Party’s Schedule to 
Annex 3.3, by the applicable percentage.  For each  good listed in a Party’s Schedule to this Annex for 
which the trigger level is set out as a fixed initial am ount in the Party’s Schedule, the trigger level set 
out in the Schedule shall be the trigger level in year one. The trigger level in any subsequent year shall 
be determined by adding to that amount the quantit y derived by applying the applicable simple annual 
trigger growth rate to that amount.  For purposes of  this Annex, the term “year one” shall have the 
meaning given to that term in Annex 3.3.  
2. For purposes of this Annex, prime and choice beef  shall mean prime and choice grades of 
beef as defined in the United States Standards fo r Grades of Carcass Beef, promulgated pursuant to 
the Agricultural Marketing Act of 1946  (7 U.S.C. §§ 1621-1627), as amended.  
3. (a) Costa Rica and the Dominican Repub lic shall conclude negotiations on the 
 agricultural safeguard trigger levels to be applied to originating goods classified 
 under tariff items 0207.13.91 and 0207.14.91 and subheadings 0402.10, 0402.21, and  0402.29 that are imported directly into the territory of Costa Rica from the territory of 
 the Dominican Republic no later than one  year after the date on which this 
 Agreement enters into force with respec t to Costa Rica and the Dominican Republic 
 and any agreed trigger levels shall form part of this Annex.
18 
 (b)  At the expiration of the one-year period, if Costa Rica and the Dominican Republic 
have not reached an agreement with resp ect to the agricultural safeguard trigger 
levels for goods classified under the ta riff items and subheadings listed in 
subparagraph (a), Costa Rica may apply an agricultural safeguard trigger level for 
such goods in an amount equivalent to 130 percent of the in-quota quantity of the 
applicable tariff-rate quota set out in Appe ndix II of Costa Rica’s General Notes to 
Annex 3.3.  
 
                                                      
18 For greater certainty, Costa Rica shall apply note 7( b) of Costa Rica’s General Notes to Annex 3.3 to 
such goods.  WT/REG211/1 
 Page 39 
 
 
4. (a) Costa Rica and the Dominican Rep ublic shall conclude negotiations on the 
agricultural safeguard trigger levels to be  applied to originating goods classified 
under tariff items 0207.13.91 and 0207.14.91 and subheadings 0402.10, 0402.21, and 0402.29 that are imported directly into the territory of the Dominican Republic from the territory of Costa Rica no later than one year after the date on which this 
Agreement enters into force with respec t to Costa Rica and the Dominican Republic 
and any agreed trigger levels sh all form part of this Annex.
19 
  (b) At the expiration of the one-year period, if Costa Rica and the Dominican Republic 
have not reached an agreement with resp ect to the agricultural safeguard trigger 
levels for goods classified under the ta riff items and subheadings listed in 
subparagraph (a), the Dominican Republic  may apply an agricultural safeguard 
trigger level for such goods in an amount equivalent to 130 percent of the in-quota 
quantity of the applicable tariff-rate quota set out in Appendix II of the Dominican Republic’s General Notes to Annex 3.3.  
 
5.  (a)  The Dominican Republic and Nica ragua shall conclude negotiations on the 
agricultural safeguard trigger levels to be  applied to originating goods classified 
under tariff items 0207.13.91 and 0207.14.91 that are imported directly into the territory of Nicaragua from the territory of the Dominican Republic no later than one year after the date on which this Agreemen t enters into force with respect to the 
Dominican Republic and Nicaragua and any agreed trigger levels shall form part of 
this Annex.
20  
  (b)  At the expiration of the one-year period, if the Dominican Republic and Nicaragua 
have not reached an agreement with resp ect to the agricultural safeguard trigger 
levels for goods classified under the tariff ite ms listed in subparagr aph (a), Nicaragua 
may apply an agricultural safeguard tri gger level for such goods in an amount 
equivalent to 130 percent of the in-quota quantity of the applicable tariff-rate quota 
set out in Appendix II of Nicaragua’s  General Notes to Annex 3.3.  
 6.  (a)  The Dominican Republic and Nica ragua shall conclude negotiations on the 
agricultural safeguard trigger levels to be  applied to originating goods classified 
under tariff items 0207.13.91 and 0207.14.91 that are imported directly into the territory of the Dominican Republic from the territory of Nicaragua no later than one 
year after the date on which this Agreemen t enters into force with respect to the 
Dominican Republic and Nicaragua and any agreed trigger levels shall form part of 
this Annex.
21 
 
(b)  At the expiration of the one-year peri od, if the Dominican Republic and Nicaragua 
have not reached an agreement with respect to the agricultural safeguard trigger levels 
for goods classified under the tariff items list ed in subparagraph (a), the Dominican 
Republic may apply an agricultural safegua rd trigger level for such goods in an 
amount equivalent to 130 percent of the in- quota quantity of the applicable tariff-rate 
quota set out in Appendix III of the Do minican Republic’s General Notes to 
Annex 3.3.  
                                                      
19 For greater certainty, the Domini can Republic shall apply note 7(b) of the Dominican Republic’s 
General Notes to Annex 3.3 to such goods. 
20 For greater certainty, Nicaragua sh all apply note 7(b) of Nicaragua’s General Notes to Annex 3.3 to 
such goods. 
 21
 For greater certainty, the Domini can Republic shall apply note 11(b) of the Dominican Republic’s 
General Notes to Annex 3.3 to such goods.  WT/REG211/1 
Page 40  
 
7.  For purposes of this Annex:  
 
 Central America or Dominican Republic good shall mean a good that satisfies the 
requirements of Chapter Four (Rules of Origin  and Origin Procedures), except that operations 
performed in or material obtained from the United Stat es shall be considered as if the operations were 
performed in a non-Party and the material was obtained from a non-Party; and  
 
 United States good shall mean a good that satisfies the requirements of Chapter Four (Rules 
of Origin and Origin Procedures), except a good produced entirely in and ex clusively of materials 
obtained from the territory of a Central American Party, the Dominican Republic, or a non-Party.  
 
Schedule of Costa Rica
 
 
Subject Goods and Trigger Levels  
 
1. For purposes of paragraphs 1 and 2 of Article 3. 15, United States goods that may be subject to 
an agricultural safeguard measure and the trigge r level for each such good are set out below:  
Good  Tariff Classification  Trigger Level  Annual 
Trigger 
Growth Rate  
Beef  02011000, 02012000, 02013000, 02021000, 
02022000, 02023000  150 MT  10%  
Pork  02031100, 02031200, 02031900, 02032100, 
02032200, 02032900  140% of TRQ   
Chicken Leg 
Quarters  02071399, 02071499  130% of TRQ   
Liquid Dairy  04011000, 04012000, 04013000  50 MT  10%  
Milk Powder  04021000, 04022111, 04022112, 04022121, 
04022122, 04022900  130% of TRQ   
Butter and 
Dairy Spreads  04051000, 04052000  130% of TRQ   
Cheese  04061000, 04062090, 04063000, 04069010, 
04069020, 04069090  130% of TRQ   
Ice Cream  21050000  130% of TRQ   
Others Dairy 
Products  04029990, 22029090  130% of TRQ   
Tomatoes  07020000  50 MT  10%  
Carrots  07061000  50 MT  10%  
Sweet Peppers  07096010  50 MT  10%  
Potatoes  07101000  50 MT  10%  
Beans  07133200, 07133310, 07133390, 07133990  1,200 MT  10%  
White Corn  10059030  9,000 MT  10%  
Rough Rice  10061090  110% of TRQ   
Milled Rice  10062000, 10063010, 10063090, 10064000  110% of TRQ    WT/REG211/1 
 Page 41 
 
 
Good  Tariff Classification  Trigger Level  Annual 
Trigger 
Growth Rate  
Vegetable Oil  15079000, 15121900, 15122900, 15152900, 
15162090, 15171000, 15179010, 15179090  1,178 MT  5%  
High Fructose 
Corn Syrup  17023020, 17024000, 17026000, 17029090  50 MT  10%  
 
Additional Import Duty  
 
2.  For purposes of paragraph 3 of Article 3.15, the additional import duty shall be:  
  (a)  For sweet peppers as listed in this Schedule:   
  (i)  in years one through four, less than or equal to 100 percent of the difference 
   between the appropriate MFN rate of duty as determined under Article 3.15.1 
   and the applicable tariff rate in the Schedule of Costa Rica to Annex 3.3;     (ii)  in years five through eight, less th an or equal to 75 percent of the difference 
 between the appropriate MFN rate of  duty as determined under Article 3.15.1 
 and the applicable tariff rate in the Sc hedule of Costa Rica to Annex 3.3; and  
   (iii)  in years nine through 11, less th an or equal to 50 percent of the difference 
 between the appropriate MFN ra te of duty as determined under 
 Article 3.15.1 and the applicable tariff rate in the Schedule of Costa Rica to 
 Annex 3.3.  
  (b) For vegetable oil and pork as listed in this Schedule:  
 
(i) in years one through nine, less than or equal to 100 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Schedule of Costa Rica to Annex 3.3;  
(ii) in years ten through 12, less than or equal to 75 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Sc hedule of Costa Rica to Annex 3.3; and  
(iii) in years 13 and 14, less than or equal to 50 percent of the difference between 
the appropriate MFN rate of duty as de termined under Article 3.15.1 and the 
applicable tariff rate in the Schedule of Costa Rica to Annex 3.3.  
 (c) For beef other than prime and choice beef as listed in this Schedule:  
 
(i) in years one through eight, less than or equal to 100 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Schedule of Costa Rica to Annex 3.3;  
(ii) in years nine through 11, less than or  equal to 75 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the  applicable tariff rate in the Sc hedule of Costa Rica to Annex 3.3; and  WT/REG211/1 
Page 42  
 
(iii) in years 12 through 14, less than or equal to 50 percent of the difference 
between the appropriate MFN rate of  duty as determined under Article3.15.1 
and the applicable tariff rate in the Schedule of Costa Rica to Annex 3.3.  
 (d) For chicken leg quarters as listed in this Schedule:   
 
(i) in years one through 13, less than or equal to 100 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Schedule of Costa Rica to Annex 3.3;  
(ii) in years 14 and 15, less than or equal to 75 percent of the difference between 
the appropriate MFN rate of duty as de termined under Article 3.15.1 and the 
applicable tariff rate in the Schedule of Costa Rica to Annex 3.3; and  
(iii) in year 16, less than or equal to 50 percent of the difference between the 
appropriate MFN rate of duty as dete rmined under Article 3.15.1 and the 
applicable tariff rate in the Schedule of Costa Rica to Annex 3.3.  
 (e) For rice as listed in this Schedule:  
  
(i) in years one through 13, less than or equal to 100 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Schedule of Costa Rica to Annex 3.3;  
(ii) in years 14 through 16, less than or equal to 75 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Sc hedule of Costa Rica to Annex 3.3; and  
(iii) in years 17 through 19, less than or equal to 50 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Schedule of Costa Rica to Annex 3.3.  
 (f) For liquid dairy, cheese, butter, milk pow der, ice cream, and other dairy goods as 
  listed in this Schedule:  
   (i)  in years one through 14, less than or equal to 100 percent of the difference 
 between the appropriate MFN rate of duty as determined under Article 
 3.15.1 and the applicable tariff rate in the Schedule of Costa Rica to  Annex 3.3;  
 
  (ii)  in years 15 through 17, less than  or equal to 75 percent of the difference 
 between the appropriate MFN rate of  duty as determined under Article 3.15.1 
 and the applicable tariff rate in the Sc hedule of Costa Rica to Annex 3.3; and  
 
  (iii)  in years 18 and 19, less than or equal to 50 percent of the difference between 
 the appropriate MFN rate of duty as determined under Article 3.15.1 and the 
 applicable tariff rate in the Schedule of Costa Rica to Annex 3.3.  
  (g) For goods listed in this Schedule and not specified in subparagraphs (a) through (f):  
 
(i) in years one through five, less than or equal to 100 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Schedule of Costa Rica to Annex 3.3;   WT/REG211/1 
 Page 43 
 
 
(ii) in years six through ten, less than or equal to 75 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3-44 
3.15.1 and the applicable tariff rate in the Schedule of Costa Rica to Annex 3.3; and  
(iii) in years 11 through 14, less than or equal to 50 percent of the difference 
between the appropriate MFN rate as de termined under Article 3.15.1 and the 
applicable tariff rate in the Schedule of Costa Rica to Annex 3.3.  
Schedule of the Dominican Republic
 
 
Subject Goods and Trigger Levels  
 
1. For purposes of paragraphs 1 and 2 of Article 3. 15, United States goods that may be subject to 
an agricultural safeguard measure and the trigge r level for each such good are set out below:  
Good  Tariff Classification  Trigger Level  Annual 
Trigger 
Growth Rate  
Pork Cuts 02031100, 02031200, 02031900, 02032100, 
02032200, 02032910, 02032990 130% of TRQ  
Chicken Leg 
Quarters 02071492 130% of TRQ  
Turkey 02072612, 02072710, 02072792, 02072793 130% of TRQ  
Milk Powder 04021000, 04021090, 04022110, 04022190, 
04022910, 04022990 130% of TRQ  
Mozzarella 
Cheese 04061010 130% of TRQ  
Cheddar Cheese 04069020 130% of TRQ  
Other Cheeses 04061090, 04062000, 04063000, 04064000, 
04069010, 04069030, 04069090 130% of TRQ  
Beans 07133100, 07133200, 07133300 130% of TRQ  
Fresh Potatoes 07019000 300 MT 10% 
Onions 07031000 750 MT 10% 
Garlic 07032000 50 MT 10% 
Rough & 
Broken Rice 10061000, 10064000 700 MT 10% 
Brown Rice 10062000 130% of TRQ  
Milled Rice 10063000 130% of TRQ  
Glucose 17023021 130% of TRQ  
Vegetable Oil 15079000, 15122900, 15152900, 15171000 3,200 MT 10% 
High Fructose 
Corn Syrup 17025000, 17026010, 17026021, 17026029 50 MT 10% 
 
Additional Import Duty  
 
2.  For purposes of paragraph 3 of Article 3.15, the additional import duty shall be:   
 WT/REG211/1 
Page 44  
 
(a) For cheddar cheese, beans, onions, garlic, hi gh fructose corn syrup, and vegetable oil 
as listed in this Schedule:  
  (i)  in years one through five, less than  or equal to 100 percent of the difference 
 between the appropriate MFN rate as determined under Article 3.15.1 and the 
 applicable tariff rate in the Schedule of the Dominican Republic to 
 Annex 3.3;  
   (ii)  in years six through ten, less than or equal to 75 percent of the difference 
 between the appropriate MFN rate as determined under Article 3.15.1 and the 
 applicable tariff rate in the Schedule of the Dominican Republic to 
 Annex 3.3; and  
 
(iii)  in years 11 through 14, less than or equal to 50 percent of the difference 
between the appropriate MFN rate as de termined under Article 3.15.1 and the 
applicable tariff rate in the Schedule of the Dominican Republic to 
Annex 3.3.  
(b)  For turkey meat, fresh potatoes, a nd glucose as listed in this Schedule:  
(i) for years one through four, less than or  equal to 100 percent of the difference 
between the appropriate MFN rate as de termined under Article 3.15.1 and the 
applicable tariff rate in the Schedule of the Dominican Republic to Annex 3.3;  
(ii) for years five through eight, less than or equal to 75 percent of the difference 
between the appropriate MFN rate as de termined under Article 3.15.1 and the 
applicable tariff rate in the Schedule of the Dominican Republic to Annex 3.3;  
(iii) and for years nine through 11, less than or equal to 50 percent of the 
difference between the appropriate  MFN rate as determined under 
Article 3.15.1 and the applicable tariff rate in the Schedule of the Dominican 
Republic to Annex 3.3.  
(c) For pork cuts as listed in this Schedule:  
(i) for years one through nine, less than or equal to 100 percent of the difference 
between the appropriate MFN rate as de termined under Article 3.15.1 and the 
applicable tariff rate in the Schedule of the Dominican Republic to 
Annex 3.3;  
(ii) for years ten through 12, less than or equal to 75 percent of the difference 
between the appropriate MFN rate as de termined under Article 3.15.1 and the 
applicable tariff rate in the Schedule of the Dominican Republic to 
Annex 3.3; and  
(iii) for years 13 and 14, less than or equal to 50 percent of the difference between 
the appropriate MFN rate as determ ined under Article 3.15.1 and the 
applicable tariff rate in the Schedule of the Dominican Republic to Annex 3.3.  
(d) For chicken leg quarters, mozzarella cheese, milk powder, and rice as listed in this 
 Schedule:   WT/REG211/1 
 Page 45 
 
 
(i) for years one through 14, less than or equal to 100 percent of the difference 
between the appropriate MFN rate as de termined under Article 3.15.1 and the 
applicable tariff rate in the Schedule of the Dominican Republic to Annex 3.3;  
(ii) for years 15 through 17, less than or equal to 75 percent of the difference 
between the appropriate MFN rate as de termined under Article 3.15.1 and the 
applicable tariff rate in the Schedule of the Dominican Republic to Annex 3.3; and  
(iii) for years 18 and 19, less than or equal to 50 percent of the difference between 
the appropriate MFN rate as determ ined under Article 3.15.1 and the 
applicable tariff rate in the Schedule of the Dominican Republic to 
Annex 3.3.  
(e) For other cheese as listed in this Schedule:  
(i) for years one through four, less than or  equal to 100 percent of the difference 
between the appropriate MFN rate as de termined under Article 3.15.1 and the 
applicable tariff rate in the Schedule of the Dominican Republic to 
Annex 3.3;  
(ii) for years five through seven, less than or equal to 75 percent of the difference 
between the appropriate MFN rate as de termined under Article 3.15.1 and the 
applicable tariff rate in the Schedule of the Dominican Republic to Annex 3.3; and  
(iii) for years eight and nine, less than or equal to 50 percent of the difference 
between the appropriate MFN rate as de termined under Article 3.15.1 and the 
applicable tariff rate in the Schedule of the Dominican Republic to Annex 3.3.  
Schedule of El Salvador
 
 
Subject Goods and Trigger Levels  
 
1. For purposes of paragraphs 1 and 2 of Article 3. 15, United States goods that may be subject to 
an agricultural safeguard measure and the trigge r level for each such good are set out below:  
Good  Tariff Classification  Trigger Level  Annual 
Trigger 
Growth 
Rate  
Chicken Leg 
Quarters 02071399, 02071499, 16023200 130% of TRQ  
Liquid Dairy 04011000, 04012000, 04013000 130% of TRQ  
Milk Powder 04021000, 04022111, 0402211 2, 04022121, 04022122, 
04022900 130% of TRQ  WT/REG211/1 
Page 46  
 
Good  Tariff Classification  Trigger Level  Annual 
Trigger 
Growth 
Rate  
Buttermilk, 
Curdled Cream 
and Yogurt 04031000, 04039010, 04039090 130% of TRQ  
Butter 04051000, 04052000, 04059090 130% of TRQ  
Cheese 04061000, 04062090, 0406300 0, 04069010, 04069020, 
04069090 130% of TRQ  
Ice Cream 21050000 130% of TRQ  
Other Dairy 
Products 21069020 130% of TRQ  
Pork 02031100, 02031200, 0203190 0, 02032100, 02032200, 
02032900 130% of TRQ  
Rough Rice 10061090 110% of TRQ  
Milled Rice 10062000, 10063010, 10063090, 10064000 110% of TRQ  
Parboiled Rice 1006 110% of TRQ  
Beans 07133200, 07133390, 07133310 60 MT 10% 
Sorghum 10070090 110% of TRQ  
Vegetable Oil 15079000, 15122900, 15152900, 15162090, 15121900 8,000 MT 5% 
Canned Meat 16010010, 16010030, 1601 0080, 16010090, 16024990 400 MT 10% 
High Fructose 
Corn Syrup 17023020, 17024000, 17025000, 17026000 75 MT 10% 
 
Additional Import Duty  
 
2. For purposes of paragraph 3 of Article 3. 15, the additional import duty shall be:  
(a) For liquid dairy, milk powder, butter, cheese, ice cream, other dairy products, 
buttermilk, curdled cream and yogurt go ods as listed in this Schedule:   
(i) in years one through 14, less than or equal to 100 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Sc hedule of El Salvador to Annex 3.3;  
(ii) in years 15 through 17, less than or equal to 75 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Sche dule of El Salvador to Annex 3.3; and  
(iii) in years 18 and 19, less than or equal to 50 percent of the difference between 
the appropriate MFN rate as determ ined under Article 3.15.1 and the 
applicable tariff rate in the Schedule of El Salvador to Annex 3.3.   
(b) For rough rice, milled rice, parboiled rice a nd chicken leg quarters as listed in this 
Schedule:   WT/REG211/1 
 Page 47 
 
 
(i) in years one through 13, less than or equal to 100 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Sc hedule of El Salvador to Annex 3.3;  
(ii) in years 14 and 15, less than or equal to 75 percent of the difference between 
the appropriate MFN rate of duty as de termined under Article 3.15.1 and the 
applicable tariff rate in the Schedule of El Salvador to Annex 3.3; and  
(iii) in years 16 and 17, less than or equal to 50 percent of the difference between 
the appropriate MFN rate of duty as de termined under Article 3.15.1 and the 
applicable tariff rate in the Schedul e of El Salvador to Annex 3.3;  
(c) For pork as listed in this Schedule:   
(i) in years one through nine, less than or equal to 100 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Sc hedule of El Salvador to Annex 3.3;  
(ii) in years ten through 12, less than or equal to 75 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Sche dule of El Salvador to Annex 3.3; and  
(iii) in years 13 and 14, less than or equal to 50 percent of the difference between 
the appropriate MFN rate of duty as de termined under Article 3.15.1 and the 
applicable tariff rate in the Schedul e of El Salvador to Annex 3.3.  
(d) For vegetable oil and canned meat as listed in this Schedule that are subject to duty 
elimination under staging category N:   
(i) in years one through four, less than or equal to 100 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Sc hedule of El Salvador to Annex 3.3;  
(ii) in years five through eight, less than or  equal to 75 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Sche dule of El Salvador to Annex 3.3; and  
(iii) in years nine through 11, less than or  equal to 50 percent of the difference 
between the appropriate MFN rate of  duty as determined under Article and 
the applicable tariff rate in the Sche dule of El Salvador to Annex 3.3.  
(e) For goods listed in this Schedule and not speci fied in subparagraphs (a) through (d):  
(i) in years one through five, less than or equal to 100 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Sc hedule of El Salvador to Annex 3.3;  
(ii) in years six through ten, less than or equal to 75 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Sche dule of El Salvador to Annex 3.3; and  
(iii) in years 11 through 14, less than or equal to 50 percent of the difference 
between the appropriate MFN rate as de termined under Article 3.15.1 and the 
applicable tariff rate in the Schedul e of El Salvador to Annex 3.3.  WT/REG211/1 
Page 48  
 
Schedule of Guatemala
 
 
Subject Goods and Trigger Levels  
 
1. For purposes of paragraphs 1 and 2 of Article 3. 15, United States goods that may be subject to 
an agricultural safeguard measure and the trigge r level for each such good are set out below:  
Good  Tariff Classification  Trigger Level  Annual 
Trigger 
Growth 
Rate  
Chicken Leg 
Quarters  02071399, 02071499, 16023200  130% of TRQ   
Liquid Dairy  04011000, 04012000  50 MT  10%  
Cheese  04061000, 04062090, 04063000, 04069010, 
04069020, 04069090  130% of TRQ   
Milk Powder  04021000, 04022111, 04022112, 04022121, 
04022122, 04022900, 04039010, 04039090  130% of TRQ   
Butter  04051000, 0405200, 04059090, 04013000  130% of TRQ   
Ice Cream  21050000  130% of TRQ   
Other Dairy 
Products  22029090  130% of TRQ   
Pork  02031100, 02031200, 02031900, 02032100, 
02032200, 02032900  130% of TRQ   
Rough Rice  10061090  110% of TRQ   
Milled Rice  10062000, 10063010, 10063090, 10064000  110% of TRQ   
Whole Beans  07133310  50 MT  5%  
Vegetable Oil  15162090, 15162010, 15152900, 15122900, 
15121900, 15079000  2,600 MT  5%  
Pimientos  07096010  25MT  10%  
Fresh Tomatoes  07020000  150MT  10%  
High Fructose 
Corn Syrup  17026000  50MT  10%  
Fresh Potatoes  07019000  350MT  10%  
Onions  07031012  64 MT  10%  
 
Additional Import Duty  
 
2. For purposes of paragraph 3 of Article 3. 15, the additional import duty shall be:  
(a) For liquid dairy, cheese, milk powder, bu tter and ice cream goods as listed in this 
Schedule:   WT/REG211/1 
 Page 49 
 
 
(i) in years one through 14, less than or equal to 100 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Schedule of Guatemala to Annex 3.3;  
(ii) in years 15 through 17, less than or equal to 75 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Sche dule of Guatemala to Annex 3.3;  and  
(iii) in years 18 and 19, less than or equal to 50 percent of the difference between 
the appropriate MFN rate of duty as de termined under Article 3.15.1 and the 
applicable tariff rate in the Schedule of Guatemala to Annex 3.3.  
(b) For chicken leg quarters, rough rice, and milled rice as listed in this Schedule:   
(i) in years one through 13, less than or equal to 100 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Schedule of Guatemala to Annex 3.3;  
(ii) in years 14 and 15, less than or equal to 75 percent of the difference between 
the appropriate MFN rate of duty as de termined under Article 3.15.1 and the 
applicable tariff rate in the Schedul e of Guatemala to Annex 3.3; and  
(iii) in years 16 and 17, less than or equal to 50 percent of the difference between 
the appropriate MFN rate of duty as de termined under Article 3.15.1 and the 
applicable tariff rate in the Schedule of Guatemala to Annex 3.3.  
(c) For pork, fresh potatoes, high fructose corn syrup and vegetable oil as listed in this 
Schedule that are subject to duty elimination under staging category D:   
(i) in years one through five, less than or equal to 100 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Schedule of Guatemala to Annex 3.3;  
(ii) in years six through ten, less than or equal to 75 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Sc hedule of Guatemala to Annex 3.3; and  
(iii) in years 11 through 14, less than or equal to 50 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Schedule of Guatemala to Annex 3.3.  
(d) For whole beans as listed in this Schedule:   
(i) in years one through nine, less than or equal to 100 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Schedule of Guatemala to Annex 3.3;  
(ii) for years ten through 12, less than or equal to 75 percent of the difference 
between the appropriate MFN rate of duty as determined under Article .15.1 
and the applicable tariff rate in the Sc hedule of Guatemala to Annex 3.3; and  
(iii) for years 13 and 14, less than or equal to 50 percent of the difference between 
the appropriate MFN rate of duty as de termined under Article 3.15.1 and the 
applicable tariff rate in the Schedule of Guatemala to Annex 3.3.  WT/REG211/1 
Page 50  
 
(e) For pimientos, onions, tomatoes, vegetable o il, and other dairy goods as listed in this 
Schedule that are subject to duty elimination under staging category C:  
(i) in years one through four, less than or equal to 100 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Schedule of Guatemala to Annex 3.3;  
(ii) in years five through seven, less than or equal to 75 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Sc hedule of Guatemala to Annex 3.3; and  
(iii) in years eight and nine, less than or equal to 50 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Schedule of Guatemala to Annex 3.3.  
Schedule of Honduras
 
 
Subject Goods and Trigger Levels  
 1. For purposes of paragraphs 1 and 2 of Article 3. 15, United States goods that may be subject to 
an agricultural safeguard measure and the trigge r level for each such good are set out below:  
Good  Tariff Classification  Trigger Level  Annual 
Trigger 
Growth Rate  
Pork  02031100, 02031200, 02031900, 02032100, 
02032200, 02032900  130% of TRQ   
Chicken Leg Quarters  02071399, 02071499, 16023200  130% of TRQ   
Liquid Dairy  04011000, 04012000, 04013000  50 MT  10%  
Milk Powder  04021000, 04022111, 04022112, 04022121, 
04022122, 04022900  130% of TRQ   
Butter  04051000 04052000, 04059090  130% of TRQ   
Cheese  04061000, 04062090, 04063000, 04069010, 
04069020, 04069090  130% of TRQ   
Ice Cream  21050000  130% of TRQ   
Other Dairy Products  22029090  130% of TRQ   
Rough rice  10061090  110% of TRQ   
Milled rice  10061020, 10063010, 10063090, 10064010, 
10064090  110% of TRQ   
Onions  07031011, 07031012  480 MT  10%  
Wheat Flour  11010000  210 MT  10%  
Vegetable Oil  15079000, 15121900, 15122900, 15152900, 
15162090, 15171000, 15179010, 15179090  3,500 MT  5%  
Processed Meat  16010090  140 MT  10%  
High Fructose Corn 
Syrup  17023020, 17024000, 17026000  214 MT  10%  
 
Additional Import Duty   
2. For purposes of paragraph 3 of Article 3. 15, the additional import duty shall be:   WT/REG211/1 
 Page 51 
 
 
(a) For pork as listed in this Schedule:  
(i) in years one through nine, less than or equal to 100 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Schedule of Honduras to Annex 3.3;  
(ii) in years ten through 12, less than or equal to 75 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Sc hedule of Honduras to Annex 3.3; and  
(iii) in years 13 and 14, less than or equal to 50 percent of the difference between 
the appropriate MFN rate of duty as de termined under Article 3.15.1 and the 
applicable tariff rate in the Sc hedule of Honduras to Annex 3.3.  
(b) For chicken leg quarters, rough rice, and milled rice as listed in this Schedule:  
(i) in years one through 13, less than or equal to 100 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Schedule of Honduras to Annex 3.3;  
(ii) in years 14 and 15, less than or equal to 75 percent of the difference between 
the appropriate MFN rate of duty as de termined under Article 3.15.1 and the 
applicable tariff rate in the Sche dule of Honduras to Annex 3.3; and  
(iii) in years 16 and 17, less than or equal to 50 percent of the difference between 
the appropriate MFN rate of duty as de termined under Article 3.15.1 and the 
applicable tariff rate in the Sc hedule of Honduras to Annex 3.3.  
(c) For liquid dairy, milk powder, butter, cheese, other dairy goods, and ice cream as 
listed in this Schedule:  
(i) in years one through 14, less than or equal to 100 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Schedule of Honduras to Annex 3.3;  
(ii) in years 15 through 17, less than or equal to 75 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Sc hedule of Honduras to Annex 3.3; and  
(iii) in years 18 and 19, less than or equal to 50 percent of the difference between 
the appropriate MFN rate of duty as de termined under Article 3.15.1 and the 
applicable tariff rate in the Sc hedule of Honduras to Annex 3.3.  
(d) For onions, wheat flour, vegetable oil, processed meat, and high fructose corn syrup 
goods as listed in this Schedule:  
(i) in years one through five, less than or equal to 100 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Schedule of Honduras to Annex 3.3;  
(ii) in years six through ten, less than or equal to 75 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Sc hedule of Honduras to Annex 3.3; and  WT/REG211/1 
Page 52  
 
(iii) in years 11 through 14, less than or equal to 50 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Schedule of Honduras to Annex 3.3. 
Schedule of Nicaragua
 
 
Subject Goods and Trigger Levels  
1. For purposes of paragraphs 1 and 2 of Article 3. 15, United States goods that may be subject to 
an agricultural safeguard measure and the trigge r level for each such good are set out below:  
Good  Tariff Classification  Trigger Level  Annual 
Trigger 
Growth Rate  
Beef  02011000, 02012000, 02013000, 02021000, 
02022000, 02023000  300 MT  10%  
Chicken Leg Quarters  02071399, 02071499, 16023200  130% of TRQ   
Liquid Dairy  0401100011, 0401100019, 0401100020, 
0401200011, 0401200019, 0401200020, 
0401300011, 0401300019, 0401300020  50 MT  10%  
Milk Powder  04021000, 04022111, 04022112, 04022121, 
04022122, 04022900  130% of TRQ   
Butter  04051000, 04052000  130% of TRQ   
Cheese  04061000, 04062090, 04063000, 04064000, 
04069010, 04069020, 04069090  130% of TRQ   
Ice Cream  21050000  130% of TRQ   
Other Dairy Products  1901909091, 1901909099, 22029090  130% of TRQ   
Onions  07031011, 07031012  450 MT  10%  
Beans  07133200  700 MT  10%  
Yellow corn  10059020  115% of TRQ   
Rough rice  10061090  110% of TRQ   
Milled rice  10062000, 10063010, 10063090, 10064000  110% of TRQ   
Sorghum 10070090  1,000 MT  10%  
High Fructose Corn 
Syrup  17023020, 17024000, 17025000, 17026000  75 MT  10%  
 
Additional Import Duty  
 
2. For purposes of paragraph 3 of Article 3. 15, the additional import duty shall be:  
(a) For beef other than prime and choice beef as listed in this Schedule:   
(i) in years one through seven, less than or  equal to 100 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Schedule of Nicaragua to Annex 3.3;  
(ii) in years eight through 11, less than or equal to 75 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Sc hedule of Nicaragua to Annex 3.3; and  
(iii) in years 12 through 14, less than or equal to 50 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Schedule of Nicaragua to Annex 3.3.   WT/REG211/1 
 Page 53 
 
 
(b) For chicken leg quarters, rough rice, and milled rice as listed in this Schedule:  
(i) in years one through 13, less than or equal to 100 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Schedule of Nicaragua to Annex 3.3;  
(ii) in years 14 and 15, less than or equal to 75 percent of the difference between 
the appropriate MFN rate of duty as de termined under Article 3.15.1 and the 
applicable tariff rate in the Schedul e of Nicaragua to Annex 3.3; and  
(iii) in years 16 and 17, less than or equal to 50 percent of the difference between 
the appropriate MFN rate of duty as de termined under Article 3.15.1 and the 
applicable tariff rate in the Sche dule of Nicaragua to Annex 3.3.  
(c) For liquid dairy, milk powder, butter, cheese, other dairy goods, and ice cream as 
listed in this Schedule:  
(i) in years one through 14, less than or equal to 100 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Schedule of Nicaragua to Annex 3.3;  
(ii) in years 15 through 17, less than or equal to 75 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Sc hedule of Nicaragua to Annex 3.3; and  
(iii) in years 18 and 19, less than or equal to 50 percent of the difference between 
the appropriate MFN rate of duty as de termined under Article 3.15.1 and the 
applicable tariff rate in the Sche dule of Nicaragua to Annex 3.3.  
(d) For onions, beans, and high fructose corn syrup goods as listed in this Schedule:   
(i) in years one through five, less than or equal to 100 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Schedule of Nicaragua to Annex 3.3;  
(ii) in years six through ten, less than or equal to 75 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Sc hedule of Nicaragua to Annex 3.3; and  
(iii) in years 11 through 14, less than or equal to 50 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Schedule of Nicaragua to Annex 3.3.  
(e) For yellow corn and sorghum as listed in this Schedule:  
(i) in years one through nine, less than or equal to 100 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Schedule of Nicaragua to Annex 3.3;  
(ii) in years ten through 12, less than or equal to 75 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Sc hedule of Nicaragua to Annex 3.3; and  WT/REG211/1 
Page 54  
 
(iii) in years 13 and 14, less than or equal to 50 percent of the difference between 
the appropriate MFN rate of duty as de termined under Article 3.15.1 and the 
applicable tariff rate in the Sche dule of Nicaragua to Annex 3.3.  
Schedule of the United States
 
 
Subject Goods and Trigger Levels   
1. For purposes of paragraphs 1 and 2 of Article 3.15, Central America or Dominican Republic 
goods that may be subject to an agricultural safe guard measure and the trigger level for each such 
good are set out below:
22 
 
Good  Tariff Classification  Trigger Level  
Cheese  04061008, 04061018, 04061028, 04061038, 04061048, 
04061058, 04061068, 04061078, 04061088, 04062028, 
04062033, 04062039, 04062048, 04062053, 04062063, 
04062067, 04062071, 04062075, 04062079, 04062083, 04062087, 04062091, 04063018, 04063028, 04063038, 
04063048, 04063053, 04063063, 04063067, 04063071, 
04063075, 04063079, 04063083, 04063087, 04063091, 
04064070, 04069012, 04069018, 04069032, 04069037, 
04069042, 04069048, 04069054, 04069068, 04069074, 04069078, 04069084, 04069088, 04069092, 04069094, 
04069097 19019036  130% of TRQ  
Butter  04013075, 04022190, 04039065, 04039078, 04051020, 
04052030, 04059020, 21069026, 21069036  130% of TRQ  
Ice Cream  21050020  130% of TRQ  
Fluid Fresh and 
Sour Cream  04013025, 04039016  130% of TRQ  
Other Dairy  04022950, 04029170, 04029190, 04029945, 04029955, 
04029990, 04031050, 04039095, 04041015, 04049050, 
04052070, 15179060, 17049058, 18062026, 18062028, 
18062036, 18062038, 18062082, 18062083, 18062087, 18062089, 18063206, 18063208, 18063216, 18063218, 
18063270, 18063280, 18069008, 18069010, 18069018, 
18069020, 18069028, 18069030, 19011030, 19011040, 
19011075, 19011085, 19012015, 19012050, 19019043, 
19019047, 21050040, 21069009, 21069066, 21069087, 22029028  130% of TRQ  
Peanut Butter  20081115  130% of TRQ  
Peanuts  12021080, 12022080, 20081135, 20081160  130% of TRQ  
 
Additional Import Duty   
2. For purposes of paragraph 3 of Article 3. 15, the additional import duty shall be:  
(a) For cheese, butter, ice cream, fluid fresh and sour cream, and other dairy goods as 
listed in this Schedule:  
(i) in years one through 14, less than or equal to 100 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
                                                     
 
 22 For purposes of determining the country-specific application of agricultural safeguard measures, the 
United States shall apply the non-preferential rules of origin that it ap plies in the normal co urse of trade.   
  WT/REG211/1 
 Page 55 
 
 
and the applicable tariff rate in the Schedule of the United States to 
Annex 3.3;  
(ii) in years 15 through 17, less than or equal to 75 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Schedule of the United States to Annex 
3.3; and  
(iii) in years 18 and 19, less than or equal to 50 percent of the difference between 
the appropriate MFN rate of duty as de termined under Article 3.15.1 and the 
applicable tariff rate in the Schedule of the United States to Annex 3.3.  
(b) For peanuts and peanut butter goods as listed in this Schedule:   
(i) in years one through five, less than or equal to 100 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Schedule of the United States to 
Annex 3.3;  
(ii) in years six through ten, less than or equal to 75 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Schedule of the United States to 
Annex 3.3; and  
(iii) in years 11 through 14, less than or equal to 50 percent of the difference 
between the appropriate MFN rate of duty as determined under Article 3.15.1 
and the applicable tariff rate in the Schedule of the United States to 
Annex 3.3.  
 
ANNEX 3.22:  ELIMINATION OF EXISTING QUANTITATIVE RESTRICTIONS  
 
1. For Costa Rica:  
 Category 340/640:  Cotton and man-ma de fiber shirts, for men and boys  
 Category 342/642:  Cotton and man-made fiber skirts   Category 347/348:  Cotton trousers, breeches, and shorts   Category 443:   Wool suits, for men and boys   Category 447:   Wool trousers, for men and boys   
2.  For the Dominican Republic:  
  Category 338/638:  Knit fabric, cotton, and man-made fiber shirts, for men and boys  
 Category 339/639:  Knit fabric, cotton, and man-made fiber shirts, for women and girls 
 Category 340/640:  Cotton and man-ma de fiber shirts, for men and boys  
 Category 342/642:  Cotton and man-made fiber skirts  
 Category 347/348:  Cotton trousers, breeches, and shorts   Category 351/651:  Cotton and man-made fiber nightwear  
 Category 433:   Wool suits, for men and boys Category 442: Wool skirts   Category 443:   Wool suits, for men and boys   Category 444:   Wool suits, for women and girls  
 Category 448:   Wool trousers, for women and girls  
 Category 633:   Man-made fi ber suits, for men and boys  
 Category 647/648: Man-made fiber trousers, breeches, and shorts  WT/REG211/1 
Page 56  
 
3. For El Salvador:    Category 340/640:  Cotton and man-ma de fiber shirts, for men and boys  
 4. For Guatemala:  
 
Category 340/640:  Cotton and man-made  fiber shirts, for men and boys  
Category 347/348:  Cotton trousers, breeches, and shorts  Category 351/651:  Cotton and ma n-made fiber nightwear   
Category 443:   Wool suits, for men and boys  
Category 448:   Wool trousers, for women and girls  
 
 
ANNEX 3.25:  SHORT SUPPLY LIST 
 
1  Velveteen fabrics classified  in subheading 5801.23.  
2  Corduroy fabrics classified in subheading 5801.22, containing 85 percent or more by weight of cotton and 
containing more than 7.5 wales per centimeter.  
3  Fabrics classified in subheading 5111.11 or 5111.19, if hand-woven, with a loom width of less than 76 
centimeter, woven in the United Ki ngdom in accordance with  the rules and regulations of the Harris 
Tweed Association, Ltd., and so certified by the Association.  
4  Fabrics classified in subheading 5112.30, weighing not more than 340 grams per square meter, containing 
wool, not less than 20 percent by weight of fine animal hair and not less than 15 percent by weight of man-made staple fibers.  
5  Batiste fabrics classified in subheading 5513.11 or 5513.21, of square construction, of single yarns 
exceeding 76 metric count, containing between 60 and 70 warp ends and filling picks per square 
centimeter, of a weight not exceedin g 110 grams per square meter.  
6  Fabrics classified in subheading 5208.21, 5208.22, 5208.29, 5208.31, 5208.32, 5208.39, 5208.41, 
5208.42, 5208 .49, 5208.51,  5208.52, or 5208 .59, of average yarn numb er exceeding 135 metric.  
7  Fabrics classified in subheading 5513.11 or 5513.21, not of square construction, containing more than 70 
warp ends and filling picks per square centimeter , of average yarn number  exceeding 70 metric.  
8  Fabrics classified in subheading 5210.21 or 5210.31, not of square construction, containing more than 70 
warp ends and filling picks per square centimeter , of average yarn number  exceeding 70 metric.  
9  Fabrics classified in subheading 5208.22 or 5208.32, not of square construction, containing more than 75 
warp ends and filling picks per square centimeter , of average yarn number  exceeding 65 metric.  
10  Fabrics classified in subheading 5407.81, 5407.82, or 5407.83, weighing less than 170 grams per square 
meter, having a dobby weave cr eated by a dobby attachment.  
11  Fabrics classified in subheading 5208.42 or 5208.49, not of square construction, containing more than 85 
warp ends and filling picks per square centimeter , of average yarn number  exceeding 85 metric.  
12  Fabrics classified in subheading 5208.51, of square construction, containing more than 75 warp ends and 
filling picks per square centimeter, made with single yarns, of average yarn number equal to or exceeding 
95 metric.  
13  Fabrics classified in subheading 5208.41, of square  construction, with a gingham pattern, containing more 
than 85 warp ends and filling picks per square centimeter, made with single yarns, of average yarn number equal to or exceeding 95 metric , and characterized by a check ef fect produced by the variation in 
color of the yarns in the warp and filling.  
14  Fabrics classified in subheading 5208.41, with the warp colored with vegetable dyes, and the filling yarns 
white or colored with vegetable dyes, of average yarn number exceeding 65 metric.  
15  Circular knit fabric, wholly of cotton yarns, exceeding 100 metric number per single yarn, classified in 
tariff item 6006.21.aa, 6006.22.aa, 6006.23.aa, or 6006.24.aa.    WT/REG211/1 
 Page 57 
 
 
16  100% polyester crushed panne velour fabric of circular knit construction classified in tariff item 
6001.92.aa.    
17  Viscose rayon yarns classified in subheading 5403.31 or 5403.32.     
18  Yarn of combed cashmere, co mbed cashmere blends, or combed ca mel hair classified in tariff item 
5108.20.aa.  
19  Two elastomeric fabrics used in waistbands, classified in tariff item 5903.90.bb:  (1) a knitted outer-
fusible material with a fold line that is knitted into the fabric.  The fabric is a 45 millimeter wide base 
substrate, knitted in narrow width, synthetic fiber based (made of 49% polyester/43% elastomeric filament/8% nylon with a weight of 4.4 ounces, a 110/110 stretch, and a dull yarn), stretch elastomeric 
material with an adhesive (thermoplastic resin) coating.  The 45 millimeter width is divided as follows:  
34 millimeter solid, followed by a 3 millimeter seam allowing it to fold over, followed by 8 millimeter of solid; (2) a knitted inner-fusible material with an adhesive (thermoplastic resin) coating that is applied 
after going through a finishing process to remove all shrinkage from the product.  The fabric is a 40 
millimeter synthetic fiber based, stretch elastome ric fusible consisting of 80% nylon type 6 and 20% 
elastomeric filament with a weight of 4.4 ounces, a 110/110 stretch, and a dull yarn.  
20  Fabrics classified in subheading 5210.21 or 5210.31, not of square construction, containing more than 70 
warp ends and filling picks per square centimeter , of average yarn number  exceeding 135 metric.  
21  Fabrics classified in subheading 5208.22 or 5208.32, not of square construction, containing more than 75 
warp ends and filling picks per square centimeter , of average yarn number  exceeding 135 metric.  
22  Fabrics classified in subheading 5407.81, 5407.82, or 5407.83, weighing less than 170 grams per square 
meter, having a dobby weave created  by a dobby attachment of aver age yarn number exceeding 135 
metric.   
23  Cuprammonium rayon filament yarn classified in subheading 5403.39.  
24  Fabrics classified in subheading 5208.42 or 5208.49, not of square construction, containing more than 85 
warp ends and filling picks per square centimeter, of average yarn number exceeding 85 metric, of 
average yarn number exceeding  135 metric if the fabric is Oxford construction.  
25  Single ring-spun yarn of yarn numbers 51 and 85 metric, containing 50 percent or more, but less than 85 
percent, by weight of 0.9 denier or finer micro modal fiber, mixed solely with U.S. origin extra long pima 
cotton, classified in subheading 5510.30.  
26  Tow of viscose rayon classified in heading 55.02.  
27  100 percent cotton woven flannel fabrics, single ring -spun yarns of different colors, of yarn numbers 21 
through 36 metric, classified in tariff item 5208.4 3.aa, of 2 x 2 twill weave construction, weighing not 
more than 200 grams per square meter.  
28  Fabrics classified in the following tariff items of  average yarn number exceed ing 93 metric:  5208.21.aa, 
5208.22.aa, 5208.29.aa, 5208.31.a a, 5208.32.aa, 5208.39. aa, 5208.41.aa, 5208.42.aa, 5208.49.aa, 
5208.51.aa, 5208.52.aa, 5208.59.a a, 5210.21.aa, 5210.29. aa, 5210.31.aa, 5210.39.aa, 5210.41.aa, 
5210.49.aa, 5210.51.aa,  or 5210.59.aa.  
29  Certain yarns of carded cashmere or of carded cam el hair, classified in tariff item 5108.10.aa, used to 
produce woven fabrics classified in subheading 5111.11 or 5111.19.  
30  Acid-dyeable acrylic tow classified in subheading 5501.30, for production of yarn classified in 
subheading 5509.31.  
31  Untextured flat yarns of nylon classified in tariff item 5402.41.aa.  The yarns are described as: (1) of 
nylon, 7 denier/5 filament nylon 66  untextured (flat) semi-dull yarn ; multifilament, untwisted or with a 
twist not exceeding 50 turns/meter; (2) of nylon, 10 denier/7 filament nylon 66 untextured (flat) semi-dull 
yarn; multifilament, untwisted or with  a twist not exceeding 50 turns/meter; or (3) of nylon, 12 denier/5 
filament nylon 66 untextured (flat) semi-dull yarn; mu ltifilament, untwisted or with a twist not exceeding 
50 turns/meter.    WT/REG211/1 
Page 58  
 
32  Woven fabric classified in tariff item 5515.13.aa, combed of polyester staple fibers mixed with wool, and 
containing less than 36% by weight of wool.     
33  Knitted fabric of 85% spun silk/15% wool (210 grams per square meter), classified in tariff item 
6006.90.aa.  
34  Woven fabrics classified in subheading 5512.99, containing 100% by weight of synthetic staple fibers, not 
of square construction, of average yarn number  exceeding 55 metric.  
35  Woven fabrics classified in subheadings 5512.21 or 5512.29, of 100% acrylic fibers, of average yarn 
number exceeding 55 metric.  
36  Rayon filament sewing thread, classified in subheading 5401.20.  
37  Poplin, ring spun, woven fabric of 97% cotton, 3% Lycra, classified in tariff item 5208.32.bb.  
38  Polyester/Nylon/Spandex Synthetic Tri-blend (74/22/4%) woven fabric, classified in tariff item 
5512.99.aa.  
39  Two-way stretch woven fabric of polyester/rayon/spandex (62/32/6%), classified in tariff item 
5515.19.aa.  
40  Two-way stretch woven fabric of polyester/rayon/spandex (71/23/6%), classified in tariff item 
5515.19.aa.  
41  Dyed rayon blend (70% rayon/30% polyester) herringbone twill fabric, classified in subheading 5516.92, 
weighing more than 200 grams per square meter.  
42  Printed 100% rayon herringbone fabric, classified in subheading 5516.14, weighing more than 200 grams 
per square meter.  
43  Leaver’s Lace classified in  subheading 5804.21 or 5804.29.  
 
Note : This list shall remain in effect until the United States publishes a re placement list that makes changes to 
the list pursuant to Article 3.25.4 or 3.25.5.  Any replacem ent list shall supersede this list and any prior 
replacement list, and the United States shall publish the replacement list at th e same time that the 
United States makes a determination pursuant to Article 3.25.4, and six months after the United States 
makes a determination pursuant to Article 3.25.5. The United States shall transmit a copy of any 
replacement list to the other Parties at  the time it publishes the list.   
 
 
ANNEX 3.27:  PREFERENTIAL TARIFF TREATMENT FOR WOOL APPAREL GOODS 
ASSEMBLED IN COSTA RICA 
  
1. Subject to paragraph 4, the United States shall a pply a rate of duty that is 50 percent of the 
MFN rate of duty to men’s, boys’, women’s, a nd girls’ tailored wool apparel goods in textile 
categories 433, 435 (suit-type jackets only), 442, 443, 444, 447, and 448, all within headings 6203 and 6204, if they meet all applicable cond itions for preferential tariff treatment,
23 and are both cut and 
sewn or otherwise assembled in the territory of Costa Rica, regardless of the origin of the fabric used 
to make the goods.      
2. For purposes of determining the quantity of square meter equivalents (SME) charged against 
the limits set out in paragraph 4, the conversion factors listed in Correlation: U.S. Textile and Apparel 
Category System with the Harmonized Tariff Sc hedule of the United States of America 2003 , U.S. 
Department of Commerce, Office of Textiles and Apparel, or successor publication, and reproduced 
in paragraph 3, shall apply.  
  
                                                     
 
23 For greater certainty, the applicable conditions for preferential tariff treatment include Chapter 
Rules 1, 3, and 4 for Chapter 62 of the specific rules of origin in Annex 4.1 (Specific Rules of Origin).    WT/REG211/1 
 Page 59 
 
 
3. The treatment described in paragraph 1 shall apply to the following goods:24 
CAT   SMEF   Description      Unit of Measure  
 
433   30.10    M&B SUIT-TYPE JACKETS     DZ  
435   45.10    W&G SUIT-TYPE JACKETS25    D Z   
442   15.00    W&G SKIRTS       DZ  
443   3.76    M&B SUITS       NO  
444   3.76    W&G SUITS       NO  447   15.00   M&B SHORTS, TROUSERS, BREECHES    DZ  
448   15.00   W&G SHORTS, TROUSERS, BREECHES    DZ  
 
4. The treatment described in paragraph 1 shall be limited to goods imported into the territory of 
the United States up to a quantity of 500,000 SME in each of the first tw o years after the date of entry 
into force of this Agreement.    
5. Costa Rica and the United States shall consult 18 m onths after the date of entry into force of 
this Agreement regarding the operation of this Annex and the availability of wool fabric in the region.  
 
ANNEX 3.28:  PREFERENTIAL TARIFF TREATMENT FOR NON-ORIGINATING APPAREL 
GOODS OF NICARAGUA  
 
1. Subject to paragraph 4, the United States shall a pply the applicable rate of duty set out in its 
Schedule to Annex 3.3 to the cotton and man-made  fiber apparel goods liste d in paragraph 3 and 
provided for in chapters 61 and 62 of the Harmonize d System, if they meet the applicable conditions 
for preferential tariff treatment other than the condi tion that they be originating goods, and are both 
cut or knit to shape, and sewn or otherwise assembled, in the territory of Nicaragua.    
2. For purposes of determining the quantity of squa re meter equivalents (SME) that is charged 
against the annual quantity, the conversion factors listed in Correlation: U.S. Textile and Apparel 
Category System with the Harmonized Tariff Sc hedule of the United States of America 2003 , U.S. 
Department of Commerce, Office of Textiles and Apparel, or successor publication, and reproduced 
in paragraph 3, shall apply.  
3. The treatment described in paragraph 1 shall apply to the following goods:26  
 
                                                      
 24 For purposes of this paragraph:  
 DZ  means dozen;  
 M&B  means men’s and boys’;  
 NO  means number;  
 SMEF  means SME factor; and  
 W&G  means women’s and girls’.  
 25 For category 435, preferential tariff treatment is av ailable only for suit-type jackets classified in 
subheading 6204.31 and tariff items 6204.33.aa, 6204.39.aa, and 6204.39.dd.    
 26 For purposes of this paragraph:  
 DZ  means dozen;  
 KG  means kilogram;  
 DPR  means dozen pairs;  
 M&B  means men’s and boys’;  
 MMF  means man-made fiber;  
 NO  means number;  
 SMEF  means SME factor; and  
W&G  means women’s and girls’ WT/REG211/1 
Page 60  
 
CAT  SMEF   Description       Unit of Measure  
 
237  19.20   PLAYSUITS, SUNSUITS, ETC      DZ  
239  6.30   BABIES' GARMENTS & CLOTHING ACCESS    KG  330  1.40   COTTON HANDKERCHIEFS      DZ  331  2.90   COTTON GLOVES AND MITTENS     DPR  332  3.80   COTTON HOSIERY       DPR  333  30.30   M&B SUIT-TYPE COATS, COTTON     DZ  334  34.50   OTHER M&B COATS, COTTON      DZ  335  34.50   W&G COTTON COATS       DZ  336  37.90   COTTON DRESSES       DZ  338  6.00   M&B COTTON KNIT SHIRTS      DZ  339  6.00   W&G COTTON KNIT SHIRTS/BLOUSES    DZ  340  20.10   M&B COTTON SHIRTS, NOT KNIT     DZ  341  12.10   W&G COTTON SHIRTS/BLOUSES, NOT KNIT    DZ  342  14.90   COTTON SKIRTS       DZ  345  30.80   COTTON SWEATERS       DZ  347  14.90   M&B COTTON TROU SERS/BREECHES/SHORTS   DZ  
348  14.90   W&G COTTON TROUSERS/BREECHES/SHORTS   DZ  349  4.00   BRASSIERES, OTHER BODY SUPPORT GARMENTS  DZ  350  42.60   COTTON DRESSING GOWNS, ROBES, ETC.    DZ  351  43.50   COTTON NIGHTWEAR/PAJAMAS     DZ  352  9.20   COTTON UNDERWEAR      DZ  353  34.50   M&B COTTON DOWNFILLED COATS     DZ  354  34.50   W&G COTTON DOWNFILLED COATS     DZ  359  8.50   OTHER COTTON APPAREL      KG  630  1.40   MMF HANDKERCHIEFS      DZ  631  2.90   MMF GLOVES AND MITTENS      DPR  632  3.80   MMF HOSIERY        DPR  633  30.30   M&B MMF SUIT-TYPE COATS      DZ  634  34.50   OTHER M&B MMF COATS      DZ  635  34.50   W&G MMF COATS DZ 636 37.90 MMF DRESSES   DZ  638  15.00   M&B MMF KNIT SHIRTS      DZ  639  12.50   W&G MMF KNIT SHIRTS & BLOUSES     DZ  640  20.10   M&B NOT-KNIT MMF SHIRTS      DZ  641  12.10   W&G NOT-KNIT MMF SHIRTS & BLOUSES    DZ  642  14.90   MMF SKIRTS        DZ  643  3.76   M&B MMF SUITS NO 644 3.76 W&G MMF SUITS   NO  645  30.80   M&B MMF SWEATERS       DZ  646  30.80   W&G MMF SWEATERS      DZ  647  14.90   M&B MMF TROUSERS/BREECHES/SHORTS    DZ  648  14.90   W&G MMF TROUSERS/BREECHES/SHORTS    DZ  649  4.00   MMF BRAS & OTHER BODY SUPPORT GARMENTS   DZ  650  42.60   MMF ROBES, DRESSING GOWNS, ETC.    DZ  651  43.50   MMF NIGHTWEAR & PAJAMAS     DZ  652  13.40   MMF UNDERWEAR       DZ  653  34.50   M&B MMF DOWNFILLED COATS     DZ  654  34.50   W&G MMF DOWNFILLED COATS     DZ  659  14.40   OTHER MMF APPAREL      KG   WT/REG211/1 
 Page 61 
 
 
4. The treatment described in paragraph 1 shall be limited as follows:    
(a) in each of the first five years after the date  of entry into force of this Agreement, to 
goods imported into the territory of the Unite d States up to a quantity of 100,000,000 
SME;  
(b) in the sixth year, to goods imported into the territory of the United States up to a 
quantity of 80,000,000 SME;  
(c) in the seventh year, to goods imported in to the territory of the United States up to a 
quantity of 60,000,000 SME;  
(d) in the eighth year, to goods imported into the territory of the United States up to a 
quantity of 40,000,000 SME; and  
(e) in the ninth year, to goods imported into  the territory of the United States up to a 
quantity of 20,000,000 SME.  
 Beginning the tenth year after the date of entr y into force of this Agreement, this Annex 
shall cease to apply.  
 
 
ANNEX 3.29:  TEXTILE OR APPAREL GOODS NOT COVERED BY SECTION G  
 
HS No.  Description  
3005.90  Wadding, gauze, bandages, and the like  
ex 3921.12 
ex 3921.13 
Ex 3921.90  Woven, knitted, or non-woven fabrics coated , covered, or laminated with plastics  
Ex 6405.20  Footwear with soles and uppers of wool felt  
Ex 6406.10  Footwear uppers of wh ich 50% or more of the external surface area is textile material  
Ex 6406.99  Leg warmers and gaiters of textile material  
6501.00  Hat forms, hat bodies, and hoods of felt; plateaux and manchons of felt  
6502.00  Hat shapes, plaited or made by assembling strips of any material  
6503.00  Felt hats and other felt headgear  
6504.00  Hats and other headgear, plaited or made by assembling strips of any material  
6505.90  Hats and other headgear, knitted or ma de up from lace or other textile material  
8708.21  Safety seat belts for motor vehicles  
8804.00  Parachutes; their parts and accessories  
9113.90  Watch straps, bands, and bracelets of textile materials  
9502.91  Garments for dolls  
Ex 9612.10  Woven ribbons of man-made fibers, other than those measuring less than 30 millimeters in 
width and permanently put up in cartridges  
 
Note :  Whether or not a textile or apparel good is covered by this Section shall be determined in accordance 
with the Harmonized System.  The descriptions provided in this Annex are for reference purposes only.  
 WT/REG211/1 
Page 62  
 
CHAPTER FOUR:  RULES OF ORIGIN AND ORIGIN PROCEDURES  
Section A: Rules of Origin 
 
Article 4.1 
Originating Goods   
 
Except as otherwise provided in this Chapter,  each Party shall provide that a good is 
originating where:  
 
(a) it is a good wholly obtained or produced entirely in the territory of one or more of the 
Parties;  
(b) it is produced entirely in the territory of one or more of the Parties and   
(i) each of the non-originating materials used in the production of the good 
undergoes an applicable change in tari ff classification specified in Annex 4.1, 
or  
(ii) the good otherwise satisfies any applicab le regional value content or other 
requirements specified in Annex 4.1,   
and the good satisfies all other applicable  requirements of this Chapter; or  
 
(c) it is produced entirely in the territory of one or more of the Parties exclusively from 
originating materials.   
Article 4.2 
 
Regional Value Content  
1. Where Annex 4.1 specifies a regional value content test to determine whether a good is 
originating, each Party shall provide that the importer, exporter, or producer may use a calculation of regional value content based on one or the other of the following methods:   
(a) Method Based on Value of Non-Origin ating Materials (“Build-down Method”)  
  RVC = AV - VNM
 x 100  
   AV   
(b) Method Based on Value of Originating Materials (“Build-up Method”)  
  RVC =  VOM
 x 100  
  AV  
 where,  
 RVC  is the regional value content, expressed as a percentage;   
AV  is the adjusted value;   WT/REG211/1 
 Page 63 
 
 
 VNM  is the value of non-originating materials that are acquired and used by the producer in 
the production of the good; VNM does not include the value of a material that is self-produced; and  
 
 VOM  is the value of originating material s acquired or self-produced, and used by the 
producer in the production of the good.  
 
2. Each Party shall provide that all costs consider ed for the calculation of regional value content 
shall be recorded and maintained in conformity with the Generally Accepted Accounting Principles 
applicable in the territory of the Party where the good is produced.  
3. Where Annex 4.1 specifies a regional value cont ent test to determine if an automotive good
1 
is originating, each Party shall provide that the im porter, exporter, or producer may use a calculation 
of the regional value content of that good as pr ovided in paragraph 1 or based on the following 
method:  
Method for Automotive Products (“Net Cost Method”)  
 
RVC = NC - VNM  x 100  
NC  
 
where,  
 
RVC  is the regional value content, expressed as a percentage;   NC  is the net cost of the good; and   VNM  is the value of non-originating materials acquired and used by the producer in the 
production of the good; VNM does not include the value of a material that is self-produced.  
 
4. Each Party shall provide that, for purposes of the regional value content method in 
paragraph 3, the importer, exporter, or producer may use a calculation averaged over the producer’s 
fiscal year, using any one of the following categor ies, on the basis of all motor vehicles in the 
category or only those motor vehicles in the category that are exported to the territory of one or more 
of the other Parties:  
(a) the same model line of motor vehicles in the same class of vehicles produced in the 
same plant in the territory of a Party;  
(b) the same class of motor vehicles produced in th e same plant in the territory of a Party; 
or  
(c) the same model line of motor vehicles produced in the territory of a Party.  
                                                     
 
 1 Paragraph 3 applies solely to goods classified under the following headings and subheadings:  
8407.31 through 8407.34 (engines), 8408.20 (diesel engines for vehicles), 84.09 (parts of engines), 87.01 
through 87.05 (motor vehicles), 87.06 (chassis), 87.07 (bodies), and 87.08 (motor vehicle parts).   WT/REG211/1 
Page 64  
 
5. Each Party shall provide that, for purposes of calculating regiona l value content under 
paragraph 3 for automotive materials
2 produced in the same plant, an importer, exporter, or producer 
may use a calculation:  
(a) averaged:  
(i) over the fiscal year of the motor vehicle producer to whom the good is sold;  
(ii) over any quarter or month; or  
(iii) over its fiscal year,  
provided that the good was produced during the fiscal year, quarter, or month forming the 
basis for the calculation;  
 
(b) in which the average in subparagraph (a) is  calculated separately for such goods sold 
to one or more motor vehicle producers; or  
(c) in which the average in subparagraph (a) or  (b) is calculated separately for those 
goods that are exported to the territory of one or more of the Parties.  
Article 4.3 
 
Value Of Materials  
Each Party shall provide that, for purposes of Articles 4.2 and 4.6, the value of a material 
shall be:  
 
(a) for a material imported by the producer of the good, the adjusted value of the 
material;  
(b) for a material acquired in the territo ry where the good is produced, the value, 
determined in accordance with Articles 1 through 8, Article 15, and the 
corresponding interpretative notes of the Cu stoms Valuation Agreement in the same 
manner as for imported goods, with such r easonable modifications as may be required 
due to the absence of an importation; or   
(c) for a material that is self-produced,   
(i) all the expenses incurred in the produc tion of the material, including general 
expenses, and  
(ii) an amount for profit equivalent to th e profit added in the normal course of 
trade.  
 
   
                                                     
 
 2 Paragraph 5 applies solely to automotive materials classified under the following headings and 
subheadings: 8407.31 through 8407.34 (engines), 8408.20 (diesel engines for vehicles), 84.09 (parts of engines), 
87.06 (chassis), 87.07 (bodies), and 87.08 (motor vehicle parts).   WT/REG211/1 
 Page 65 
 
 
Article 4.4 
 
Further Adjustments To The Value Of Materials  
1. Each Party shall provide that, for originati ng materials, the following expenses, where not 
included under Article 4.3, may be a dded to the value of the material:  
(a) the costs of freight, insurance, packing, a nd all other costs incurred in transporting the 
material within a Party’s territory or between  the territories of two or more Parties to 
the location of the producer;  
(b) duties, taxes, and customs brokerage fees on the material paid in the territory of one 
or more of the Parties, other than du ties and taxes that are waived, refunded, 
refundable, or otherwise recoverable, in cluding credit against duty or tax paid or 
payable; and  
(c) the cost of waste and spoilage resulting from the use of the material in the production 
of the good, less the value of renewable scrap or by-product.  
2. Each Party shall provide that, for non-origina ting materials, the following expenses, where 
included under Article 4.3, may be deducted from the value of the material:  
(a) the costs of freight, insurance, packing, a nd all other costs incurred in transporting the 
material within a Party’s territory or between  the territories of two or more Parties to 
the location of the producer;  
(b) duties, taxes and customs brokera ge fees on the material paid in the territory of one or 
more of the Parties, other than duties and taxes that are waived, refunded, refundable, 
or otherwise recoverable, including credit against duty or tax paid or payable;  
(c) the cost of waste and spoilage resulting from the use of the material in the production 
of the good, less the value of renewable scrap or by-product; and  
(d) the cost of originating materi als used in the production of the non-originating material 
in the territory of a Party.  
Article 4.5 
 
Accumulation  
1. Each Party shall provide that originating goods or materials of one or more of the Parties, 
incorporated into a good in the territory of another Party, shall be considered to originate in the 
territory of that other Party.  
2. Each Party shall provide that a good is originating where the good is produced in the territory 
of one or more of the Parties by one or more producers, provided that the good satisfies the requirements in Article 4.1 and all other app licable requirements in this Chapter.   
 
    WT/REG211/1 
Page 66  
 
Article 4.6 
 
De Minimis 
 
1. Except as provided in Annex 4.6, each Party shall provide that a good that does not undergo a 
change in tariff classification pursuant to Annex 4.1 is nonetheless originating if the value of all non-
originating materials used in the production of the good and that do not undergo the applicable change 
in tariff classification does not exceed ten percent of the adjusted value of th e good, provided that the 
value of such non-originating materials shall be in cluded in the value of non-originating materials for 
any applicable regional value content requirement  and that the good meets all other applicable 
requirements in this Chapter.   
2. With respect to a textile or apparel good, Artic le 3.25.7 (Rules of Orig in and Related Matters) 
applies in place of paragraph 1.  
Article 4.7 
 
Fungible Goods And Materials  
1. Each Party shall provide that an importer may claim that a fungible good or material is 
originating where the importer, exporter, or producer has:    
(a) physically segregated each fungible good or material; or   
(b) used any inventory management method, such  as averaging, last-in-first-out (LIFO) 
or first-in-first-out (FIFO), recognized in the Generally Accepted Accounting 
Principles of the Party in which the produc tion is performed or otherwise accepted by 
the Party in which the production is performed.  
2. Each Party shall provide that the inventor y management method selected under paragraph 1 
for a particular fungible good or material shall continue to be used for that good or material throughout the fiscal year of the person that selected the inventory management method.  
Article 4.8 
 
Accessories, Spare Parts, And Tools 
 
1. Each Party shall provide that a good’s standard  accessories, spare parts, or tools delivered 
with the good shall be treated as originating goods if the good is an originating good and shall be 
disregarded in determining whether all the non-orig inating materials used in the production of the 
good undergo the applicable change in  tariff classification, provided that:  
(a) the accessories, spare parts, or tools are cl assified with and not invoiced separately 
from the good, regardless of whether they app ear specified or separately identified in 
the invoice itself; and  
(b) the quantities and value of the accessories, spar e parts, or tools are customary for the 
good.  
2. If a good is subject to a regional value conten t requirement, the value of accessories, spare 
parts, or tools shall be taken into account as origin ating or non-originating materials, as the case may 
be, in calculating the regional value content of the good.   WT/REG211/1 
 Page 67 
 
 
Article 4.9 
 
Packaging Materials And Containers For Retail Sale  
 Each Party shall provide that packaging materi als and containers in which a good is packaged 
for retail sale shall, if classified with the good,  be disregarded in determining whether all the 
non-originating materials used in the production of the good undergo the applicable change in tariff 
classification set out in Annex 4.1 and, if the good is  subject to a regional value content requirement, 
the value of such packaging mate rials and containers shall be ta ken into account as originating or 
non--originating materials, as the case may be, in cal culating the regional value content of the good.  
 
Article 4.10 
 
Packing Materials And Containers For Shipment  
 Each Party shall provide that packing mate rials and containers for shipment shall be 
disregarded in determining whether a good is originating.  
 
Article 4.11 
 
Indirect Materials Used In Production  
 Each Party shall provide that an indirect mate rial shall be considered to be an originating 
material without regard to where it is produced.  
 
Article 4.12 
 
Transit And Transshipment  
Each Party shall provide that a good shall not be considered to be an originating good if the good:  
 
(a) undergoes subsequent production or any othe r operation outside the territories of the 
Parties, other than unloading, reloading,  or any other operation necessary to preserve 
the good in good condition or to transport th e good to the territory of a Party; or  
(b) does not remain under the control of cust oms authorities in the territory of a 
non-Party.  
Article 4.13 
 
Sets Of Goods  
1. Each Party shall provide that if goods are classified as a set as a result of the application of 
rule 3 of the General Rules of Interpretation of th e Harmonized System, the set is originating only if 
each good in the set is originating and both the set and the goods meet all other applicable 
requirements in this Chapter.    
2. Notwithstanding paragraph 1, a set of goods is originating if the value of all the 
non-originating goods in the set does not exceed 15 percent of the adjusted value of the set.  
3. With respect to a textile or apparel good, Artic le 3.25.9 (Rules of Orig in and Related Matters) 
applies in place of paragraphs 1 and 2.  WT/REG211/1 
Page 68  
 
Article 4.14 
 
Consultation And Modifications 
 
1. The Parties shall consult regularly to ensure th at this Chapter is administered effectively, 
uniformly, and consistently with the spirit and objec tives of this Agreement, a nd shall cooperate in the 
administration of this Chapter.  
2. A Party that considers that a specific rule of origin set out in Annex 4.1 requires modification 
to take into account developments in production proc esses, lack of supply of originating materials, or 
other relevant factors may submit a proposed modi fication along with supporting rationale and any 
studies to the Commission for consideration.  
3. On submission by a Party of a proposed modification under paragraph 2, the Commission 
may refer the matter to an ad hoc working group  within 60 days or on such other date as the 
Commission may decide.  The working group shall meet  to consider the proposed modification within 
60 days of the date of referral or on such other date as the Commission may decide.    
4. Within such period as the Commission may direct , the working group shall provide a report to 
the Commission, setting out its conclu sions and recommendations, if any.  
5. On receipt of the report, the Commission may ta ke appropriate action under Article 19.1.3(b) 
(The Free Trade Commission).  
6. With respect to a textile or apparel good, pa ragraphs 1 through 3 of Article 3.25 (Rules of 
Origin and Related Matters) apply in place of paragraphs  2 through 5.  
 
Section B: Origin Procedures  
 
Article 4.15  
Obligations Relating To Importations  
1. Each Party shall grant any claim for preferentia l tariff treatment made in accordance with this 
Chapter, unless the Party issues a written determinati on that the claim is invalid as a matter of law or 
fact.  
2. A Party may deny preferential tariff treatment to  a good if the importer fails to comply with 
any requirement in this Chapter.    
3. No Party may subject an importer to any penalt y for making an invalid claim for preferential 
tariff treatment if the importer:  
(a) did not engage in negligence, gross neglig ence, or fraud in making the claim and pays 
any customs duty owing; or  
(b) on becoming aware that such a claim is not valid, promptly and voluntarily corrects 
the claim and pays any customs duty owing.   
4. Each Party may require that an importer who claims preferential tariff treatment for a good 
imported into its territory:   
(a) declare in the importation document that the good is originating;   WT/REG211/1 
 Page 69 
 
 
(b) have in its possession at the time the declar ation referred to in subparagraph (a) is 
made a written or electronic certification as described in Article 4.16, if the certification forms the basis for the claim;  
(c) provide a copy of the certification, on request, to the importing Party’s customs 
authority, if the certification fo rms the basis for the claim;  
(d) when the importer has reason to believe that  the declaration in subparagraph (a) is 
based on inaccurate information, correct the importation document and pay any customs duty owing;  
(e) when a certification by a producer or exporte r forms the basis for the claim, either 
provide or have in place, at the importer ’s option, an arrangement to have the 
producer or exporter provide, on request of the importing Party’s customs authority, 
all information relied on by such producer or exporter in making such certification; 
and  
(f) demonstrate, on request of the importing Party’s customs authority, that the good is 
originating under Article 4.1, including that the good satisfies the requirements of 
Article 4.12.  
5. Each Party shall provide that, where a good was originating when it was imported into its 
territory, but the importer of the good did not make a cl aim for preferential tariff  treatment at the time 
of importation, that importer may, no later than one year after the date of importation, make a claim 
for preferential tariff treatment and apply for a re fund of any excess duties paid as the result of the 
good not having been accorded preferential tariff treatment on presentation to its customs authority of:  
(a) a written declaration, stating that the good was originating at the time of importation;   
(b) on request of its customs authority, a copy of a written or electronic certification if a 
certification forms the basis for the claim, or other information demonstrating that the good was originating; and  
(c) such other documentation relating to the importation of the good as its customs 
authority may require.  
6. Each Party may provide that the importer is r esponsible for complying with the requirements 
of paragraph 4, notwithstanding that the importer may have based its claim for preferential tariff 
treatment on a certification or information that an exporter or producer provided.  
7. Nothing in this Article shall prevent a Party from taking action under Article 3.24.6 (Customs 
Cooperation).  
Article 4.16 
 
Claims Of Origin 
 
1. Each Party shall provide that an importer may make a claim for preferential tariff treatment 
based on either:  WT/REG211/1 
Page 70  
 
(a) a written or electronic
3 certification by the importer, exporter, or producer; or  
(b) the importer’s knowledge that the good is an originating good, including reasonable 
reliance on information in the importer’s po ssession that the good is an originating 
good.4 
 
2. Each Party shall provide that a certification need not be made in a prescribed format, provided 
that the certification is in written or electronic form, including but not limited to the following 
elements:   
(a) the name of the certifying person, includ ing as necessary contact or other identifying 
information;  
(b) tariff classification under the Harmonized System and a description of the good;  
(c) information demonstrating that the good is originating;   
(d) date of the certification; and  
(e) in the case of blanket certification issued as set out in paragraph 4(b), the period that 
the certification covers.  
3. Each Party shall provide that a certification by the producer or exporter of the good may be 
completed on the basis of:  
(a) the producer’s or exporter’s knowledge that the good is originating; or  
(b) in the case of an exporter, reasonable reliance on the producer’s written or electronic 
certification that the good is originating.  
 No Party may require an exporter or producer to provide a written or electronic 
certification to another person.  
 
4. Each Party shall provide that a certification may apply to:  
(a)  a single shipment of a good into the territory of a Party; or  
 
(b)  multiple shipments of identical goods w ithin any period specified in the written or 
electronic certification, not exceeding 12 mont hs from the date of the certification.  
 
5. Each Party shall provide that a certification sha ll be valid for four years after the date it was 
issued.  
6. Each Party shall allow an importer to submit a certification in the language of the importing 
Party or the exporting Party.  In the latter case, the customs authority of the importing Party may 
require the importer to submit a translation of the certification in the language of the importing Party.  
 
                                                      
3 Each Central American Party and the Dominican Republic shall authorize importers to provide 
electronic certifications beginning no later than three year s after the date of entry into  force of this Agreement. 
 4 Each Central American Party and the Dominican Republic shall implement subparagraph (b) no 
later than three years after the date of entry into force of this Agreement.   
  WT/REG211/1 
 Page 71 
 
 
Article 4.17 
 
Exceptions  
No Party may require a certification or in formation demonstrating that the good is 
originating where:  
 
(a) the customs value of the importation does not exceed 1,500 U.S. dollars or the 
equivalent amount in the currency of the importing Party, or such higher amount as may be established by the importing Party, unless the importing Party considers the importation to be part of a series of im portations carried out or planned for the 
purpose of evading compliance with the certification requirements; or  
(b) it is a good for which the importing Party does not require the importer to present a 
certification or information demonstrating origin.  
Article 4.18 
 
Obligations Relating To Exportations 
 
1. Each Party shall provide that:  
(a) an exporter or a producer in its territory that has provided a written or electronic 
certification in accordance with Article 4.16 shall, on request, provide a copy to the 
appropriate authority of the Party;  
(b) a false certification by an exporter or a pr oducer in its territory that a good to be 
exported to the territory of another Party is  originating shall be subject to penalties 
equivalent to those that would apply to an importer in its territory that makes a false 
statement or representation in connection with an importation, with appropriate 
modifications; and  
(c) when an exporter or a producer in its territory has provided a certification and has 
reason to believe that the certification contains or is based on incorrect information, the exporter or producer shall promptly notify in writing every person to whom the exporter or producer provided the certificati on of any change that could affect the 
accuracy or validity of the certification.  
2. No Party may impose penalties on an exporter or a producer for providing an incorrect 
certification if the exporter or producer voluntari ly notifies in writing all persons to whom it has 
provided the certification that it was incorrect.  
Article 4.19 
 
Record Keeping Requirements
 
1. Each Party shall provide that an exporter or a producer in its territory that provides a 
certification in accordance with Article 4.16 shall main tain, for a minimum of five years from the date 
the certification was issued, all records and documen ts necessary to demonstrate that a good for which 
the producer or exporter provided a certification was an originating good, including records and 
documents concerning:    
(a) the purchase of, cost of, value of, and payment for, the exported good;  WT/REG211/1 
Page 72  
 
(b) the purchase of, cost of, value of, and payment for, all materials, including indirect 
materials, used in the production of the exported good; and  
(c) the production of the good in the form in which it was exported.  
2. Each Party shall provide that an importer claiming preferential tariff treatment for a good 
imported into the Party’s territory shall maintain , for a minimum of five years from the date of 
importation of the good, all records and documents  necessary to demonstrate the good qualified for 
the preferential tariff treatment.    
Article 4.20 
 
Verification
 
1. For purposes of determining whether a good importe d into its territory from the territory of 
another Party is an originating good, each Party shall ensure that  its customs authority or other 
competent authority may conduct a verification by means of:   
(a) written requests for information from the importer, exporter, or producer;   
(b) written questionnaires to the importe r, exporter, or producer;  
(c) visits to the premises of an exporter or producer in the territory of the other Party, to 
review the records referred to in Article  4.19 or observe the facilities used in the 
production of the good, in accordance with the framework that the Parties develop 
pursuant to Article 4.21.2;  
(d) for a textile or apparel good, the procedures set out in Article 3.24 (Customs 
Cooperation); or  
(e) such other procedures to which the importing and exporting Parties may agree.  
2. A Party may deny preferential tariff treatment to an imported good where:   
(a) the exporter, producer, or importer fa ils to respond to a written request for 
information or questionnaire within a reasonable period, as established in the 
importing Party’s law;   
(b) after receipt of a written notification for a verification visit to which the importing 
and exporting Parties have agreed, the e xporter or producer does not provide its 
written consent within a reasonable period, as established by the importing Party’s 
law; or  
(c) the Party finds a pattern of conduct indicating that an importer, exporter, or producer 
has provided false or unsupported declarations  that a good imported into its territory 
is an originating good.  
3. Except as provided in Article 3.24.6(d) (C ustoms Cooperation), a Party conducting a 
verification shall provide the importe r a determination, in writing, of  whether the good is originating. 
The Party’s determination shall include factual findi ngs and the legal basis for the determination.   
4. If an importing Party makes a determination unde r paragraph 3 that a good is not originating, 
the Party shall not apply that determination to  an importation made be fore the date of the 
determination where:   WT/REG211/1 
 Page 73 
 
 
(a) the customs authority of the exporting Party issued an advance ruling regarding the 
tariff classification or valuation of one or  more materials used in the good under 
Article 5.10 (Advance Rulings);  
(b) the importing Party’s determination is based on a tariff classification or valuation for 
such materials that is different than that provided for in the advance ruling referred to 
in subparagraph (a); and  
(c) the customs authority issued the adva nce ruling before the importing Party’s 
determination.   
5. Where an importing Party determines through ve rification that an importer, exporter, or 
producer has engaged in a pattern of conduct in providing false or unsupported statements, 
declarations, or certifications that a good importe d into its territory is originating the Party may 
suspend preferential tariff treatment to identic al goods covered by s ubsequent statements, 
declarations, or certifications by that importer,  exporter, or producer until the importing Party 
determines that the importer, exporter, or produ cer is in compliance with this Chapter.  
Article 4.21 
 
Common Guidelines  
1. The Parties shall agree on and publish common guidelines for the interpretation, application, 
and administration of this Chapter and the relevant  provisions of Chapter Three (National Treatment 
and Market Access for Goods) and shall endeavor to do  so by the date of entry into force of this 
Agreement.  The Parties may agree to modify the common guidelines.   
2. The Parties shall endeavor to develop a frame work for conducting verifications pursuant to 
Article 4.20.1(c).  
Article 4.22 
 
Definitions  
For purposes of this Chapter:  
 
 adjusted value means the value determined in acco rdance with Articles 1 through 8, 
Article 15, and the corresponding interpretative notes  of the Customs Valuation Agreement, adjusted, 
if necessary, to exclude any costs, charges, or expenses incurred for trans portation, insurance, and 
related services incident to the international sh ipment of the merchandise from the country of 
exportation to the place of importation;  
 
 class of motor vehicles means any one of the following categories of motor vehicles:  
 
(a) motor vehicles provided for in subheading 8701.20, motor vehicles for the transport 
of 16 or more persons provided for in subheading 8702.10 or 8702.90, and motor 
vehicles of subheading 8704.10, 8704.22, 8704.23, 8704.32, or 8704.90, or heading 87.05 or 87.06;  
(b) motor vehicles provided for in subheading 8701.10 or subheadings 8701.30 through 
8701.90;  WT/REG211/1 
Page 74  
 
(c) motor vehicles for the transport of 15 or  fewer persons provided for in subheading 
8702.10 or 8702.90, and motor vehicles of subheading 8704.21 or 8704.31; or  
(d) motor vehicles provided for in subheadings 8703.21 through 8703.90;  
 fungible goods or materials means goods or materials that are interchangeable for 
commercial purposes and whose properties are essentially identical;  
 
 Generally Accepted Accounting Principles  means recognized consensus or substantial 
authoritative support given in the territory of a Pa rty with respect to the recording of revenues, 
expenses, costs, assets, and liabilities, the disclosure of information, and the preparation of financial 
statements.  Generally Accepted Accounting Prin ciples may encompass broad guidelines for general 
application, as well as detailed standards, practices, and procedures;  
 
 good  means any merchandise, product, article, or material;  
 
 goods wholly obtained or produced entirely in  the territory of one or more of the Parties  
means:  
 
(a) plants and plant products harvested or gathered  in the territory of one or more of the 
Parties;  
(b) live animals born and raised in the territo ry of one or more of the Parties;  
(c) goods obtained in the territory of one or more of the Parties from live animals;  
(d) goods obtained from hunting, trapping, fish ing, or aquaculture conducted in the 
territory of one or more of the Parties;  
(e) minerals and other natural resources not in cluded in subparagraphs (a) through (d) 
extracted or taken from the territory of one or more of the Parties;  
(f) fish, shellfish, and other marine life taken from the sea, seabed, or subsoil outside the 
territory of one or more of the Parties by vessels registered or recorded with a Party 
and flying its flag;  
(g) goods produced on board factory ships from  the goods referred to in subparagraph (f), 
provided such factory ships are registered or recorded with that Party and fly its flag;  
(h) goods taken by a Party or a person of a Party from the seabed or subsoil outside 
territorial waters, provided that a Party has rights to exploit such seabed or subsoil;  
(i) goods taken from outer space, provided they are obtained by a Party or a person of a 
Party and not processed in the territory of a non-Party;  
(j) waste and scrap derived from  
(i) manufacturing or processing operations in the territory of one or more of the 
Parties, or  
(ii) used goods collected in the territory of one or more of the Parties, provided 
such goods are fit only for the recovery of raw materials;    WT/REG211/1 
 Page 75 
 
 
(k) recovered goods derived in the territory of  one or more of the Parties from used 
goods, and utilized in the territory of one or  more of the Parties in the production of 
remanufactured goods; and  
(l) goods produced in the territory of one or more of the Parties exclusively from goods 
referred to in subparagraphs (a ) through (j), or from their derivatives, at any stage of 
production;  
 identical goods means “identical goods” as defined in the Customs Valuation Agreement;  
 
 indirect material means a good used in the production, testing, or inspection of a good, but 
not physically incorporated into the good, or a good used in the maintenance of buildings or the 
operation of equipment associated with the production of a good, including:  
 
(a) fuel and energy;  
(b) tools, dies, and molds;  
(c) spare parts and materials used in the maintenance of equipment and buildings;  
(d) lubricants, greases, compounding materials, and other materials used in production or 
used to operate equipment and buildings;  
(e) gloves, glasses, footwear, clothing, safety equipment, and supplies;  
(f) equipment, devices, and supplies used for testing or inspecting the good;  
(g) catalysts and solvents; and  
(h) any other goods that are not incorporated into the good but whose use in the 
production of the good can reasonably be de monstrated to be a part of that 
production;  
 material  means a good that is used in the production of another good, including a part or an 
ingredient;  
 
 material that is self-produced  means an originating material that is produced by a producer 
of a good and used in the production of that good;  
 
 model line means a group of motor vehicles having the same platform or model name;  
 
 net cost means total cost minus sales promotion, marketing, and after-sales service costs, 
royalties, shipping and packing costs, and non-allowabl e interest costs that are included in the total 
cost;  
 
 net cost of the good  means the net cost that can be reasonably allocated to the good under 
one of the following methods:  
 
(a) by calculating the total cost incurred with  respect to all goods produced by that 
producer, subtracting any sales promotion, marketing and after-sales service costs, royalties, shipping and packing costs, a nd non-allowable interest costs that are 
included in the total cost of all such  goods, and then reasonably allocating the 
resulting net cost of those goods to the good;  WT/REG211/1 
Page 76  
 
(b) calculating the total cost incurred with respect  to all goods produced by that producer, 
reasonably allocating the total cost to the good, and then subtracting any sales promotion, marketing and after-sales service costs, royalties, shipping and packing costs, and non-allowable interest costs that are included in the portion of the total cost 
allocated to the good; or  
(c) reasonably allocating each cost that forms part  of the total cost incurred with respect 
to the good so that the aggregate of these costs does not include any sales promotion, 
marketing, and after-sales service costs, royalties, shipping and packing costs, and 
non-allowable interest costs,  
provided that the allocation of all such costs is c onsistent with the provisions regarding the reasonable 
allocation of costs set out in Generally Accepted Accounting Principles;  
 non-allowable interest costs means interest costs incurre d by a producer that exceed 
700 basis points above the yield on debt obligations of comparable maturities issued by the central 
level of government of the Party in which the producer is located;  
 
 non-originating good or non-originating material means a good or material that is not 
originating under this Chapter;  
 
 packing materials and c ontainers for shipment means the goods used to protect a good 
during its transportation and does not include the p ackaging materials and containers in which a good 
is packaged for retail sale;   
 producer  means a person who engages in the production of a good in the territory of a Party;  
  production  means growing, mining, harvesting, fi shing, raising, trapping, hunting, 
manufacturing, processing, assembling, or disassembling a good;   
 reasonably allocate means to apportion in a manner a ppropriate under Generally Accepted 
Accounting Principles;  
 
 recovered goods  means materials in the form of individual parts that are the result of: (a) the 
disassembly of used goods into individual parts; a nd (b) cleaning, inspecting, testing, or other 
processes as necessary for improvement  to sound working condition;  
 
 remanufactured goods  means goods classified under Harmonized System chapter 84, 85, or 
87 or heading 90.26, 90.31, or 90.32, except goods  classified under heading 84.18 or 85.16, that:  
 
(a) are entirely or partially comprised of recovered goods; and  
(b) have a similar life expectancy and enjoy a factory warranty similar to such a new 
good;  
 total cost means all product costs, period costs, and other costs for a good incurred in the 
territory of one or more of the Parties;  
 
 used  means used or consumed in the production of goods; and  
   
  WT/REG211/1 
 Page 77 
 
 
 value  means the value of a good or material for purposes of calculating customs duties or for 
purposes of applying this Chapter.   
 
ANNEX 4.6:  EXCEPTIONS TO ARTICLE 4.6  
 
 Article 4.6 shall not apply to : 
 
(a) a non-originating material classified under chapter 4 of the Harmonized System, or a 
non-originating dairy preparation containing ov er ten percent by weight of milk solids 
classified under subheading 1901.90 or 2106.90,  that is used in the production of a 
good classified under chapter 4 of the Harmonized System;  
(b) a non-originating material classified under chapter 4 of the Harmonized System, or a 
non-originating dairy preparation containing ov er ten percent by weight of milk solids 
classified under subheading 1901.90, that is  used in the production of the following 
goods: infant preparations containing over ten percent in weight of milk solids 
classified under subheading 1901.10; mix es and doughs, containing over 25 percent 
by weight of butterfat, not put up for retail sale, classified under subheading 1901.20; dairy preparations containing over ten percen t by weight of milk solids, classified 
under subheading 1901.90 or 2106.90; headi ng 21.05; beverages containing milk 
classified under subheading 2202.90; or anim al feeds containing over ten percent by 
weight of milk solids classified under subheading 2309.90;  
(c) a non-originating material classified u nder heading 08.05 or subheadings 2009.11 
through 2009.30 that is used in the prod uction of a good classified under subheadings 
2009.11 through 2009.30, or in fruit or vegetable juice of any single fruit or vegetable, fortified with minerals or vitamins, concentrated or unconcentrated, 
classified under subheadin g 2106.90 or 2202.90;  
(d) a non-originating material classified under head ing 09.01 or 21.01, that is used in the 
production of a good classified under heading 09.01 or 21.01;  
(e) a non-originating material classified under heading 10.06 that is used in the 
production of a good classified under heading 11 .02 or 11.03 or subheading 1904.90;  
(f) a non-originating material classified under chapter 15 of the Harmonized System that 
is used in the production of a good classified under chapter 15 of the Harmonized 
System;  
(g) a non-originating material classified under heading 17.01 that is used in the 
production of a good classified under heading 17.01 through 17.03;  
(h) a non-originating material classified under chapter 17 of the Harmonized System that 
is used in the production of a good classified under subheading 1806.10; or  
(i) except as provided under subparagraph (a) through (h) and in the specific rules of 
origin under Annex 4.1, a non-originating material used in the production of a good 
classified under chapter 1 through 24 of the Harmonized System unless the non-originating material is classified under a different subheading than the good for which 
origin is being determined.  
 
 WT/REG211/1 
Page 78  
 
CHAPTER FIVE :  CUSTOMS ADMINISTRATION AND TRADE FACILITATION  
 
Article 5.1 
 
Publication 
 
1. Each Party shall publish, including on the Intern et, its customs laws, regulations, and general 
administrative procedures.  
2. Each Party shall designate or maintain one or  more inquiry points to address inquiries by 
interested persons concerning cust oms matters and shall make availa ble on the Internet information 
concerning the procedures for making such inquiries.  
3. To the extent possible, each Party shall pub lish in advance any re gulations of general 
application governing customs matters that it propos es to adopt and provide interested persons the 
opportunity to comment prior to their adoption.  
Article 5.2 
 
Release Of Goods  
1. Each Party shall adopt or maintain simplified customs procedures for the efficient release of 
goods in order to facilitate trade between the Parties.  
2. Pursuant to paragraph 1, each Party shall ensure  that its customs authority or other competent 
authority shall adopt or maintain procedures that:  
(a) provide for the release of goods within a peri od no greater than that required to ensure 
compliance with its customs laws and, to the extent possible, within 48 hours of 
arrival;  
(b) allow goods to be released at the point of  arrival, without temporary transfer to 
warehouses or other facilities; and  
(c) allow importers to withdraw goods from cust oms before and without prejudice to the 
final determination by its customs authority of the applicable customs duties, taxes, 
and fees.1 
 
Article 5.3 
 
Automation  
Each Party’s customs authority shall endeavor to use information technology that expedites 
procedures for the release of goods.  When deciding on the information technology to be used for this 
purpose, each Party shall:  
 
(a) use, to the extent possible,  international standards;  
(b) make electronic systems accessible to the trading community;  
                                                      
 1 A Party may require an importer to provide sufficient guarantee in the form of a surety, a deposit, or 
some other appropriate instrument, covering the ultimate payment of the customs duties, taxes, and fees in 
connection with the importation of the good.    WT/REG211/1 
 Page 79 
 
 
(c)  provide for electronic submission and processing of information and data before 
arrival of the shipment to allow for the release of goods on arrival;  
(d)  employ electronic or automated systems for risk analysis and targeting;  (e)  work towards developing compatible electronic systems among the Parties’ customs 
 authorities, to facilitate government to government exchange of international trade 
 data; and  
(f)  work towards developing a set of common data elements and processes in accordance 
 with World Customs Organization (WCO) Customs Data Model and related  WCO recommendations and guidelines.  
Article 5.4 
 
Risk Management 
 
 Each Party shall endeavor to adopt or mainta in risk management systems that enable its 
customs authority to focus its inspection activities on high-risk goods and that simplify the clearance 
and movement of low-risk goods, while respecting the confidential nature of the information it obtains 
through such activities.   
Article 5.5 
 
Cooperation 
 
1. With a view to facilitating the effective ope ration of this Agreement, each Party shall 
endeavor to provide the other Parties with a dvance notice of any significant modification of 
administrative policy or other similar developmen t related to its laws or regulations governing 
importations that is likely to substantially affect the operation of this Agreement.  
2. The Parties shall cooperate in achieving complia nce with their respective laws and regulations 
pertaining to:  
(a) the implementation and operation of the provisions of this Agreement governing 
importations or exportations, including claims  of origin and origin procedures;   
(b) the implementation and operation of th e Customs Valuation Agreement;   
(c) restrictions or prohibitions on imports or exports; and   
(d) other customs matters as the Parties may agree.  
3. Where a Party has a reasonable suspicion of unlawf ul activity related to its laws or regulations 
governing importations, the Party may request a nother Party to provide specific confidential 
information normally collected in connec tion with the importation of goods.   
4. For purposes of paragraph 3, “a reasonable suspic ion of unlawful activity” means a suspicion 
based on relevant factual information obtained from public or private sources, comprising one or more 
of the following:  
(a) historical evidence of non-compliance with laws or regulations governing 
importations by an importer or exporter;  WT/REG211/1 
Page 80  
 
(b) historical evidence of non-compliance with laws or regulations governing 
importations by a manufacturer, producer, or  other person involved in the movement 
of goods from the territory of one Party to the territory of another Party;  
(c) historical evidence that some or all of th e persons involved in the movement from the 
territory of the other Party to the territory of another Party of goods within a specific 
product sector have not complied with a Pa rty’s laws or regulations governing 
importations; or  
(d) other information that the requesting Part y and the Party from whom the information 
is requested agree is sufficient in th e context of a particular request.  
5. A Party’s request under paragraph 3 shall be in  writing, shall specify the purpose for which 
the information is sought, and shall identify the requ ested information with sufficient specificity for 
the other Party to locate and provide the information.   
6. The Party from whom the information is request ed shall, in accordance with its law and any 
relevant international agreements to which it is a party, provide a written response containing such 
information.  
7. Each Party shall endeavor to provide another Party with any other information that would 
assist that Party in determining whether imports from or exports to that Party are in compliance with the other Party’s laws or regulations governing im portations, in particular those related to the 
prevention of smuggling and similar infractions.  
8. For purposes of facilitating regional trade, each Party shall endeavor to provide the other 
Parties with technical advice and assistance for th e purpose of improving risk assessment techniques, 
simplifying and expediting customs procedures, a dvancing the technical skill of personnel, and 
enhancing the use of technologies that can lead to improved compliance with regard to laws or 
regulations governing importations.  
9. Building on the mechanisms estab lished in this Article, the Parties shall strive to explore 
additional avenues of cooperation to enhance each Party’s ability to enforce its laws and regulations 
governing importations, including by concluding a mutual assistance agreement between their 
respective customs authorities within six months af ter this Agreement is signed. The Parties shall 
examine whether to establish other channels of communication to facilitate the secure and rapid 
exchange of information and to impr ove coordination on importation issues.  
Article 5.6 
 
Confidentiality 
 
1. Where a Party providing inform ation to another Party in accordance with this Chapter 
designates the information as confidential, the othe r Party shall maintain the confidentiality of the 
information.  The Party providing the information may require written assurances from the other Party 
that the information will be held in confidence, will be used only for the purposes specified in the 
other Party’s request for information, and will not be disclosed without the Party’s specific 
permission.  
2. A Party may decline to provide information requ ested by another Party where that Party has 
failed to act in conformity with assu rances provided under paragraph 1.   
  WT/REG211/1 
 Page 81 
 
 
3. Each Party shall adopt or maintain procedures in which confidential information, including 
information the disclosure of which could prejud ice the competitive position of the person providing 
the information, submitted in accordance with the ad ministration of the Party’s customs laws, shall be 
protected from unauthorized disclosure.  
Article 5.7 
 
Express Shipments  
 
Each Party shall adopt or maintain exped ited customs procedures for express shipments 
while maintaining appropriate customs cont rol and selection.  These procedures shall:  
 
(a) provide a separate, expedited customs procedure for express shipments;  
(b) provide for the submission and processing of information necessary for the release of 
an express shipment before the express shipment arrives;  
(c) allow submission of a single manifest c overing all goods contained in a shipment 
transported by an express shipment service, through, if possible, electronic means;  
(d) to the extent possible, provide for clea rance of certain goods with a minimum of 
documentation; and  
(e) under normal circumstances, provide for clearance of express shipments within six 
hours after submission of the necessary customs documents, provided the shipment has arrived.  
Article 5.8 
 
Review And Appeal  
 
 Each Party shall ensure that with respect to its determinations on customs matters, importers 
in its territory have access to:   
(a) a level of administrative review independent of the employee or office that issued the 
determination; and  
(b) judicial review of the determination.  
 
Article 5.9 
 
Penalties  
Each Party shall adopt or maintain measure s that allow for the imposition of civil or 
administrative penalties and, where appropriate, crim inal sanctions for violations of its customs 
laws and regulations, incl uding those governing tariff classificatio n, customs valuation, country of 
origin, and claims for preferential treatment under this Agreement.  
 
  
 
   WT/REG211/1 
Page 82  
 
Article 5.10 
 
Advance Rulings 
 
 1. Each Party, through its customs authority or ot her competent authority shall issue, before a 
good is imported into its territory, a written advance ruling at the written request of an importer in its 
territory, or an exporter or producer
2 
in the territory of another Party with regard to:  
(a) tariff classification;  
(b) the application of customs valuation criteria for a particular case, in accordance with 
the application of the provisions set out in the Customs Valuation Agreement;  
(c) the application of duty drawback, deferr al, or other relief from customs duties;  
(d) whether a good is originating in accordance with Chapter Four (Rules of Origin and 
Origin Procedures);  
(e) whether a good re-entered into the territory of a Party after being exported to the 
territory of another Party for repair or alte ration is eligible for duty free treatment in 
accordance with Article 3.6 (Goods Re-ent ered after Repair or Alteration);  
(f) country of origin marking;  
(g) the application of quotas; and  
(h) such other matters as the Parties may agree.  
2. Each Party shall provide that its customs author ity or other competent authority shall issue an 
advance ruling within 150 days after a request , provided that the requester has submitted all 
information that the Party requires, including, if the authority requests, a sample of the good for which 
the requester is seeking an advance ruling.  In issuin g an advance ruling, the au thority shall take into 
account facts and circumstances the requester has provided.  
3. Each Party shall provide that advance rulings sha ll be in force from their date of issuance, or 
another date specified in the ruling, provided that  the facts or circumstances on which the ruling is 
based remain unchanged.  
4. The issuing Party may modify or revoke an advance ruling after the Party notifies the 
requester. The issuing Party may modify or revoke a ruling retroactively only if the ruling was based 
on inaccurate or false information.  
5. Subject to any confidentiality requirements in its law, each Party shall make its advance 
rulings publicly available.  
6. If a requester provides false information or omits relevant facts or circumstances relating to 
the advance ruling, or does not act in accordance with the ruling’s terms and conditions, the importing 
Party may apply appropriate measures, including civi l, criminal, and administrative actions, monetary 
penalties, or other sanctions.  
 
                                                      
2 For greater certainty, an importer, exporter, or producer may submit a request for an advance ruling 
through a duly authorized representative.  WT/REG211/1 
 Page 83 
 
 
Article 5.11 
 
Implementation  
For each Central American Party and the Dominican Republic:   
 
(a) Articles 5.2.2(b) and (c) and 5.7 shall apply one year after the date of entry into force 
of this Agreement;  
(b) Articles 5.1.1, 5.1.2, 5.4, and 5.10 shall apply two years after the date of entry into 
force of this Agreement; and  
(c) Article 5.3 shall apply three years after the date  of entry into force of this Agreement.  
Article 5.12 
 
Capacity Building  
The Parties recognize the importance of trade capacity building activities in facilitating the 
implementation of this Chapter.  Accordingly, th e initial capacity building priorities of the working 
group on customs administration and trade facilitation under the Committee on Trade Capacity Building should be related to implementation of this Chapter and any other priorities that the 
Committee designates.  
  
CHAPTER SIX:  SANITARY AND PHYTOSANITARY MEASURES  
 
Objectives 
 
 The objectives of this Chapter are to protect human, animal, or plant life or health in the 
Parties’ territories, enhance the Parties’ implem entation of the SPS Agreement, provide a forum for 
addressing sanitary and phytosanitary matters, re solve trade issues, and thereby expand trade 
opportunities.  
Article 6.1 
 
Affirmation Of The SPS Agreement
 
 Further to Article 1.3 (Relation to Other Agreem ents), the Parties affirm their existing rights 
and obligations with respect to each  other under the SPS Agreement.  
 
Article 6.2 
 
Scope And Coverage  
1. This Chapter applies to all sanitary and phytosan itary measures of a Party that may, directly 
or indirectly, affect trade between the Parties.    
2. No Party may have recourse to dispute settleme nt under this Agreement for any matter arising 
under this Chapter.  
 
 WT/REG211/1 
Page 84  
 
Article 6.3 
Committee On Sanitary And Phytosanitary Matters
 
1. Not later than 30 days after the date of entry into force of this Agreement, the Parties shall 
establish a Committee on Sanitary and Phytosanit ary Matters, comprising representatives of each 
Party who have responsibility for sanitary and phyto sanitary matters, as set out in Annex 6.3.  
2. The Parties shall establish the Committee through  an exchange of letters identifying the 
primary representative of each Party to the Comm ittee and establishing the Committee’s terms of 
reference.  
3. The objectives of the Committee shall be to he lp each Party implement the SPS Agreement, 
assist each Party to protect human, animal, or  plant life or health, enhance consultation and 
cooperation between the Parties on sa nitary and phytosanitary matters,  and facilitate trade between the 
Parties.  
4. The Committee shall seek to promote communicati on and otherwise enhance present or future 
relationships between the Parties’ agencies and ministries with responsibility for sanitary and 
phytosanitary matters.  
5. To the extent possible, the Committee shall seek  to facilitate a Party’s response to a written 
request for information from another Party with minimal delay.  The Committee shall endeavor to 
ensure that at the earliest opportunity the res ponding Party communicates to the requesting Party the 
steps involved in responding to the request.  
6. The Committee shall provide a forum for:  
(a) enhancing mutual understanding of each Party’s sanitary and phytosanitary measures 
and the regulatory processes that relate to those measures;  
(b) consulting on matters related to the deve lopment or application of sanitary and 
phytosanitary measures that affect, or ma y affect, trade between the Parties;  
(c) addressing bilateral or plurilateral sanitary an d phytosanitary matters with a view to 
facilitating trade between the Parties;  
(d) consulting on issues, positions, and agendas for meetings of the WTO SPS Committee , 
the various Codex  committees (including the Codex Alimentarius Commission ), the 
International Plant Protection Convention , the International Office of Epizootics , and 
other international and regional fora on food safety and human, animal, and plant 
health;  
(e) making recommendations on technical cooperation programs on sanitary and 
phytosanitary matters to the Committee on Trade Capacity Building;  
(f) improving the Parties’ understanding of speci fic issues relating to the implementation 
of the SPS Agreement; and  
(g) reviewing progress in addressing sanitary and phytosanitary matters that may arise 
between the Parties’ agencies and ministri es with responsibility for such matters.    WT/REG211/1 
 Page 85 
 
 
7. Each Party shall ensure that appropriate  representatives with responsibility for the 
development, implementation, a nd enforcement of sanitary and phytosanitary measures from its 
relevant trade and regulatory agencies or ministries participate in meetings of the Committee.    
8. The Committee shall meet at least once a y ear unless the Parties otherwise agree.  
9. The Committee shall perform its work in accord ance with its terms of reference.  The 
Committee may revise its terms of reference and ma y establish procedures to guide its operation.  
10. The Committee may establish ad hoc worki ng groups in accordance with its terms of 
reference.  
11. All decisions of the Committee shall be take n by consensus, unless the Committee otherwise 
decides.  
 
ANNEX 6.3:  COMMITTEE ON SANITARY AND PHYTOSANITARY MATTERS  
 
The Committee on Sanitary and Phytosanitary Ma tters shall comprise representatives of the 
following agencies and ministries:  
 
 (a)  in the case of Costa Rica, the Dirección de Aplicación de Acuerdos Comerciales 
Internacionales del Ministerio de Comercio Exterior , the Dirección de Salud Animal 
y el Servicio de Protección Fitosanitaria de l Estado del Ministerio de Agricultura y 
Ganadería , and the  Ministerio de Salud ;  
  (b)  in the case of the Dominican Republic, the Dirección de Sanidad Vegetal de la 
Secretaría de Estado de Agricultura , the Dirección de Sanidad Animal de la 
Dirección General de Ganadería , the Departamento de Control de Riesgo de 
Alimentos y Bebidas de la Secretaría de Estado de Salud Pública y Asistencia Social , 
the Dirección de Comercio Exterior y Ad ministración de Tratados Comerciales 
Internacionales de la Secretaría de  Estado de Industria y Comercio , the Dirección 
General de Normas y Sistemas de Calidad de  la Secretaría de Estado de Industria y 
Comercio , the Secretaría de Estado de Medio Ambiente y Recursos Naturales , and 
the Secretaría de Estado de Relaciones Exteriores ;  
  (c)  in the case of El Salvador, the Ministerio de Economía,  the Ministerio de Agricultura 
  y Ganadería,  and the Ministerio de Salud Pública y Asistencia Social ;  
  (d)  in the case of Guatemala, the Unidad de Normas y Regulaciónes del Ministerio de 
Agricultura Ganadería y Alimentación,  the Departamento de Regulación y Control 
de Alimentos del Ministerio de Salud Pública y Asistencia Social,  and the Ministerio 
de Economía ;  
  (e)  in the case of Honduras, the Dirección General de Integración Económica y Política 
Comercial de la Secretaría de Estado en  los Despachos de Industria y Comercio  and 
the Dirección General del Servicio Nacional de Sanidad Agropecuaria de la 
Secretaría de Estado en los Despachos de Agricultura y Ganadería ;  
  (f)  in the case of Nicaragua, the Ministerio de Fomento, Industria y Comercio,  the 
Ministerio Agropecuario y Forestal,  and the Ministerio de Salud ; and  
 
 (g) in the case of the United States, the O ffice of the United States Trade Representative, 
the Department of State, the Department of Commerce, the Food Safety and WT/REG211/1 
Page 86  
 
Inspection Service of the United States Department of Agriculture (USDA), the Foreign Agricultural Service of the USDA, the Animal and Plant Health Inspection 
Service of the USDA, the Environmental Protection Agency, and the Food and Drug Administration of the Department of Health and Human Services,  
 
or their successors.  
  
CHAPTER SEVEN:  TECHNICAL BARRIERS TO TRADE  
 
Objectives  
 
The objectives of this Chapter are to in crease and facilitate trade through the 
improvement of the implementation of the TBT Agreement, the elimination of unnecessary technical barriers to trade, and the enhancement of bila teral cooperation.  
 
Article 7.1 
 
Affirmation Of The TBT Agreement 
 
 
 Further to Article 1.3 (Relation to Other Agreem ents), the Parties affirm their existing rights 
and obligations with respect to each other under the TBT Agreement.   
 
Article 7.2 
 
Scope And Coverage  
1. This Chapter applies to all standards, t echnical regulations, and conformity assessment 
procedures of central government bodies that may, directly or indirectly, affect trade in goods between the Parties.
1 
2. Notwithstanding paragraph 1, this Chapter does not apply to:  
(a) technical specifications prepared by governmental bodies for production or 
consumption requirements of such bodies; and  
(b) sanitary and phytosanitary measures.  
Article 7.3 
 
International Standards  
In determining whether an international st andard, guide, or recommendation within the 
meaning of Articles 2 and 5, and Annex 3 of the TBT Agreement exists, each Party shall apply the 
principles set out in Decisions and Recommendations adopted by the Committee since 1 January 
1995 , G/TBT/1/Rev.8, 23 May 2002, Section IX ( Decision of the Committee on Principles for the 
Development of International Standards, Guides and Recommendations with relation to Articles 2, 5 
and Annex 3 of the Agreement ) issued by the WTO Committee on Technical Barriers to Trade.  
 
 
                                                      
 1 For greater certainty, the Parties u nderstand that any reference in this  Chapter to a standard, technical 
regulation, or conformity assessment procedure includes those related to metrology.   WT/REG211/1 
 Page 87 
 
 
Article 7.4 
 
Trade Facilitation   
1. The Parties shall intensify their joint work in th e field of standards, technical regulations, and 
conformity assessment procedures with a view to faci litating trade between the Parties.  In particular, 
the Parties shall seek to identify trade facilitating in itiatives regarding standards, technical regulations, 
and conformity assessment procedures that are appropriate for particular issues or sectors. Such initiatives may include cooperation on regulatory issues, such as convergence, alignment with 
international standards, reliance on a supplier’s decl aration of conformity, and use of accreditation to 
qualify conformity assessment bodies.  
2. On request of another Party, a Party shall give  favorable consideration to any sector-specific 
proposal the Party makes for further cooperation under this Chapter.  
Article 7.5 
 
Conformity Assessment 
 
 
1. The Parties recognize that a broad range of mech anisms exists to facilitate the acceptance in a 
Party’s territory of the results of conformity assessment procedures conducted in another Party’s 
territory. For example:  
(a) the importing Party may rely on a supplier’s declaration of conformity;  
(b) conformity assessment bodies located in the territory of two or more Parties may 
enter into voluntary arrangements to accep t the results of each other’s assessment 
procedures;  
(c) a Party may agree with another Party to accept the results of conformity assessment 
procedures that bodies located in the other Pa rty’s territory conduct with respect to 
specific technical regulations;  
(d) a Party may adopt accreditation procedures for qualifying conformity assessment 
bodies located in the territory of another Party;  
(e) a Party may designate conformity assessme nt bodies located in the territory of 
another Party; and  
(f) a Party may recognize the results of conformity assessment procedures conducted in 
the territory of another Party.  
 The Parties shall intensify their exchange  of information on these and other similar 
mechanisms.  
 
2. Where a Party does not accept the results of a conformity assessment procedure conducted in 
the territory of another Party, it shall, on requ est of that other Party, explain its reasons.  
3. Each Party shall accredit, approve, license, or otherwise recognize conformity assessment 
bodies in the territories of the other Parties on terms no less favorable than those it accords to 
conformity assessment bodies in its territory.  Where a Party accredits, approves, licenses, or 
otherwise recognizes a body assessing conformity with a specific technical regulation or standard in 
its territory and refuses to accredit, approve, li cense, or otherwise recognize a body assessing WT/REG211/1 
Page 88  
 
conformity with that technical regulation or standard in the territory of another Party, it shall, on request of that other Party, explain the reasons for its decision.  
4. Where a Party declines a request from another Part y to engage in negotia tions or conclude an 
agreement on facilitating recognition in its territo ry of the results of conformity assessment 
procedures conducted by bodies in the other Party’s terr itory, it shall, on request of that other Party, 
explain the reasons for its decision.   
Article 7.6 
 
Technical Regulations 
 
 
1. Where a Party provides that foreign technical re gulations may be accepted as equivalent to a 
specific technical regulation of its own, and the Pa rty does not accept a technical regulation of another 
Party as equivalent to that technical regulation, it sha ll, at the request of that other Party, explain the 
reasons for its decision.  
2. Where a Party does not provide that foreign technical regulations may be accepted as 
equivalent to its own, it may, at the request of a nother Party, explain its reasons for not accepting that 
other Party’s technical regulations as equivalent.  
Article 7.7 
 
Transparency  
 
1. Each Party shall allow persons of the other Par ties to participate in the development of its 
standards, technical regulations, and conformity assessment procedures.  Each Party shall permit 
persons of the other Parties to participate in the development of such measures on terms no less 
favorable than those accorded to its own pers ons and to persons of any other Party.  
2. Each Party shall recommend that non-governme ntal standardizing bodies in its territory 
observe paragraph 1.  
3. In order to enhance the opportunity for persons  to provide meaningful comments on proposed 
technical regulations and conformity assessment  procedures, a Party publishing a notice under 
Article 2.9 or 5.6 of the TBT Agreement shall:  
(a) include in the notice a statement describing the objective of the proposed technical 
regulation or conformity assessment procedur e and the rationale for the approach the 
Party is proposing; and  
(b) transmit the proposal electronically to the other Parties through the inquiry points 
each Party has established under Article 10 of the TBT Agreement at the same time 
as it notifies WTO Members of the proposal  pursuant to the TBT Agreement.   
 Each Party should allow at least 60 days af ter it transmits a proposal under subparagraph (b) 
for persons and other Parties to make comments in writing on the proposal.   
 
4. Each Party shall publish or otherwise make ava ilable to the public, in print or electronically, 
its responses to significant comments it receives from persons or other Parties under paragraph 3 no 
later than the date it publishes the final technical  regulation or conformity assessment procedure.   WT/REG211/1 
 Page 89 
 
 
5. Where a Party makes a notification under Article  2.10 or 5.7 of the TBT Agreement, it shall 
at the same time transmit the notification electroni cally to the other Parties through the inquiry points 
referenced in paragraph 3(b).  
6. Each Party shall, on request of another Party,  provide information regarding the objective of, 
and rationale for, a standard, technical regulation,  or conformity assessment procedure that the Party 
has adopted or is proposing to adopt.  
7. Where a Party detains at a port of entry a good originating in the territory of another Party due 
to a perceived failure to comply with a technical re gulation, it shall immediately notify the importer of 
the reasons for the detention.   
8. Each Party shall implement this Article as soon as is practicable and in no event later than 
five years from the date of entry into force of this Agreement.  
Article 7.8 
 
Committee On Technical Barriers To Trade  
 
1. The Parties hereby establish the Committee on Technical Barriers to Trade, comprising 
representatives of each Party, as set out in Annex 7.8.  
2. The Committee’s functions shall include:  
(a) monitoring the implementation and administration of this Chapter;  
(b) promptly addressing any issue that a Party raises related to the development, 
adoption, application, or enforcement of  standards, technical regulations, or 
conformity assessment procedures;  
(c) enhancing cooperation in the development a nd improvement of standards, technical 
regulations, and conformity assessment pro cedures and, as appropriate, designing and 
proposing mechanisms for technical assistance of the type described in Article 11 of 
the TBT Agreement, in coordination with the Committee on Trade Capacity Building, 
as appropriate;  
(d) where appropriate, facilitating sectoral cooperation between governmental and 
non-governmental conformity assessment bodi es in the territories of two or more 
Parties;  
(e) exchanging information on developments  in non-governmental, regional, and 
multilateral fora engaged in activities related to standards, technical regulations, and 
conformity assessment procedures;  
(f) at a Party’s request, consulting on any matter arising under this Chapter;   
(g) reviewing this Chapter in light of any developments under the TBT Agreement, and 
developing recommendations for amendments  to this Chapter in light of those 
developments;   
(h) taking any other steps the Parties consider will assist them in implementing the 
TBT Agreement and in facilitating trade; and  WT/REG211/1 
Page 90  
 
(i) as it considers appropriate, reporting to the Commission on the implementation of this 
Chapter.  
3. Where two or more Parties have had recour se to consultations under paragraph 2(f) such 
consultations shall, on the agreement of those Parties, constitute consu ltations under Article 20.4 
(Consultations).  
4. The Committee shall meet at least once a y ear unless the Parties otherwise agree.  
5. All decisions of the Committee shall be taken by consensus unless, the Committee otherwise 
decides.  
Article 7.9 
 
Information Exchange 
 
Any information or explanation that is provi ded on request of a Party pursuant to the 
provisions of this Chapter shall be provided in pr int or electronically within a reasonable time.  A 
Party shall endeavor to respond to each such request within 60 days.  
 
Article 7.10 
 
Definitions  
 
 For purposes of this Chapter:  
 
 central government body , conformity assessment procedures , standard , and  technical 
regulation  shall have the meanings assigned to those te rms in Annex 1 of the TBT Agreement; and  
 
 TBT Agreement  means the WTO Agreement on Technical Barriers to Trade .  
  
ANNEX 7.8:  COMMITTEE ON TECHNICAL BARRIERS TO TRADE 
 
 The Committee on Technical Barriers to Trade shall be coordinated by:  
 
(a) in the case of Costa Rica, the Dirección de Aplicación de Acuerdos Comerciales 
Internacionales del Ministerio de Comercio Exterior with the collaboration of the 
Ministerio de Economía, Industria y Comercio and the Ministerio de Salud ;  
(b) in the case of the Dominican Republic, the Dirección de Comercio Exterior y 
Administración de Tratados Comerciales In ternacionales de la Secretaría de Estado 
de Industria y Comercio ;  
(c) in the case of El Salvador, the Ministerio de Economía through the Dirección de 
Administración de Tratados Comerciales ;  
(d) in the case of Guatemala, the Ministerio de Economía ;  
(e) in the case of Honduras, the Dirección General de Integración Económica y Política 
Comercial de la Secretaría de Estado en  los Despachos de Industria y Comercio and 
the Secretaría de Estado en  el Despacho de Salud ;   WT/REG211/1 
 Page 91 
 
 
(f) in the case of Nicaragua, the Ministerio de Fomento, Industria y Comercio ; and  
(g) in the case of the United States, the Office of the United States Trade Representative,  
or their successors.  
 
 
CHAPTER EIGHT:  TRADE REMEDIES  
 
Section A: Safeguards  
 
Article 8.1 
 
Imposition Of A Safeguard Measure  
1. A Party may apply a measure described in paragr aph 2, during the transition period only, if as 
a result of the reduction or elimination of a duty pur suant to this Agreement, an originating good is 
being imported into the Party’s territory in such in creased quantities, in absolute terms or relative to 
domestic production, and under such conditions as to c onstitute a substantial cause of serious injury, 
or threat thereof, to a domestic industry pr oducing a like or directly competitive good.  
2. If the conditions in paragraph 1 are met, a Part y may to the extent necessary to prevent or 
remedy serious injury, or threat thereof, and facilitate adjustment:  
(a) suspend the further reduction of any rate of  duty provided for under this Agreement 
on the good; or  
(b) increase the rate of duty on the good to a level not to exceed the lesser of  
(i) the most-favored-nation (MFN) applied rate of duty in effect at the time the 
measure is applied, and   
(ii) the MFN applied rate of duty in effect on the day immediately preceding the 
date of entry into force of this Agreement.1 
3.  (a) Except as provided in subparagraph (b),  a Party shall apply a safeguard measure to 
  imports of an originating good that are subject to a determina tion under paragraph 1 
  irrespective of their source.   (b)  A Party may exclude imports of an orig inating good of another Party from application 
of a safeguard measure if the Party accorded duty-free treatment to imports of the good from such other Party, pursuant to an  agreement between those Parties, for the 
three-year period preceding the date of en try into force of this Agreement.  
 4. No Party may apply a safeguard measure agains t an originating good of another Party as long 
as the exporting Party’s share of imports of the originating good in the importing Party does not exceed three percent, provided that Parties with less than three percent import share collectively 
account for not more than nine percent of total imports of such originating good.  
 
 
  
                                                     
 
1 The Parties understand that neither tariff rate quotas nor quantitative restrictions would be a 
permissible form of safeguard measure. WT/REG211/1 
Page 92  
 
Article 8.2 
 
Standards For A Safeguard Measure 
 
1. A Party may apply a safeguard measure, including any extension thereof, for no longer than 
four years.  Regardless of its duration, such measure shall terminate at the end of the transition period.  
2. Subject to paragraph 1, a Party may extend the period of a safeguard measure if the competent 
investigating authority determines, in conformity w ith the procedures set out in Article 8.3, that the 
measure continues to be necessary to prevent or reme dy serious injury and to facilitate adjustment and 
that there is evidence that the domestic industry is adjusting.  
3. In order to facilitate adjustment in a situa tion where the expected duration of a safeguard 
measure is over one year, the Party applying the m easure shall progressively liberalize it at regular 
intervals during the period of application.  
4. A Party may not apply a safeguard measure more than once on the same good.   
5. On the termination of a safeguard measure, the rate of duty shall be no higher than the rate 
that, according to the Party’s Schedule to Annex 3.3 (Tariff Elimination), would have been in effect 
one year after the imposition of the measure.  Beginning on January 1 of the year following the 
termination of the measure, the Party that has applied the measure shall:  
(a) apply the rate of duty set out in the Party’s Schedule to Annex 3.3 (Tariff 
Elimination) as if the safeguard measu re had never been applied; or  
(b) eliminate the tariff in equal annual stages e nding on the date set out in the Party’s 
Schedule to Annex 3.3 (Tariff Elimination)  for the elimination of the tariff.  
Article 8.3 
 
Administration Of Safeguard Proceedings  
1. Each Party shall ensure the consistent, impar tial, and reasonable administration of its laws, 
regulations, decisions, and ruli ngs governing safeguard proceed ings under this Chapter.  
2. Each Party shall entrust determinations of seri ous injury, or threat thereof, in safeguard 
proceedings under this Chapter to a competent investiga ting authority, subject to review by judicial or 
administrative tribunals, to the extent provided by dom estic law.  Negative injury determinations shall 
not be subject to modification, except by such review.  The competent investigating authority 
empowered under domestic law to conduct such pr oceedings should be provided with the necessary 
resources to enable it to fulfill its duties.   
3. Each Party shall adopt or maintain equitable, timely, transparent, and effective procedures for 
safeguard proceedings under this Chapter, in accord ance with the requirements set out in Annex 8.3.  
Article 8.4 
 
Notification And Consultation  
 
1. A Party shall promptly notify the other Parties, in writing, on:  
(a) initiating a safeguard proceeding under this Chapter;   WT/REG211/1 
 Page 93 
 
 
(b) making a finding of serious injury, or thr eat thereof, caused by increased imports 
under Article 8.1; and  
(c) taking a decision to apply or extend a safeguard measure.  
2. A Party shall provide to the other Parties a c opy of the public version of the report of its 
competent investigating authority required under Annex 8.3.  
3. On request of a Party whose good is subject to a safeguard proceeding under this Chapter, the 
Party conducting that proceeding shall enter into c onsultations with the requesting Party to review a 
notification under paragraph 1 or any public notice or  report that the competent investigating authority 
has issued in connection with the proceeding.  
Article 8.5 
 
Compensation  
 
1. A Party applying a safeguard measure shall, afte r consultations with each Party against whose 
good the measure is applied, provide to such Part y or Parties mutually agreed trade liberalizing 
compensation in the form of concessions having substan tially equivalent trade effects or equivalent to 
the value of the additional duties expected to re sult from the measure.  The Party shall provide an 
opportunity for such consultations no later than 30 days after the application of the safeguard 
measure.  
2. If the consultations under paragr aph 1 do not result in an agreement on trade liberalizing 
compensation within 30 days, any Party against whose good the measure is applied may suspend the 
application of substantially equiva lent concessions to the trade of the Party applying the safeguard 
measure.  
3. A Party shall notify the Party applying the saf eguard measure in writing at least 30 days 
before suspending concessions  under paragraph 2.  
4. The obligation to provide compensation unde r paragraph 1 and the right to suspend 
concessions under paragraph 2 shall terminate on the la ter of:  (a) the termination of the safeguard 
measure, or (b) the date on which the rate of duty returns to the rate of duty set out in the Party’s 
Schedule to Annex 3.3 (Tariff Elimination).  
Article 8.6 
 
Global Actions  
 
1. Each Party retains its rights and obligati ons under Article XIX of the GATT 1994 and the 
Safeguards Agreement.  
2. This Agreement does not confer any additional ri ghts or obligations on the Parties with regard 
to actions taken pursuant to Article XIX of the GATT 1994 and the Safeguards Agreement, except 
that a Party taking such an action may exclude imports  of an originating good of another Party if such 
imports are not a substantial cause of serious injury or threat thereof.  
3. No Party may apply, with respect to  the same good, at the same time:  
(a) a safeguard measure; and  
(b) a measure under Article XIX of the GATT 1994 and the Safeguards Agreement.  WT/REG211/1 
Page 94  
 
Article 8.7 
 
Definitions 
 
For purposes of this Section:  
 
 competent investigating authority means the “competent investigating authority” of a 
Party as defined in Annex 8.7;  
 
 domestic industry  means, with respect to an imported good, the producers as a whole of the 
like or directly competitive good or those producers w hose collective production of the like or directly 
competitive good constitutes a major proportion of th e total domestic production of such good;  
 
 safeguard measure  means a measure described in Article 8.1.2;  
 
 serious injury  means a significant overall impairment in  the position of a domestic industry;  
 
 substantial cause means a cause which is important and not less than any other cause;  
 
 threat of serious injury  means serious injury that, on the basis of facts and not merely on 
allegation, conjecture, or remote possibility, is clearly imminent; and  
  transition period  means the ten-year period beginning on the date of entry into force of this 
Agreement, except that for any good for which the Sc hedule to Annex 3.3 (Tariff Elimination) of the 
Party applying the measure provides for the Party to  eliminate its tariffs on the good over a period of 
more than ten years, transition period  means the tariff elimination period for the good set out in that 
Schedule.  
Section B: Antidumping and Countervailing Duties 
 
 
Article 8.8 
 
Antidumping And Countervailing Duties  
1. The United States shall continue to treat each  other Party as a “beneficiary country” for 
purposes of 19 U.S.C. §§ 1677(7)(G)(ii)(III) and 167 7(7)(H) and any successor provisions.  No Party 
may have recourse to dispute settlement under this  Agreement for any matter arising under this 
paragraph.  
2. Except for paragraph 1, no provision of this Ag reement, including the provisions of Chapter 
Twenty (Dispute Settlement), shall be construed as imposing any rights or obl igations on the Parties 
with respect to antidumping or countervailing duty measures.  
3. Each Party retains its rights and obligations under the WTO Agreement with regard to the 
application of antidumping and countervailing duties.  
 
ANNEX 8.3:  ADMINISTRATION OF SAFEGUARD PROCEEDINGS  
 
Institution of a Proceeding  
 
1. A safeguard proceeding under this Chapter may be instituted by a petition or complaint by 
entities specified in domestic law.  The entity fili ng the petition or complaint shall demonstrate that it  WT/REG211/1 
 Page 95 
 
 
is representative of the domestic industry pro ducing a good like or directly competitive with the 
imported good.   
2. A Party may direct its competent investigati ng authority to institute a proceeding or the 
authority may institute a proceeding on its own motion.  
Contents of a Petition or Complaint  
 
3. Where the basis for an investigation is a petiti on or complaint filed by an entity representative 
of a domestic industry, the petitioning entity shall, in its petition or complaint, provide the following 
information to the extent that such informati on is publicly available from governmental or other 
sources, or best estimates and the basis therefor  if such information is not available:  
(a) product description: the name and descripti on of the imported good concerned, the 
tariff subheading under which that good is cl assified, its current tariff treatment and 
the name and description of the like or directly competitive domestic good concerned;   
(b) representativeness:  
(i) the names and addresses of the entities filing the petition or complaint, and 
the locations of the establishments in which they produce the domestic good;  
(ii) the percentage of domestic production of the like or directly competitive 
good that such entities account for and the basis for claiming that they are 
representative of an industry; and  
(iii) the names and locations of all other dom estic establishments in which the like 
or directly competitive good is produced;   
(c) import data:  import data for each of the five most recent full years that form the basis 
of the claim that the good concerned is bei ng imported in increased quantities, either 
in absolute terms or relative to  domestic production as appropriate;  
(d) domestic production data:  data  on total domestic production of the like or directly 
competitive good for each of the five most recent full years;  
(e) data showing injury:  quantitative and objec tive data indicating the nature and extent 
of injury to the concerned industry, such  as data showing changes in the level of 
sales, prices, production, productivity, capacity  utilization, market share, profits and 
losses, and employment; and  
(f) cause of injury: an enumeration and descrip tion of the alleged causes of the injury, or 
threat thereof, and a summary of the b asis for the assertion that increased imports, 
either actual or relative to domestic production, of the imported good are causing or threatening to cause serious injury , supported by pertinent data.  
4. Petitions or complaints, except to the extent  that they contain confidential business 
information, shall promptly be made availa ble for public inspection on being filed.   
 
    WT/REG211/1 
Page 96  
 
Notice Requirement  
 
5. On instituting a safeguard proceeding under th is Chapter, the competent investigating 
authority shall publish notice of the institution of the proceeding in the official journal of the Party. 
The notice shall identify the petitioner or other request er, the imported good that is the subject of the 
proceeding and its tariff subheading, the nature and timing of the determination to be made, dates of 
deadlines for filing briefs, statements, and other documents, the place at which the petition and any 
other documents filed in the course of the proceed ing may be inspected, and the name, address, and 
telephone number of the office to be contacted for more information.   
6. With respect to a safeguard proceeding institute d on the basis of a petition or complaint filed 
by an entity asserting that it is representative of the domestic industry, the competent investigating 
authority shall not publish the notice required by pa ragraph 5 without first assessing carefully whether 
the petition or complaint meets the requirements of  paragraph 3, including representativeness.  
Public Hearing  
 
7. In the course of each proceeding, the co mpetent investigating authority shall:  
(a) hold a public hearing, after providing reasonable notice, including notice of the time 
and place of the hearing, to allow all inte rested parties, and any association whose 
purpose is to represent the interests of c onsumers in the territory of the Party 
instituting the proceeding, to appear in pers on or by counsel, to present evidence and 
to be heard on the questions of serious inju ry, or threat thereof, and the appropriate 
remedy; and  
(b) provide an opportunity to all interested pa rties and any such association appearing at 
the hearing to cross-question interested par ties making presentations at that hearing.  
Confidential Information  
 
8. The competent investigating authority shall adopt  or maintain procedures for the treatment of 
confidential information, protected under domestic law,  that is provided in the course of a proceeding, 
including a requirement that interested parties a nd consumer associations providing such information 
furnish non-confidential written summaries thereof, or  where they indicate that the information cannot 
be summarized, the reasons why a summary cannot be provided.  
Evidence of Injury and Causation  
 
9. In conducting its proceeding the competent investig ating authority shall gather, to the best of 
its ability, all relevant information a ppropriate to the determination it mu st make.  It shall evaluate all 
relevant factors of an objective and quantifiable na ture having a bearing on the situation of that 
industry, including the rate and amount of the incr ease in imports of the good concerned, in absolute 
terms or relative to domestic produc tion as appropriate, the share of the domestic market taken by 
increased imports, and changes in the level of sales , production, prod uctivity, capacity utilization, 
profits and losses, and employment.  In making its determination, the competent investigating 
authority may also consider other economic factors, such as changes in prices and inventories, and the 
ability of firms in the industry to generate capital.  
10. The competent investigating authority shall not  make an affirmative injury determination 
unless its investigation demonstrates, on the basis of objective evidence, the existence of a clear 
causal link between increased imports of the good c oncerned and serious injury, or threat thereof.   WT/REG211/1 
 Page 97 
 
 
Where factors other than increased imports are caus ing injury to the domestic industry at the same 
time, such injury shall not be attributed to increased imports.  
Deliberation and Report  
 
11. The competent investigating authority, before  making an affirmative determination in a 
safeguard proceeding under this Chapter, shall a llow sufficient time to gather and consider the 
relevant information, hold a public hearing, and pr ovide an opportunity for all interested parties and 
consumer associations to prepare and submit their views.  
12. The competent investigating authority shall publish promptly a report, including a summary 
thereof in the official journal of the Party, se tting out its findings and reasoned conclusions on all 
pertinent issues of law and fact.  The report sh all describe the imported good and its tariff item 
number, the standard applied and the finding made.  The statement of reasons shall set out the basis 
for the determination, including a description of:   
(a) the domestic industry seriously injured or threatened with serious injury;  
(b) information supporting a finding that imports  are increasing, the domestic industry is 
seriously injured or threatened with serious injury, and increasing imports are causing or threatening serious injury; and  
(c) if provided for by domestic law, any finding or recommendation regarding the 
appropriate remedy and the basis therefore.   
13. In its report, the competent investigating au thority shall not disclose any confidential 
information provided pursuant to any undertaking co ncerning confidential information that may have 
been made in the course of the proceedings.   
 
ANNEX 8.7:  COUNTRY-SPECIFIC DEFINITIONS  
 
For purposes of this Chapter:   
 competent investigating authority  means:  
 
(a) in the case of Costa Rica, the Oficina de Prácticas de Comercio Desleal y de Medidas 
de Salvaguardia del Ministerio de  Economía, Industria y Comercio  in coordination 
with the Dirección de Aplicación de Acuerdos Comerciales Internacionales del 
Ministerio de Comercio Exterior ;  
 
(b) in the case of the Dominican Republic, the Comisión Reguladora de Prácticas 
Desleales de Comercio y Medidas de Salvaguardas;   
(c) in the case of El Salvador, the Dirección de Administración de Tratados Comerciales 
del Ministerio de Economía ;  
(d) in the case of Guatemala, the Ministerio de Economía ;  
(e) in the case of Honduras, the Dirección General de Integración Económica y Política 
Comercial de la Secretaría de Estado en  los Despachos de Industria y Comercio ;  
(f) in the case of Nicaragua; the Dirección de Integración y Administración de Tratados 
del Ministerio de Fomento, Industria y Comercio ; and  WT/REG211/1 
Page 98  
 
(g) in the case of the United States, the U. S. International Trade Commission,  
or their successors.  
  
CHAPTER NINE:  GOVERNMENT PROCUREMENT  
 
Article 9.1 
 
Scope And Coverage 
 
 
1. This Chapter applies to any measure, including  any act or guideline of a Party, regarding 
covered procurement.  
2. For purposes of this Chapter, covered procurement  means a procurement of goods, services, 
or both:  
(a) by any contractual means, including purchase, rental, or lease, with or without an 
option to buy, build-operate-transfer c ontracts, and public works concession 
contracts;  
(b) listed and subject to the conditions specified in:  
(i) Annex 9.1.2(b)(i), whic h shall apply between the United States and each 
other Party;  
(ii) Annex 9.1.2(b)(ii), which shall apply be tween the Central American Parties; 
and  
(iii) Annex 9.1.2(b)(iii), which shall apply between each Central American Party 
and the Dominican Republic;  
(c) that is conducted by a procuring entity; and  
(d) that is not excluded from coverage.  
3. This Chapter does not apply to:  
(a) non-contractual agreements or any form of assi stance that a Party or a state enterprise 
provides, including grants, loans, equity infusions, fiscal incentives, subsidies, 
guarantees, cooperative agreements, governme nt provision of goods and services to 
persons or to state, regional, or local governments, and purchases for the direct purpose of providing foreign assistance;  
(b) purchases funded by loans or grants made to a Party, including an entity of a Party by 
a person, international entities, associations, or another Party or a non-Party, to the extent that the conditions of such assistan ce are inconsistent with this Chapter;  
(c) acquisition of fiscal agency or depositor y services, liquidation, and management 
services for regulated financial institutions, and sale and distribution services for 
government debt;   
(d) hiring of government employees and related employment measures;   WT/REG211/1 
 Page 99 
 
 
(e) any good or service component of any contract that is awarded by a procuring entity 
that is not listed in Sections A through C of Annexes 9.1.2(b)(i), 9.1.2(b)(ii), and 9.1.2(b)(iii); and  
(f) purchases made under exceptionally advantage ous conditions that only arise in the 
very short term, such as unusual dispo sals by companies that normally are not 
suppliers, or disposals of assets of busin esses in liquidation or receivership.  
4. Each Party shall ensure that its procuring en tities comply with this Chapter in conducting any 
covered procurement.  
5. Where a procuring entity awards a contract in a procurement that is not covered by this 
Chapter, nothing in this Chapter shall be construe d to cover any good or service component of that 
contract.  
6. No procuring entity may prepare, design, or otherwise structure or divide any procurement in 
order to avoid the obligations of this Chapter.  
7. Nothing in this Chapter shall prevent a Pa rty from developing new procurement policies, 
procedures, or contractual means, provided they  are not inconsistent with this Chapter.  
Article 9.2 
 
General Principles 
 
 
1. With respect to any measure covered by this Ch apter, each Party shall accord to the goods and 
services of another Party, and to the suppliers of another Party of such goods and services, treatment 
no less favorable than the most favorable treatment the Party or procuring entity accords to its own 
goods, services, and suppliers.  
2. With respect to any measure covered by this Chapter, no Party may:  
(a) treat a locally established supplier less fa vorably than another locally established 
supplier on the basis of degree of fore ign affiliation or ownership; or  
(b) discriminate against a locally established supplier on the basis that the goods or 
services offered by that supplier for a particular procurement are goods or services of another Party.  
3. For purposes of paragraphs 1 and 2, determinati on of the origin of goods shall be made in a 
manner consistent with Chapter Four (Rul es of Origin and Origin Procedures).  
4. With respect to covered procurement, a procur ing entity shall not seek, take account of, or 
impose offsets in any stage of a procurement.  
5. Paragraphs 1 and 2 do not apply to measures respecting customs duties or other charges of 
any kind imposed on or in connection with importation,  the method of levying such duties or charges, 
other import regulations, including restrictions and formalities, or measures affecting trade in services 
other than measures specifically governing procurement covered by this Chapter.  
 
  WT/REG211/1 
Page 100  
 
Article 9.3 
 
Publication Of Procurement Measures 
 
Each Party shall promptly:  
 
(a) publish any law or regulation, and any modifi cation thereof, relating to procurement;  
(b) make publicly available any procedure, judicial decision, or administrative ruling of 
general application, rela ting to procurement; and  
(c) on request of a Party, provide to that Party a copy of a procedure, judicial decision, or 
administrative ruling of general application, relating to procurement.  
Article 9.4 
 
Publication Of Notice Of Intended Procurement  
1. Subject to Article 9.9.2, a procuring entity sha ll publish in advance a notice inviting interested 
suppliers to submit tenders for each covered procurement.   
2. The information in each such notice shall include, at a minimum, an indication that the 
procurement is covered by this Chapter, a descri ption of the intended procurement, any conditions 
that suppliers must fulfill to participate in the pr ocurement, the name of the procuring entity, the 
address where all documents relating to the procur ement may be obtained, if applicable, any sum 
payable for the tender documentation, the time limits  and address for submission of tenders, and the 
time for delivery of the goods or services being procured.  
3. Each Party shall encourage its procuring entities to publish information regarding their future 
procurement plans as early as possible in each Party’s fiscal year.  
Article 9.5 
 
Time Limits For The Tendering Process  
1. A procuring entity shall provide suppliers suffi cient time to prepare and submit responsive 
tenders, taking into account the nature and complex ity of the procurement.  In no case shall a 
procuring entity provide less than 40 days from th e date of publication of a notice of intended 
procurement to the final date for submission of tenders.  
2. Notwithstanding paragraph 1, where there are no qualification requirements for suppliers, a 
procuring entity may establish a period for tendering th at is less than 40 days, but in no case less than 
10 days, in the following circumstances:  
(a) where the procuring entity published a separat e notice containing a description of the 
procurement, the approximate time limits  for the submission of tenders or, where 
appropriate, conditions for participation in a procurement, and the address from 
which documents relating to the procurement may be obtained, at least 40 days and 
not more than 12 months before the fina l date for the submission of tenders;  
(b) where an entity procures commercial goods and services that are sold or offered for 
sale to, and customarily purchased and used by, non-governmental buyers for 
non-governmental purposes; or   WT/REG211/1 
 Page 101 
 
 
(c) where an unforeseen state of urgency that is duly substantiated by the procuring entity 
renders impracticable the time provided in paragraph 1.  
Article 9.6 
 
Tender Documentation  
1. A procuring entity shall provide to interested suppliers tender documentation that includes all 
information necessary to permit suppliers to prepare and submit responsive tenders. The 
documentation shall include all criteria that the procuring entity will consider in awarding the 
contract, including all cost factors, and the weights or, where appropriate, the relative values, that the 
entity will assign to these criteria in evaluating tenders.  
2. A procuring entity may satisfy paragraph 1 by  publishing the documentation by electronic 
means accessible to all interested suppliers.  Where a procuring entity does not publish tender 
documentation by electronic means accessible to all inte rested suppliers, the entity shall, on request of 
any supplier, promptly make the documentation available in written form to the supplier.  
3. Where a procuring entity, in the course of a proc urement, modifies the criteria referred to in 
paragraph 1,1 it shall transmit all such modifications in writing:  
(a) to all suppliers that are participating in the procurement at the time the criteria are 
modified, if the identities of such suppliers are known, and in cases where the 
identities of suppliers participating are not known, in the same manner as the original 
information was transmitted; and   
(b) in adequate time to allow the suppliers to modify and re-submit their tenders, as 
appropriate.  
Article 9.7 
 
Technical Specifications  
1. A procuring entity shall not prepare, adopt, or apply any technical specification with the 
purpose or the effect of creating unnecessary obstacles to trade between the Parties.  
2. A procuring entity shall prescribe any tec hnical specifications, where appropriate:  
(a) in terms of performance requirements rather than design or descriptive 
characteristics; and  
(b) based on international standards, where a pplicable, otherwise on recognized national 
standards.  
3. A procuring entity shall not prescribe technical specifications that require or refer to a 
particular trademark or trade name, patent, design or  type, specific origin or producer or supplier, 
unless there is no other sufficiently precise or in telligible way of describing the procurement 
requirements and provided that, in such cases, word s such as “or equivalent” are included in the 
tender documentation.  
                                                      
 1 Each Central American Party and the Dominican Republic may make such modifications before 
tenders are opened. The United States may make such modifications before awarding the contract.  WT/REG211/1 
Page 102  
 
4. A procuring entity shall not seek or accept, in a manner that would have the effect of 
precluding competition, advice that may be used in  the preparation or adoption of any technical 
specification for a specific procurement from a person that may have a commercial interest in that 
procurement.  
5. For greater certainty, this Article is not intended to preclude a procuring entity from 
preparing, adopting, or applying technical speci fications to promote the conservation of natural 
resources.  
Article 9.8 
 
Requirements And Conditions For Participating In Procurement 
 
1. Where a procuring entity requires suppliers to sa tisfy registration, qualification, or any other 
requirements or conditions for partic ipation (“conditions for participati on”) in order to participate in a 
procurement, the procuring entity shall publish a noti ce inviting suppliers to apply for registration or 
qualification, or to satisfy any other conditions fo r participation.  The procuring entity shall publish 
the notice sufficiently in advance to provide inter ested suppliers sufficient time to prepare and submit 
applications and for the entity to evaluate and make  its determinations based on such applications.  
2. Each procuring entity shall:  
(a) limit any conditions for participation in a pr ocurement to those that are essential to 
ensure that the supplier has the legal, t echnical, and financial abilities to fulfill the 
requirements and technical specifications of the procurement;  
(b) recognize as qualified all suppliers of anot her Party that have met the requisite 
conditions for participation; and  
(c) base qualification determinations solely on th e conditions for participation that have 
been specified in advance in notices or tender documentation.  
3. Procuring entities may establish publicly available lists of suppliers qualified to participate in 
procurements.  Where a procuring entity requires s uppliers to qualify for such a list as a condition for 
participation in a procurement, and a supplier that h as not yet qualified applies for inclusion in the list, 
the procuring entity shall promptly start the qualif ication procedures and shall allow the supplier to 
submit a tender, if it is determined to be a qualif ying supplier, provided there is sufficient time to 
fulfill the conditions for participation within  the time period established for tendering.  
4. No procuring entity may make it a condition for participation in a proc urement that a supplier 
has previously been awarded one or more contracts by a procuring entity or that the supplier has prior work experience in the territory of a Party.  A procuring entity shall evaluate the financial and 
technical abilities of a supplier on the basis of that  supplier’s business activity outside the territory of 
the Party of the procuring entity, as well as activity,  if any, in the territory of the Party of the 
procuring entity.  
5. A procuring entity shall promptly communicat e to any supplier that has applied for 
qualification its decision on whether that supplier is  qualified.  Where a procuring entity rejects an 
application for qualification or ceases to recognize a supplier as qualified, that entity shall, on request 
of the supplier, promptly provide a written e xplanation of the reasons for its action.  
6. Nothing in this Article shall preclude a procuring entity from prohibiting a supplier from 
participating in a procurement on grounds su ch as bankruptcy or false declarations.   WT/REG211/1 
 Page 103 
 
 
Article 9.9 
 
Tendering Procedures  
1. Subject to paragraph 2, a procuring entity sh all award contracts by means of open tendering 
procedures.  
2. Provided that the tendering procedure is not u sed to avoid competition or to protect domestic 
suppliers, a procuring entity may award contracts by  means other than an open tendering procedure in 
the following circumstances:  
(a) in the absence of tenders that conform to the essential requirements in the tender 
documentation provided in a prior notice of intended procurement or invitation to participate, including any conditions for par ticipation, provided that the requirements 
of the initial notice or invitation are not substantially modified;  
(b) where, for works of art, or for reasons connected with the protection of exclusive 
intellectual property rights, such as patents or copyrights, or proprietary information, 
or where there is an absence of compe tition for technical reasons, the goods or 
services can be supplied only by a particular supplier and no reasonable alternative or substitute exists;  
(c) for additional deliveries by the original  supplier that are intended either as 
replacement parts, extensions, or con tinuing services for existing equipment, 
software, services, or installations, where a change of supplier would compel the entity to procure goods or services not me eting requirements of interchangeability 
with existing equipment, software, services, or installations;   
(d) for goods purchased on a commodity market;  
(e) where a procuring entity procures a prototype or a first good or service that is 
developed at its request in the course of, and for, a particular contract for research, 
experiment, study, or original development.  When such contracts have been fulfilled, 
subsequent procurements of goods or servi ces shall be subject to this Chapter;  
(f) where additional construction services that were not included in the initial contract 
but that were within the objectives of th e original tender documentation have, due to 
unforeseeable circumstances, become necessary to complete the construction services 
described therein. However, the total va lue of contracts awarded for additional 
construction services may not exceed 50 percent of the amount of the initial contract; or  
(g) in so far as is strictly necessary where,  for reasons of urgency brought about by 
events unforeseeable by the procuring entity, the goods or services could not be 
obtained in time by means of an open tendering procedure and the use of an open 
tendering procedure would result in serious injury to the procuring entity, the entity’s program responsibilities, or the Party.   
3. A procuring entity shall maintain records or  prepare written reports providing specific 
justification for any contract awarded under paragraph 2, in a manner consistent with Article 9.11.3.  
 
  WT/REG211/1 
Page 104  
 
Article 9.10 
 
Awarding Of Contracts 
 
1. A procuring entity shall require that, in order to  be considered for award, a tender must be 
submitted in writing and must, at the time it is submitte d, conform to the essential requirements of the 
tender documentation that the procuring entity provided in advance to all participating suppliers, and 
be from a supplier that has complied with any conditi ons for participation that  the procuring entity has 
communicated in advance to all participating suppliers.  
2. Unless a procuring entity determines that it is not in the public interest to award a contract, 
the procuring entity shall award the contract to a s upplier that the procuring entity has determined to 
be fully capable of undertaking the contract and whose tender is determined to be the most 
advantageous in terms of the requirements and eval uation criteria set out in the tender documentation.  
3. No procuring entity may cancel a procurement, or terminate or modify a contract it has 
awarded, in order to avoid the obligations of this Chapter.  
Article 9.11 
 
Information On Contract Awards  
1. A procuring entity shall promptly inform par ticipating suppliers of decisions on contract 
awards. A procuring entity shall, on request, pr ovide a supplier whose tender was not selected for 
award the reasons for not selecting its tender a nd the relative advantages of the tender selected.  
2. Promptly after awarding a contract in a covere d procurement, a procuring entity shall publish 
a notice that includes at least the following information about the contract award:  
(a) the name of the entity;  
(b) a description of the goods or services included in the contract;  
(c) the name of the supplier awarded the contract;  
(d) the value of the contract award; and  
(e) where the entity did not use an open tendering procedure, an indication of the 
circumstances justifying the procedure used.  
3. A procuring entity shall maintain records and reports relating to tendering procedures and 
contract awards in procurements covered by this Chapter, including the records and reports provided 
for in Article 9.9.3, for at least three years after the date a contract is awarded.  
Article 9.12 
 
Non-Disclosure Of Information  
1. A Party, its procuring entities, and its revi ew authorities shall not disclose confidential 
information the disclosure of which would prejudice legitimate commercial interests of a particular 
person or might prejudice fair competition between suppliers, without the formal authorization of the 
person that provided the information to the Party.    WT/REG211/1 
 Page 105 
 
 
2. Nothing in this Chapter shall prevent a Party or its procuring entities from withholding the 
release of information where release might:  
(a) impede law enforcement;  
(b) prejudice fair competition between suppliers;  
(c) prejudice the legitimate commercial interests of particular suppliers or entities, 
including the protection of intellectual property; or  
(d) otherwise be contrary to the public interest.  
Article 9.13 
 
Ensuring Integrity In Procurement Practices  
Further to Article 18.8 (Anti-Corruption Measu res), each Party shall adopt or maintain 
procedures to declare ineligible for participation in the Party’s procurements, either indefinitely or for 
a specified time, suppliers that the Party has determ ined to have engaged in  fraudulent or other illegal 
actions in relation to procurement.  On request of  another Party, a Party shall identify the suppliers 
determined to be ineligible under these procedures,  and, where appropriate, exchange information 
regarding those suppliers or th e fraudulent or illegal action.  
 
Article 9.14 
 
Exceptions  
1. Provided that such measures are not applied in  a manner that would constitute a means of 
arbitrary or unjustifiable discrimination between Parties where the same conditions prevail or a 
disguised restriction on trade between the Parties, nothing in this Chapter shall be construed to 
prevent a Party from adopting or maintaining measures:  
(a) necessary to protect public morals, order, or safety;  
(b) necessary to protect human, animal, or plant life or health;  
(c) necessary to protect intellectual property; or  
(d) relating to goods or services of handicapped persons, of philanthropic institutions, or 
of prison labor.  
2. The Parties understand that pa ragraph 1(b) includes environmental measures necessary to 
protect human, animal, or plant life or health.  
Article 9.15 
 
Domestic Review Of Supplier Challenges  
1. Each Party shall establish or designate at least one impartial administrative or judicial 
authority, which shall be independe nt from its procuring entities, to receive and review challenges that 
suppliers submit relating to the obligations of the Pa rty and its entities under this Chapter and to make 
appropriate findings and recommendations.  In the ev ent that a body other than such an impartial 
authority initially reviews a supplier’s challenge, th e Party shall ensure that the supplier may appeal WT/REG211/1 
Page 106  
 
the initial decision to an impartial administrative or judicial authority that is independent from the procuring entity that is the subject of the challenge.  
2. Each Party shall provide that an authority established or designated under paragraph 1 may 
take prompt interim measures, pending the resolutio n of a challenge, to preserve the opportunity to 
correct potential breaches of this Chap ter, including the suspension of the award of a contract or the 
performance of a contract already awarded.  
3. Each Party shall ensure that its review procedures are publicly available in writing, and are 
timely, transparent, effective, and consiste nt with the principle of due process.   
4. Each Party shall ensure that all documents related to a challenge to a procurement are 
available to any impartial authority estab lished or designated un der paragraph 1.  
5. A procuring entity shall respond in writing to a supplier’s complaint.  
6. Each Party shall ensure that an impartia l authority it establishes or designates under 
paragraph 1 provides to suppliers the following:  
(a) a sufficient period to prepare and submit written challenges, which in no case shall be 
less than 10 days from the time when the basis of the complaint became known or 
reasonably should have become known to the supplier;  
(b) an opportunity to review relevant documents  and to be heard by the authority in a 
timely manner;   
(c) an opportunity to reply to the procuring en tity’s response to the supplier’s complaint; 
and    
(d) prompt delivery in writing of its findi ngs and recommendations relating to the 
challenge, with an explanation of the grounds for each decision.  
7. Each Party shall ensure that a supplier’s submission of a challenge does not prejudice the 
supplier’s participation in ongoi ng or future procurements.  
Article 9.16 
 
Modifications And Rectif ications To Coverage 
 
1. A Party may make technical rectifications of a purely formal nature to its coverage under this 
Chapter, or minor amendments to its Schedules to  Sections A through C of Annexes 9.1.2(b)(i), 
9.1.2(b)(ii), and 9.1.2(b)(iii),provided that it notif ies the other Parties in writing and no other Party 
objects in writing within 30 days after the notificati on.  A Party that makes such a rectification or 
minor amendment shall not be required to provide compensatory adjustments to the other Parties.  
2. A Party may modify its coverage under this Chapter provided that it:  
(a) notifies the other Parties in writing and no other Party objects in writing within 
30 days after the notification; and  
(b) except as provided in paragraph 3, offers within 30 days after notifying the other 
Parties acceptable compensatory adjustments to  the other Parties to maintain a level 
of coverage comparable to that ex isting before the modification.     WT/REG211/1 
 Page 107 
 
 
3. A Party need not provide compensatory adju stments in those circumstances where the 
proposed modification covers one or more proc uring entities on which the Parties agree that 
government control or influence has been effectivel y eliminated.  Where the Parties do not agree that 
such government control or influence has been effe ctively eliminated, the objecting Party or Parties 
may request further information or consultations with a view to clarifying the nature of any 
government control or influence and reaching agreem ent on the procuring entity’s continued coverage 
under this Chapter.  
4. The Commission shall modify the relevant section of Annexes 9.1.2(b)(i), 9.1.2(b)(ii), and 
9.1.2(b)(iii) to reflect any agreed modification, technical rectification, or minor amendment.  
Article 9.17 
 
Definitions  
For purposes of this Chapter:  
 
 build-operate-transfer contract  and public works concession contract  mean any 
contractual arrangements, the primary purpose of which is to provide for the construction or 
rehabilitation of physical infrastructure, plants , buildings, facilities, or other government-owned 
works and under which, as consideration for a s upplier’s execution of a contract, a procuring entity 
grants to the supplier, for a specified period, temporary ownership, if the Party permits such 
ownership, or a right to control and operate, and demand payment for the use of, such works for the 
duration of the contract;   
 in writing  or written  means any worded or numbered expression that can be read, 
reproduced, and later communicated, and includes elect ronically transmitted and stored information;  
  offsets means conditions or undertakings imposed or  considered by a procuring entity that 
encourage local development or improve a Part y’s balance of payments accounts by means of 
requirements of local content, licensing of tec hnology, investment, counter-trade, or similar 
requirements;   
 
 open tendering procedure  means any type of procurement method of a Party, except direct 
purchasing methods as specified in Article 9.9.2, provided these methods are consistent with this 
Chapter;  
  procuring entity  means an entity listed in Annexes 9.1.2( b)(i), 9.1.2(b)(ii), and 9.1.2(b)(iii);  
 
 publish  means to disseminate information in an electronic or paper medium that is 
distributed widely and is readily accessible to the general public;  
 
 services includes construction services, unless otherwise specified;  
 
 supplier  means a person that has provided, provides,  or could provide goods or services to a 
procuring entity; and  
 
 technical specification  means a specification that sets out the characteristics of goods to be 
procured or their related processes and production met hods, or the characteristics of services to be 
procured or their related operating methods, incl uding the applicable administrative provisions, and 
requirements relating to conformity assessment procedures that an entity prescribes. A technical WT/REG211/1 
Page 108  
 
specification may also include or deal exclusively with terminology, symbols, packaging, or marking 
or labeling requirements, as they apply to a good, process, service, or production or operating method.  
 
 
ANNEX 9.1.2(b)(i)  
 
Section A: Central Level of Government Entities 
 
 
1. This Chapter applies to the entities of the centr al level of government listed in each Party’s 
Schedule to this Section where the value of th e procurement is estimated, in accordance with 
paragraph 1 of Section H, to equal or exceed:  
(a) for procurement of goods and services:  
(i) US$58,550; or  
(ii) in the case of the Central American Parties and the Dominican Republic, for 
the three-year period following the date of  entry into force of this Agreement, 
US$117,100; and  
(b) for procurement of construction services:  
(i) US$6,725,000; or  
(ii) in the case of the Central American Parties and the Dominican Republic, for 
the three-year period following the date of  entry into force of this Agreement, 
US$8,000,000.  
 The monetary thresholds set out in subparagr aphs (a)(i) and (b)(i) shall be adjusted in 
accordance with Section H of this Annex.   
2. Unless otherwise specified, this Chapter covers  all agencies subordinate to the entities listed 
in each Party’s Schedule in this Section.  
Schedule of Costa Rica 
 
 
1. Contraloría General de la República  
2. Defensoría de los Habitantes de la República  
3. Presidencia de la República  
4. Ministerio de la Presidencia  
5. Ministerio de Gobernación y Policía y Seguridad Pública1 
 
6. Ministerio de Relaciones Exteriores y Culto  
7. Ministerio de Hacienda2 
8. Ministerio de Agricultura y Ganadería  
9. Ministerio de Economía, Industria y Comercio  
10. Ministerio de Obras Públicas y Transportes  
11. Ministerio de Educación Pública3 
 
12. Ministerio de Salud  
13. Ministerio de Trabajo y Seguridad Social  
14. Ministerio de Cultura, Juventud y Deportes  
15. Ministerio de Justicia y Gracia  
16. Ministerio de Vivienda y Asentamientos Humanos  
17. Ministerio de Comercio Exterior   WT/REG211/1 
 Page 109 
 
 
18. Ministerio de Planificación Na cional y Política Económica  
19. Ministerio de Ciencia y Tecnología  
20. Ministerio de Ambiente y Energía  
21. Ministerio de Condición de la Mujer  
22. Instituto Costarricense de Turismo  
 
Notes to Costa Rica Schedule  
 
1. Ministerio de Gobernación y Policía y Seguridad Pública : This Chapter does not cover the 
procurement of goods classified under Section 2 (food products, beverages and tobacco; textiles, 
apparel and leather products) of the United Nations Central Product Classification 1.0 
(CPC, version 1.0), for the Fuerza Pública .  
2. Ministerio de Hacienda : This Chapter does not cover the issuance of tax stamps.  
3. Ministerio de Educación Pública :  This Chapter does not cover procurement made in 
furtherance of school feeding programs.   
Schedule of the Dominican Republic  
 
1. Contraloría General de la República  
2. Secretaría de Estado de Interior y Policía1, 2 
3. Secretaría de Estado de las Fuerzas Armadas2, 3 
4. Secretaría de Estado de Relaciones Exteriores4 
5. Secretaría de Estado de Agricultura5 
6. Secretaría de Estado de Finanzas6 
7. Secretaría de Estado de Educación7 
8. Secretaría de Estado de Salud Pública y Asistencia Social  
9. Secretaría de Estado de Deportes, Educación Física y Recreación  
10. Secretaría de Estado de Trabajo  
11. Secretaría de Estado de Industria y Comercio  
12. Secretaría de Estado de Turismo  
13. Secretaría de Estado de la Mujer  
14. Secretaría de Estado de la Juventud  
15 Secretaría de Estado de Educaci ón Superior, Ciencia y Tecnología  
16. Secretaría de Estado de Obras Públicas y Comunicaciones  
17. Secretaría de Estado de Medio Ambiente y Recursos Naturales  
18. Secretaría de Estado de Cultura  
19. La Presidencia de la República Dominicana  
20. Secretariado Técnico de la Presidencia8 
21. Secretaría de Estado de la Presidencia  
22. Secretariado Administrativo de la Presidencia  
 
Notes to the Dominican Republic Schedule  
 
1. Secretaría de Estado de Interior y Policía : This Chapter does not cover:  
(a) procurement by the Dirección General de Migración ; or  
(b) procurement by the Policía Nacional  of: (i) goods classified under Group 447 
(weapons and ammunition and parts thereo f) of the United Nations Central Product 
Classification 1.0 (CPC, version 1.0), or (ii) combat, assault and tactical vehicles.  WT/REG211/1 
Page 110  
 
2. Policía Nacional  in the Secretaría de Estado  de Interior y Policía  and Secretaría de Estado de 
las Fuerzas Armadas : This Chapter does not cover procurem ent of goods classified under Section 2 
(food products, beverages and tobacco; textiles, apparel and leather products) of the CPC.  
3. Secretaría de Estado de las Fuerzas Armadas : This Chapter does not cover:  
 (a) procurement by the Departamento Nacional de Investigación , and the Instituto de 
Altos Estudios para la Defensa y Seguridad Nacional ; or  
  (b) procurement of:  (i) goods classified  under Group 447 (weapons and ammunition and 
parts thereof) of the CPC; (ii) aircraft, airframe structural components, aircraft 
components, parts and accessories; (iii) landing and ground handling equipment; (iv) 
docks; (v) ships and ship components, parts and accessories; (vi) marine equipment; 
or (vii) combat, assault and tactical vehicles.  
 4. Secretaría de Estado de Relaciones Exteriores
: This Chapter does not cover procurement by 
the Dirección General de Pasaportes  for the production of passports.  
 
5. Secretaría de Estado de Agricultura :  This Chapter does not cover procurement made in 
furtherance of agricultural support programs.   6. Secretaría de Estado de Finanzas
: This Chapter does not cover procurement by the Tesorería 
Nacional with regard to the issuance of tax stamps  or postage stamps, or the production of checks and 
treasury bonds.  
 
7. Secretaría de Estado de Educación :  This Chapter does not cover procurement made in 
furtherance of school feeding programs ( Desayuno Escolar ) or programs to support the dissemination 
of education, the well-being of students, or the acce ssibility of education, including at the border with 
Haiti ( Zona Fronteriza ) and in other rural or impoverished areas.  
 
8. Secretariado Técnico de la Presidencia :  This Chapter does not cover procurement by the 
Comisión Nacional de Asuntos Nucleares .  
 
Schedule of El Salvador  
 
1. Ministerio de Defensa1 
2. Ministerio de Hacienda  
3. Ministerio de Relaciones Exteriores  
4. Ministerio de Gobernación2 
 
5. Ministerio de Educación1 
 
6. Ministerio de Salud Pública y Asistencia Social1 
 
7. Ministerio de Trabajo y Previsión Social  
8. Ministerio de Economía  
9. Ministerio del Medio Ambiente y Recursos Naturales  
10. Ministerio de Obras Públicas  
11. Ministerio de Agricultura y Ganadería  
 
Notes to El Salvador Schedule  
 
1. Ministerio de Defensa, Ministerio de Educación, and Ministerio de Salud Pública y 
Asistencia Social : This Chapter does not cover the procur ement of goods classified under Section 2 
(food products, beverages and tobacco; textiles, a pparel and leather products) of the United Nations 
Central Product Classification 1.1 (CPC, version 1.1).   WT/REG211/1 
 Page 111 
 
 
2. Ministerio de Gobernación : This Chapter does not cover the procurement of goods classified 
under Section 2 (food products, beverages and tobacco ; textiles, apparel and leather products) of CPC, 
version 1.1, for the Policía Nacional Civil .  
 
Schedule of Guatemala  
 
1. Ministerio de Agricultura, Ganadería y Alimentación1  
2. Ministerio de la Defensa Nacional2  
3. Ministerio de Economía  
4. Ministerio de Educación3 
 
5. Ministerio de Cultura y Deportes  
6. Ministerio de Trabajo y Previsión Social4 
 
7. Ministerio de Finanzas Públicas  
8. Ministerio de Salud Pública y Asistencia Social4 
9. Ministerio de Relaciones Exteriores  
10. Ministerio de Gobernación5 
 
11. Ministerio de Comunicaciones, Infrestructura y Vivienda  
12. Ministerio de Energía y Minas  
13. Ministerio de Ambiente y Recursos Naturales  
14. Secretaría General  
15. Secretaría de Coordinación Ejecutiva  
16. Secretaría de Planificación y Programación  
17. Secretaría de Análisis Estratégico  
18. Secretaría de la Paz  
19. Secretaría de Asuntos Administrativos y de Seguridad  
20. Secretaría de Asuntos Agrarios  
21. Secretaría Presidencial de la Mujer  
22. Secretaría de Bienestar Social  
23. Secretaría de Comunicación Social  
24. Secretaría Ejecutiva de la Comisión contra el C onsumo, Adicción y Tráfico Ilícito de Drogas  
25. Secretaría de Obras Sociales de la Esposa del Presidente  
26. Comisión Presidencial de Derechos Humanos  
27. Comisión Presidencial para la Reforma del Estado,  la Descentralización y la Participación 
 Ciudadana  28. Consejo Nacional de Ciencia y Tecnología  
29. Coordinadora Nacional para la Reducción de Desastres  
30. Junta Nacional del Servicio Civil  
31. Oficina Nacional del Servicio Civil  
32. Fondo de Desarrollo Indígena Guatemalteco  
33. Fondo Nacional de Ciencia y Tecnología  
34. Fondo Nacional para la Paz  
35. Consejo Nacional de la Juventud  
 
Notes to Guatemala Schedule 
 
 
1. Ministerio de Agricultura, Ganadería y Alimentación : This Chapter does not cover the 
procurement of agricultural goods made in furt herance of agricultural support programs, or 
procurement made in furtherance of school feeding programs.   
2. Ministerio de Defensa Nacional
: This Chapter does not cover the procurement of the 
following goods and services:  arms, munitions, equi pment, construction materials, aircraft, vessels 
and other vehicles, fuel, lubricants, provisions, a nd the contracting for services or supply by or on 
behalf of the Ejército de Guatemala  and its institutions.   WT/REG211/1 
Page 112  
 
3. Ministerio de Educación
: This Chapter does not cover proc urement made in furtherance of 
school feeding programs.   4. Ministerio de Trabajo y Previsión Social and Ministerio de Salud Pública y Asistencia Social
: 
This Chapter does not cover the procurement of  goods classified under Section 2 (food products, 
beverages and tobacco; textiles, apparel and l eather products) of the CPC, version 1.0.  
 5. Ministerio de Gobernación
: This Chapter does not cover the procurement of goods classified 
under Section 2 (food produc ts, beverages and tobacco; textiles, apparel and leather products) of the 
CPC, version 1.0, for the Policia Nacional Civil y Sistema Penitenciario .  
 
Schedule of Honduras 
 
1. Secretaría de Estado en los Despac hos de Gobernación y Justicia  
2. Secretaría de Estado en el Despacho de Educación1 
 
3. Secretaría de Estado en el Despacho de Salud  
4. Secretaría de Estado en el Despacho de Seguridad2 
 
5. Secretaría de Estado en el Despacho Presidencial1 
 
6. Secretaría de Estado en el Despacho de Relaciones Exteriores  
7. Secretaría de Estado en el Despacho de Defensa Nacional3 
 
8. Secretaría de Estado en el Despacho de Finanzas  
9. Secretaría de Estado en los Des pachos de Industria y Comercio  
10. Secretaría de Estado en los Despachos de Obras Públicas, Transporte y Vivi enda  
11. Secretaría de Estado en los Despac hos de Trabajo y Seguridad Social  
12. Secretaría de Estado en los Despachos de Agricultura y Ganadería  
13. Secretaría de Estado en los Despachos  de Recursos Naturales y Ambiente  
14. Secretaría de Estado en los Despachos de Cultura, Artes y Deportes  
15. Secretaría de Estado en el Despacho de Turismo  
16. Secretaría Técnica y de Cooperación Internacional  
 
Notes to Honduras Schedule  
 
1.  Secretaría de Estado en el Despacho de Educación and Secretaría de Estado en el Despacho 
Presidencial : This Chapter does not cover procurement made in furtherance of school feeding 
programs.   
2. Secretaría de Estado en el Despacho de Seguridad
: This Chapter does not cover procurement 
of uniforms, shoes, food, or tobacco for the Policía Nacional .  
 3. Secretaría de Estado en el Despacho de Defensa Nacional
: This Chapter does not cover the 
procurement of goods classified under Section 2 (food products, beverages and tobacco; textiles, 
apparel and leather products) of the CPC, version 1.0, for the Fuerzas Armadas de Honduras.   This 
Chapter does not cover the procurement of the fo llowing goods, or the procurement of uniforms for 
the Fuerzas Armadas de Honduras  and the Policía Nacional :  
 
1. Ammunition  
2. War airplanes  
3. Military rifles  
4. Pistol and guns of any kind, 41 caliber or more  
5. Honduran army regulation pistols  
6. Silencers for all kinds of firearms  
7. Firearms  
8. Accessories and ammunition   WT/REG211/1 
 Page 113 
 
 
9. Cartridges for firearms  
10. Equipment and other accessories essential for cartridge loading  
11. Gunpowder, explosives, primers and fuses  
12. Mask for protection against asphyxiating gases  
13. Air guns  
 
Schedule of Nicaragua  
 
1. Ministerio de Gobernación1 
 
2. Ministerio de la Familia  
3. Ministerio de Relaciones Exteriores  
4. Ministerio Agropecuario y Forestal  
5. Ministerio de Educación, Cultura y Deportes2 
 
6. Ministerio de Fomento, Industria y Comercio  
7. Ministerio de Salud  
8. Ministerio del Trabajo  
9. Ministerio de Hacienda y Crédito Público  
10. Ministerio del Ambiente y de los Recursos Naturales  
11. Procuraduría General de la República  
12. Presidencia de la República  
13. Vicepresidencia de la República  
14. Ministerio de Defensa3 
 
15. Ministerio de Transporte e Infraestructura4 
 
 
Notes to Nicaragua Schedule  
 
1. Ministerio de Gobernación : This Chapter does not cover procurement made by the Policía 
Nacional .  
 2. Ministerio de Educación, Cultura y Deportes
: This Chapter does not cover procurement made 
in furtherance of school feeding programs.  
 3. Ministerio de Defensa
: This Chapter will not cover procurement by the Ministerio de Defensa  
until the beginning of the fourth year after the date of entry into force of this Agreement.  This 
Chapter does not cover procurement made by the Ejército de Nicaragua .  
 
4. Ministerio de Transporte e Infraestructura : This Chapter will not cover procurement by the 
Ministerio de Transporte e Infraestructura  until the beginning of the fourth year after the date of entry 
into force of this Agreement.  
 
Schedule of the United States  
 
1. Advisory Commission on Intergovernmental Relations  
2. African Development Foundation  
3. Alaska Natural Gas Transportation System  
4. American Battle Monuments Commission  
5. Appalachian Regional Commission  
6. Commission on Civil Rights  
7. Commission of Fine Arts  
8. Commodity Futures Trading Commission   
9. Consumer Product Safety Commission  
10. Broadcasting Board of Governors  
11. Corporation for National and Community Service  WT/REG211/1 
Page 114  
 
12. Delaware River Basin Commission  
13. Department of Agriculture
1 
 
14. Department of Commerce2 
 
15. Department of Defense3 
 
16. Department of Education   
17. Department of Energy4 
 
18. Department of Health and Human Services  
19. Department of Homeland Security5 
 
20. Department of Housing and Urban Development  
21. Department of the Interior, including the Bureau of Reclamation  
22. Department of Justice  
23. Department of Labor  
24. Department of State  
25. Department of Transportation6 
 
26. Department of the Treasury  
27. Department of Veterans Affairs  
28. Environmental Protection Agency  
29. Equal Employment Opportunity Commission  
30. Executive Office of the President  
31. Export-Import Bank of the United States  
32. Farm Credit Administration  
33. Federal Communications Commission  
34. Federal Crop Insurance Corporation  
35. Federal Deposit Insurance Corporation  
36. Federal Election Commission  
37. Federal Home Loan Mortgage Corporation  
38. Federal Housing Finance Board  
39. Federal Maritime Commission  
40. Federal Mediation and Conciliation Service  
41. Federal Mine Safety and Health Review Commission  
42. Federal Prison Industries, Inc.  
43. Federal Reserve System  
44. Federal Retirement Thrift Investment Board  
45. Federal Trade Commission  
46. General Services Administration7 
47. Government National Mortgage Association  
48. Holocaust Memorial Council  
49. Inter-American Foundation  
50. Merit Systems Protection Board  
51. National Aeronautics and Space Administration (NASA)  
52. National Archives and Records Administration  
53. National Capital Planning Commission  
54. National Commission on Libraries and Information Science  
55. National Council on Disability  
56. National Credit Union Administration  
57. National Foundation on the Arts and the Humanities  
58. National Labor Relations Board  
59. National Mediation Board  
60. National Science Foundation  
61. National Transportation Safety Board  
62. Nuclear Regulatory Commission  
63. Occupational Safety and Health Review Commission  
64. Office of Government Ethics  
65. Office of the Nuclear Waste Negotiator   WT/REG211/1 
 Page 115 
 
 
66. Office of Personnel Management  
67. Office of the Special Counsel  
68. Office of Thrift Supervision  
69. Overseas Private Investment Corporation  
70. Pennsylvania Avenue Development Corporation  
71. Peace Corps  
72. Railroad Retirement Board  
73. Securities and Exchange Commission  
74. Selective Service System  
75. Small Business Administration  
76. Smithsonian Institution  
77. Susquehanna River Basin Commission  
78. United States Agency for International Development  
79. United States International Trade Commission  
 
Notes to United States Schedule  
 
1. Department of Agriculture : This Chapter does not cover the procurement of agricultural 
goods made in furtherance of agricultural s upport programs or human feeding programs.  
 2. Department of Commerce
: This Chapter does not cover sh ipbuilding activities of the U.S. 
National Oceanic and Atmospheric Administration (NOAA).  
 
3. Department of Defense : This Chapter does not cover th e procurement of the goods listed 
below. ( For complete listing of U.S. Federal Supply Classification, see 
www.scrantonrtg.com/secrc/fsc-codes/fsc.html) :  
 
 (a)  FSC 11  Nuclear Ordnance  
  FSC 18  Space Vehicles    FSC 19  Ships, Small Craft, Pontoons, and Floating Docks (the part of this 
  classification defined as naval vessels or major components of the 
  hull or superstructure thereof)  
FSC 20  Ship and Marine Equipment (the part of this classification defined as 
naval vessels or major components of the hull or superstructure 
thereof)  
  FSC 2310  Passenger Motor Vehicles (only Buses)  
  FSC 2350  Combat, Assault & Tactical Vehicles, Tracked    FSC 5l  Hand Tools     FSC 52  Measuring Tools  
  FSC 60  Fiber Optics Materials, Co mponents, Assemblies, and Accessories  
FSC 8140  Ammunition & Nuclear Ordna nce Boxes, Packages & Special 
Containers   
FSC 83  Textiles, Leather, Furs, Apparel, Shoes, Tents, and Flags (all elements 
other than pins, needles, sewing kits, flagstaffs, flagpoles and flagstaff 
trucks) 
 FSC 84   Clothing, Individual Equipment,  and Insignia (all elements other than 
   sub-class 8460 - luggage)  FSC 89 Subsistence (all elements other than sub-class 8975 – tobacco 
products)  
 
 (b) “Specialty metals,” defined as steels melted in steel manufacturing facilities located 
in the United States or its possessions, where the maximum alloy content exceeds one or more of the following limits, must be used in products purchased by the WT/REG211/1 
Page 116  
 
Department of Defense: (1) manganese, 1.65 percent; silicon, 0.60 percent; or copper, 
0.60 percent; or which contains more than 0.25 percent of any of the following elements:  aluminium, chromium, cobalt, columbium, molybdenum, nickel, titanium, 
tungsten or vanadium; (2) meta l alloys consisting of nickel, iron-nickel and cobalt 
base alloys containing a total of other alloying metals (except iron) in excess of 10 
per cent; (3) titanium and titanium alloys; or (4) zirconium base alloys; and  
  (c)  The goods in the following FSC categori es are not generally covered by this Chapter 
  due to application of Article 21.2 (Essential Security):   
FSC 10  Weapons  
FSC 12  Fire Control Equipment  FSC 13  Ammunitions and Explosives  FSC 14  Guided Missiles  FSC 15  Aircraft and Airframe Structural Components  
FSC 16  Aircraft Components and Accessories  
FSC 17  Aircraft Launching, Landing, and Ground Handling Equipment 
FSC 19  Ships, Small Craft, Pontoons, and Floating Docks  
FSC 20  Ship and Marine Equipment  FSC 28  Engines, Turbines, and Components  FSC 31  Bearings  FSC 58  Communications, Detection, and Coherent Radiation  FSC 59  Electrical and Electronic Equipment Components  FSC 95  Metal Bars, Sheets, and Shapes  
 
4. Department of Energy
: This Chapter does not cover national security procurements made in 
support of safeguarding nuclear materials or technol ogy and entered into under the authority of the 
Atomic Energy Act , or oil purchases related to the Strategic Petroleum Reserve.  
 
5. Department of Homeland Security :  
 
(a) This Chapter does not cover procurement by the Transportation Security 
Administration.  
(b)  The national security considerations a pplicable to the Department of Defense are 
equally applicable to the U.S. Coast Guard.  
 6. Department of Transportation
: This Chapter does not cove r procurement by the Federal 
Aviation Administration.   7. General Services Administration
: This Chapter does not cover the procurement of the goods 
in the following FSC categories:  
 
FSC 51   Hand Tools   
FSC 52  Measuring Tools  FSC 7340  Cutlery and Flatware  
 
Section B: Sub-Central Level of Government Entities 
 
 
1. This Chapter applies to the entities of the s ub-central level of government listed in each 
Party’s Schedule to this Section where the value of the procurement is estimated, in accordance with 
paragraph 1 of Section H, to equal or exceed:   WT/REG211/1 
 Page 117 
 
 
(a) for procurement of goods and services:  
(i) US$477,000; or  
(ii) in the case of the Central American Parties and the Dominican Republic, for 
the three-year period following the date of  entry into force of this Agreement, 
US$650,000; and  
(b) for procurement of construction services:  
(i) US$6,725,000; or  
(ii) in the case of the Central American Parties and the Dominican Republic, for 
the three-year period following the date of  entry into force of this Agreement, 
US$8,000,000.  
 The monetary thresholds set out in subparagr aphs (a)(i) and (b)(i) shall be adjusted in 
accordance with Section H of this Annex.   2.  This Chapter only applies to the entities liste d in each Party’s Schedule in this Section.  
 
Schedule of Costa Rica 
 
 
1. Municipalidad de Abangares  
2. Municipalidad de Acosta  
3. Municipalidad de Aguirre  
4. Municipalidad de Alajuela  
5. Municipalidad de Alajuelita  
6. Municipalidad de Alfaro Ruiz  
7. Municipalidad de Alvarado  
8. Municipalidad de Aserrí  
9. Municipalidad de Atenas  
10. Municipalidad de Bagaces  
11. Municipalidad de Barba  
12. Municipalidad de Belén  
13. Municipalidad de Buenos Aires  
14. Municipalidad de Cañas  
15. Municipalidad de Carrillo  
16. Municipalidad de Cartago  
17. Municipalidad de Corredores  
18. Municipalidad de Coto Brus  
19. Municipalidad de Curridabat  
20. Municipalidad de Desamparados  
21. Municipalidad de Dota  
22. Municipalidad de El Guarco  
23. Municipalidad de Escazú  
24. Municipalidad de Esparza  
25. Municipalidad de Flores  
26. Municipalidad de Garabito  
27. Municipalidad de Goicoechea  
28. Municipalidad de Golfito  
29. Municipalidad de Grecia  
30. Municipalidad de Guácimo  WT/REG211/1 
Page 118  
 
31. Municipalidad de Guatuso  
32. Municipalidad de Heredia  
33. Municipalidad de Hojancha  
34. Municipalidad de Jiménez  
35. Municipalidad de La Cruz  
36. Municipalidad de La Unión  
37. Municipalidad de León Cortés  
38. Municipalidad de Liberia  
39. Municipalidad de Limón  
40. Municipalidad de Los Chiles  
41. Municipalidad de Matina  
42. Municipalidad de Montes de Oca  
43. Municipalidad de Montes de Oro  
44. Municipalidad de Mora  
45. Municipalidad de Moravia  
46. Municipalidad de Nandayure  
47. Municipalidad de Naranjo  
48. Municipalidad de Nicoya  
49. Municipalidad de Oreamuno  
50. Municipalidad de Orotina  
51. Municipalidad de Osa  
52. Municipalidad de Palmares  
53. Municipalidad de Paraíso  
54. Municipalidad de Parrita  
55. Municipalidad de Pérez Zeledón  
56. Municipalidad de Poás  
57. Municipalidad de Pococí  
58. Municipalidad de Puntarenas  
59. Municipalidad de Puriscal  
60. Municipalidad de San Carlos  
61. Municipalidad de San Isidro  
62. Municipalidad de San José  
63. 
Municipalidad de San Mateo  
64. Municipalidad de San Pablo  
65. Municipalidad de San Rafael  
66. Municipalidad de San Ramón  
67. Municipalidad de Santa Ana  
68. Municipalidad de Santa Bárbara  
69. Municipalidad de Santa Cruz  
70. Municipalidad de Santo Domingo  
71. Municipalidad de Sarapiquí  
72. Municipalidad de Siquirres  
73. Municipalidad de Talamanca  
74. Municipalidad de Tarrazú  
75. Municipalidad de Tibás  
76. Municipalidad de Tilarán  
77. Municipalidad de Turrialba  
78. Municipalidad de Turrúbares  
79. Municipalidad de Upala  
80. Municipalidad de Valverde Vega  
81. Municipalidad de Vásquez de Coronado  
 
 
  WT/REG211/1 
 Page 119 
 
 
Schedule of the Dominican Republic  
 
1. Gobernación de la Provincia de Azua  
2. Gobernación de la Provincia de Bahoruco  
3. Gobernación de la Provincia de Barahona  
4. Gobernación de la Provincia de Dajabón  
5. Gobernación de la Pr ovincia de Duarte  
6. Gobernación de la Provincia de Elías Piña  
7. Gobernación de la Provincia de El Seybo   
8. Gobernación de la Provincia de Espaillat  
9. Gobernación de la Provincia de Hato Mayor  
10. Gobernación de la Provin cia de Independencia  
11. Gobernación de la Provin cia de La Altagracia  
12. Gobernación de la Prov incia de La Romana  
13. Gobernación de la Provincia de La Vega  
14. Gobernación de la Provincia de María Trinidad Sánchez  
15. Gobernación de la Provin cia de Monseñor Nouel  
16. Gobernación de la Provincia de Montecristi  
17. Gobernación de la Provincia de Monte Plata  
18. Gobernación de la Provincia de Ocoa  
19. Gobernación de la Provincia de Pedernales  
20. Gobernación de la Provincia de Peravia  
21. Gobernación de la Provincia de Puerto Plata  
22. Gobernación de la Provincia de Salcedo  
23. Gobernación de la Provincia de Samaná  
24. Gobernación de la Provincia de Sánchez Ramírez  
25. Gobernación de la Provin cia de San Cristóbal  
26. Gobernación de la Provincia de San Juan  
27. Gobernación de la Provincia de San Pedro de Macorís  
28. Gobernación de la Provincia de Santiago  
29. Gobernación de la Provincia de Santiago Rodríguez  
30. Gobernación de la Provincia de Santo Domingo  
31. Gobernación de la Provincia de Valverde  
 Schedule of El Salvador 
 
 
1. Municipalidad de San Salvador  
2. Municipalidad de Mejicanos  
3. Municipalidad de Ilopango  
4. Municipalidad de Santiago Texacuangos  
5. Municipalidad de Santa Ana  
6. Municipalidad de Sesori  
7. Municipalidad de Nueva Guadalupe  
8. Municipalidad de Santa Tecla  
9. Municipalidad de Ciudad Arce  
10. Municipalidad de Santa Elena  
11. Municipalidad de San Agustín  
12. Municipalidad de Estanzuelas  
13. Municipalidad de Mercedes Umaña  
14. Municipalidad de Alegría  
15. Municipalidad de Nueva Granada  
16. Municipalidad de Sonsonate  
17. Municipalidad de Acajutla  
18. Municipalidad de San Julián  WT/REG211/1 
Page 120  
 
19. Municipalidad de La Unión  
20. Municipalidad de San Alejo  
21. Municipalidad de Conchagua  
22. Municipalidad de Bolívar  
23. Municipalidad de San Rafael Obrajuelo  
24. Municipalidad de Tejutla  
25. Municipalidad de La Reina  
 
Schedule of Guatemala 
 
 
Municipalidades Departamento de Guatemala  
 
1. Fraijanes  
2. San Juan Sacatepéquez  
3. San Pedro Sacatepéquez  
4. San Raymundo  
5. San Pedro Ayampuc  
6. Chinautla  
7. Santa Catarina Pinula  
8. Guatemala  
9. Mixco  
10. Villa Nueva  
 
 This Chapter does not cover procurement of construction services by entities of Departamento de Guatemala .  
 
Municipalidades Departamento de Quetzaltenango 
 
 11. Quetzaltenango  
12. Coatepeque  
 
Municipalidades Departamento de Escuintla 
 
 
13. Chiquimulilla  
14. Santa Lucía Cotzumalguapa  
15. Escuintla  
16. Puerto de San José  
 
Municipalidades Departamento de Zacapa  
 
17. Zacapa  
18. Río Hondo  
19. Teculután  
 
Municipalidades Departamento de Chiquimula  
 20. Chiquimula  
Municipalidades Departamento de El Quiché 
 
 
21. Santa Cruz del Quiché  
  WT/REG211/1 
 Page 121 
 
 
Municipalidades Departamento de El Petén  
 
22. Flores  
23. San Benito  
 
Municipalidades Departamento de El Progreso  
 
24. Guastatoya  
Municipalidades Departamento de Izabal  
 25. Puerto Barrios  
Municipalidades Departamento de Huehuetenango 
 
 
26. Huehuetenango  
Municipalidades Departamento de Jalapa  
 
27. Jalapa  
Municipalidades Departamento de Jutiapa  
 
28. Jutiapa  
Municipalidades Departamento de Alta Verapaz  
 
29. Cobán  
Municipalidades Departamento de Baja Verapaz  
 
30. Salamá  
Schedule of Honduras  
 1. Municipalidad de La Ceiba, Atlántida  
2. Municipalidad de El Porvenir, Atlántida  
3. Municipalidad de Esparta, Atlántida  
4. Municipalidad de Jutiapa, Atlántida  
5. Municipalidad de La Masica, Atlántida  
6. Municipalidad de San Francisco, Atlántida  
7. Municipalidad de Tela, Atlántida  
8. Municipalidad de Arizona, Atlántida  
9. Municipalidad de Balfate, Colón  
10. Municipalidad de Iriona, Colón  
11. Municipalidad de Limón, Colón  
12. Municipalidad de Sabá, Colón  
13. Municipalidad de Santa Fe, Colón  
14. Municipalidad de Santa Rosa de Aguán, Colón  
15. Municipalidad de Sonaguera, Colón  
16. Municipalidad de Tocoa, Colón  
17. Municipalidad de Bonito Oriental, Colón  
18. Municipalidad de Comayagua, Comayagua  
19. Municipalidad de Ajuterique, Comayagua  WT/REG211/1 
Page 122  
 
20. Municipalidad de El Rosario, Comayagua  
21. Municipalidad de Esquías, Comayagua  
22. Municipalidad de Humuya, Comayagua  
23. Municipalidad de La Libertad, Comayagua  
24. Municipalidad de Lamaní, Comayagua  
25. Municipalidad de Lejamaní, Comayagua  
26. Municipalidad de La Trinidad, Comayagua  
27. Municipalidad de Meámbar, Comayagua  
28. Municipalidad de Minas de Oro, Comayagua  
29. Municipalidad de Ojos de Agua, Comayagua  
30. Municipalidad de San Jerónimo, Comayagua  
31. Municipalidad de San José de Comayagua, Comayagua  
32. Municipalidad de San José del Potrero, Comayagua  
33. Municipalidad de San Luis, Comayagua  
34. Municipalidad de San Sebastián, Comayagua  
35. Municipalidad de Siguatepeque, Comayagua  
36. Municipalidad de Villa de San Antonio, Comayagua  
37. Municipalidad de Las Lajas, Comayagua  
38. Municipalidad de Taulabé, Comayagua  
39. Municipalidad de Santa Rosa de Copán, Copán  
40. Municipalidad de Cabañas, Copán  
41. Municipalidad de Concepción, Copán  
42. Municipalidad de Corquín, Copán  
43. Municipalidad de Cucuyagua, Copán  
44. Municipalidad de Dolores, Copán  
45. Municipalidad de Dulce Nombre, Copán  
46. Municipalidad de El Paraíso, Copán  
47. Municipalidad de Florida, Copán  
48. Municipalidad de La Jigua, Copán  
49. Municipalidad de La Unión, Copán  
50. Municipalidad de Nueva Arcadia (La Entrada), Copán  
51. Municipalidad de San Agustín, Copán  
52. 
Municipalidad de San Antonio de Copán, Copán  
53. Municipalidad de San Jerónimo, Copán  
54. Municipalidad de San José, Copán  
55. Municipalidad de San Juan de Opoa, Copán  
56. Municipalidad de San Nicolás, Copán  
57. Municipalidad de San Pedro, Copán  
58. Municipalidad de Santa Rita, Copán  
59. Municipalidad de Trinidad, Copán  
60. Municipalidad de Veracruz, Copán  
61. Municipalidad de Choloma, Cortés  
62. Municipalidad de Omoa, Cortés  
63. Municipalidad de Pimienta, Cortés  
64. Municipalidad de Potrerillos, Cortés  
65. Municipalidad de Puerto Cortés, Cortés  
66. Municipalidad de San Antonio de Cortés, Cortés  
67. Municipalidad de San Francisco de Yojoa, Cortés  
68. Municipalidad de San Manuel, Cortés  
69. Municipalidad de Santa Cruz de Yojoa, Cortés  
70. Municipalidad de Villanueva, Cortés  
71. Municipalidad de La Lima, Cortés  
72. Municipalidad de Choluteca, Choluteca  
73. Municipalidad de Apacilagua, Choluteca   WT/REG211/1 
 Page 123 
 
 
74. Municipalidad de Concepción de María, Choluteca  
75. Municipalidad de Duyure, Choluteca  
76. Municipalidad de El Corpus, Choluteca  
77. Municipalidad de El Triunfo, Choluteca  
78. Municipalidad de Marcovia, Choluteca  
79. Municipalidad de Morolica, Choluteca  
80. Municipalidad de Namasigue, Choluteca  
81. Municipalidad de Orocuina, Choluteca  
82. Municipalidad de Pespire, Choluteca  
83. Municipalidad de San Antoni o de Flores, Choluteca  
84. Municipalidad de San Isidro, Choluteca  
85. Municipalidad de San José, Choluteca  
86. Municipalidad de San Marcos de Colón, Choluteca  
87. Municipalidad de Santa Ana de Yusguare, Choluteca  
88. Municipalidad de Alauca, El Paraíso  
89. Municipalidad de Danlí, El Paraíso  
90. Municipalidad de El Paraíso, El Paraíso  
91. Municipalidad de Guinope, El Paraíso  
92. Municipalidad de Jacaleapa, El Paraíso  
93. Municipalidad de Liure, El Paraíso  
94. Municipalidad de Morocelí, El Paraíso  
95. Municipalidad de Oropolí, El Paraíso  
96. Municipalidad de Potrerillos, El Paraíso  
97. Municipalidad de San Antoni o de Flores, El Paraíso  
98. Municipalidad de San Lucas, El Paraíso  
99. Municipalidad de San Matías, El Paraíso  
100. Municipalidad de Soledad, El Paraíso  
101. Municipalidad de Teupasenti, El Paraíso  
102. Municipalidad de Texíguat, El Paraíso  
103. Municipalidad de Vado Ancho, El Paraíso  
104. Municipalidad de Yauyupe, El Paraíso  
105. Municipalidad de Trojes, El Paraíso  
106. Municipalidad de Alubarén, Francisco Morazán  
107. Municipalidad de Cedros, Francisco Morazán  
108. Municipalidad de Curarén, Francisco Morazán  
109. Municipalidad de El Porvenir, Francisco Morazán  
110. Municipalidad de Guaimaca, Francisco Morazán  
111. Municipalidad de La Libertad, Francisco Morazán  
112. Municipalidad de La Venta, Francisco Morazán  
113. Municipalidad de Lepaterique, Francisco Morazán  
114. Municipalidad de Maraita, Francisco Morazán  
115. Municipalidad de Marale, Francisco Morazán  
116. Municipalidad de Nueva Armenia, Francisco Morazán  
117. Municipalidad de Ojojona, Francisco Morazán  
118. Municipalidad de Orica, Francisco Morazán  
119. Municipalidad de Reitoca, Francisco Morazán  
120. Municipalidad de Sabanagrande, Francisco Morazán  
121. Municipalidad de San Antonio de Oriente, Francisco Morazán  
122. Municipalidad de San Buenaventura, Francisco Morazán  
123. Municipalidad de San Ignacio, Francisco Morazán  
124. Municipalidad de San Juan de Flores, Francisco Morazán  
125. Municipalidad de San Miguelito, Francisco Morazán  
126. Municipalidad de Santa Ana, Francisco Morazán  
127. Municipalidad de Santa Lucía, Francisco Morazán  WT/REG211/1 
Page 124  
 
128. Municipalidad de Talanga, Francisco Morazán  
129. Municipalidad de Tatumbla, Francisco Morazán  
130. Municipalidad de Valle de Angeles, Francisco Morazán  
131. Municipalidad de Villa de San Francisco, Francisco Morazán  
132. Municipalidad de Vallecillo, Francisco Morazán  
133. Municipalidad de Puerto Lempira, Gracias a Dios  
134. Municipalidad de Brus Laguna, Gracias a Dios  
135. Municipalidad de Ahuas, Gracias a Dios  
136. Municipalidad de Juan Francisco Bulnes, Gracias a Dios  
137. Municipalidad de Villeda Morales, Gracias a Dios  
138. Municipalidad de Wampusirpi, Gracias a Dios  
139. Municipalidad de La Esperanza, Intibucá  
140. Municipalidad de Camasca, Intibucá  
141. Municipalidad de Colomoncagua, Intibucá  
142. Municipalidad de Concepción, Intibucá  
 
Schedule of Nicaragua 
 
 
1. Municipalidad de Altagracia  
2. Municipalidad de Belén  
3. Municipalidad de Boaco  
4. Municipalidad de Buenos Aires  
5. Municipalidad de Cárdenas  
6. Municipalidad de Catarina  
7. Municipalidad de Ciudad Antigua  
8. Municipalidad de Ciudad Darío  
9. Municipalidad de Ciudad Sandino  
10. Municipalidad de Dipilto  
11. Municipalidad de Dolores  
12. Municipalidad de El Jicaral  
13. Municipalidad de El Jícaro  
14. Municipalidad de El Rosario  
15. Municipalidad de Esquipulas  
16. Municipalidad de Jalapa  
17. Municipalidad de Jinotega  
18. Municipalidad de La Concepción  
19. Municipalidad de La Concordia  
20. Municipalidad de La Conquista  
21. Municipalidad de La Paz de Carazo  
22. Municipalidad de Macuelizo  
23. Municipalidad de Matiguás  
24. Municipalidad de Moyogalpa  
25. Municipalidad de Mozonte  
26. Municipalidad de Murra  
27. Municipalidad de Muy Muy  
28. Municipalidad de Nandasmo  
29. Municipalidad de Nindirí  
30. Municipalidad de Niquinohomo  
31. Municipalidad de Ocotal  
32. Municipalidad de Palacagüina  
33. Municipalidad de Rancho Grande  
34. Municipalidad de San Carlos  
35. Municipalidad de San Dionisio  
36. Municipalidad de San Fernando   WT/REG211/1 
 Page 125 
 
 
37. Municipalidad de San Francisco del Norte  
38. Municipalidad de San Isidro  
39. Municipalidad de San Jorge  
40. Municipalidad de San José de Cusmapa  
41. Municipalidad de San José de los Remates   
42. Municipalidad de San Lorenzo  
43. Municipalidad de San Lucas  
44. Municipalidad de San Ramón  
45. Municipalidad de Santa Lucía  
46. Municipalidad de Santa María  
47. Municipalidad de Santa Rosa del Peñón  
48. Municipalidad de Sébaco  
49. Municipalidad de Telpaneca  
50. Municipalidad de Terrabona  
51. Municipalidad de Teustepe  
52. Municipalidad de Ticuantepe  
53. Municipalidad de Tisma  
54. Municipalidad de Tola  
55. Municipalidad de Totogalpa  
56. Municipalidad de Tuma – La Dalia  
57. Municipalidad de Wiwilí  
58. Municipalidad de Yalagüina  
59. Municipalidad de Camoapa  
60. Municipalidad de Diriamba  
61. Municipalidad de El Castillo  
62. Municipalidad de El Crucero  
63. Municipalidad de El Sauce  
64. Municipalidad de El Viejo  
65. Municipalidad de Jinotepe  
66. Municipalidad de La Paz Centro  
67. Municipalidad de Larreynaga  
68. Municipalidad de León  
69. Municipalidad de Managua  
70. Municipalidad de Masatepe  
71. Municipalidad de Masaya  
72. Municipalidad de Matagalpa  
73. Municipalidad de Mateare  
74. Municipalidad de Nagarote  
75. Municipalidad de Potosí  
76. Municipalidad de Río Blanco  
77. Municipalidad de San Francisco Libre  
78. Municipalidad de San José de Achuapa  
79. Municipalidad de San Juan de Oriente  
80. Municipalidad de San Juan de Río Coco  
81. Municipalidad de San Juan del Norte  
82. Municipalidad de San Marcos  
83. Municipalidad de San Rafael del Sur  
84. Municipalidad de Santa Teresa  
85. Municipalidad de Somoto  
86. Municipalidad de Telica  
87. Municipalidad de Tipitapa  
88. Municipalidad de Villa Carlos Fonseca  
 
 WT/REG211/1 
Page 126  
 
Schedule of the United States 
 
 
 Unless otherwise specified, this Chapter cove rs procurement only by those entities listed in 
this schedule.  
 
List A :  
 
 Costa Rica, the Dominican Republic, El Salvador, Guatemala, and Nicaragua shall have access to procurement by the following sub-cen tral level of government entities:   
 Arkansas 
 
Executive branch agencies, including universities  
 
 This Chapter does not cover procurement by the Office of Fish and Game or construction 
services.  
 Colorado
 
Executive branch agencies   Connecticut 
 
Department of Administrative Services  Connecticut Department of Transportation  Connecticut Department of Public Works  Constituent Units of Higher Education   Delaware
*  
Administrative Services (Central Procurement Agency)  State Universities  State Colleges   Florida
* 
Executive branch agencies   Hawaii 
 
Department of Accounting and General Services  
 
 This Chapter does not cover procurement of so ftware developed in the state or construction 
services.  
 Idaho 
 
Idaho Central Procurement Agency (including all colleges and universities subject to central 
purchasing oversight)  
 
Kentucky  
Division of Purchases, Finance and Administration Cabinet    This Chapter does not cover procurement for construction projects.   Louisiana
 
Executive branch agencies   WT/REG211/1 
 Page 127 
 
 
Maryland *  
Office of the Treasury  Department of the Environment  Department of General Services  Department of Housing and Community  Development Department of Human Resources  Department of Licensing and Regulation  Department of Natural Resources  Department of Personnel  Department of Public Safety and Correctional Services  Department of Transportation  
 
Mississippi 
 
Department of Finance and Administration    This Chapter does not cover the procurement of services.   Nebraska 
 
Central Procurement Agency   New Hampshire
*  
Central Procurement Agency   New York
*  
State agencies  State university system  Public authorities and public benefit corporations   
1. This Chapter does not cover public authoriti es and public benefit corporations with 
multi-state mandates.    
2. This Chapter does not cover the procurement of transit cars, buses, or related equipment.  
Oregon 
 
Department of Administrative Services   Puerto Rico 
 
Department of State   Department of Justice  Department of the Treasury  Department of Economic De velopment and Commerce  
Department of Labor and Human Resources  Department of Natural and Environmental Resources  Department of Consumer Affairs  Department of Sports and Recreation    This Chapter does not cover the procurement of construction services.   Rhode Island 
 
Executive branch agencies  WT/REG211/1 
Page 128  
 
 This Chapter does not cover the procuremen t of boats, automobiles, buses, or related 
equipment.   South Dakota
 
Central Procuring Agency (including  universities and penal institutions)  
  This Chapter does not cover the procurement of beef.  Texas 
 
Texas Building and Procurement Commission   
 This Chapter does not apply to preferences for: (1 ) motor vehicles; (2) travel agents located in 
Texas; and (3) rubberized asphalt paving ma de from scrap tires by a Texas facility.  
 
Utah 
 
Executive branch agencies   Vermont
 
Executive branch agencies   
Washington 
 
Washington State executive branch agencies, including:     
General Administration     Department of Transportation     State Universities    This Chapter does not cover the procurement of fuel, paper products, boats, ships, or vessels.  
 Wyoming
*  
Procurement Services Division  Wyoming Department of Transportation  University of Wyoming    This Chapter does not cover the procurement of construction services.  
 
List B
:  
 
 Honduras shall have access to procurement by the following sub-central level of government 
entities:  
 
Arkansas  
Executive branch agencies, including universities  
 Colorado
 
Executive branch agencies   Connecticut
 
Department of Administrative Services  Connecticut Department of Transportation  Connecticut Department of Public Works  Constituent Units of Higher Education   WT/REG211/1 
 Page 129 
 
 
Florida *  
Executive branch agencies   Kentucky 
 
Division of Purchases, Finance and Administration Cabinet    This Chapter does not cover procurement for construction projects.   Louisiana
 
Executive branch agencies   Maryland
* 
Office of the Treasury  Department of the Environment  Department of General Services  Department of Housing and Community Development  Department of Human Resources  Department of Licensing and Regulation  Department of Natural Resources  Department of Personnel Department of P ublic Safety and Correctional Services  
Department of Transportation   Mississippi
 
Department of Finance and Administration    This Chapter does not cover the procurement of services.   Nebraska
 
Central Procurement Agency   New Hampshire
*  
Central Procurement Agency   New York
*  
State agencies  State university system  Public authorities and public benefit corporations   
1. This Chapter does not cover public authorities and public benefit corporations with multi-
state mandates.    
2. This Chapter does not cover the procurement of transit cars, buses, or related equipment.  
Puerto Rico
 
Department of State   Department of Justice  Department of the Treasury Department of Economic Development and Commerce   
Department of Labor and Human Resources  Department of Natural and Environmental Resources  Department of Consumer Affairs  WT/REG211/1 
Page 130  
 
Department of Sports and Recreation  
 
 This Chapter does not cover the procurement of construction services.  
  
South Dakota
 
Central Procuring Agency (including  universities and penal institutions)  
  This Chapter does not cover the procurement of beef.   Texas
 
Texas Building and Procurement Commission   
 This Chapter does not apply to preferences for: (1 ) motor vehicles; (2) travel agents located in 
Texas; and (3) rubberized asphalt paving ma de from scrap tires by a Texas facility.  
 
Vermont
 
Executive branch agencies   
Washington 
 
Washington State executive branch agencies, including: General Administration Department of Transportation  
State Universities  
 
 This Chapter does not cover the procurement of fuel, paper products, boats, ships, or vessels.  
 Wyoming
*  
Procurement Services Division  Wyoming Department of Transportation  University of Wyoming  
 
 This Chapter does not cover the procurement of construction services.   
Notes to the Schedule of the United States 
 
 
1. For the states marked by an asterisk (*), indica ting pre-existing restrictions, this Chapter does 
not cover the procurement of construction-grade st eel (including requirements on subcontracts), motor 
vehicles, or coal.  
2. This Chapter does not apply to preferences or restrictions associated with programs 
promoting the development of distressed areas, or businesses owned by minorities, disabled veterans, 
or women.  
3. Nothing in this Annex shall be construed to prevent any state entity from applying restrictions 
that promote the general environmental quality in that state, as long as such restrictions are not disguised barriers to international trade.  
4. This Chapter does not cover any procurement made by a covered entity on behalf of non-
covered entities at a different level of government.  
5. This Chapter does not apply to restrictions a ttached to Federal funds for mass transit and 
highway projects.   WT/REG211/1 
 Page 131 
 
 
6. This Chapter does not apply to the procurement of printing services.  
 
Section C: Other Covered Entities  
 
1. This Chapter applies to the other covered en tities listed in each Party’s Schedule to this 
Section where the value of the procurement is  estimated, in accordance with paragraph 1 of 
Section H, to equal or exceed:  
(a) for procurement of goods and services:  
(i) of List A entities, US$250,000; or  
(ii) of List B entities, US$538,000; and  
(b) for procurement of construction services for List A and List B entities:  
(i) US$6,725,000; or  
(ii) in the case of the Central American Parties and the Dominican Republic, for 
the three-year period following the date of  entry into force of this Agreement, 
US$8,000,000.  
 The monetary thresholds set out in subpar agraphs (a)(ii) and (b)(i) shall be adjusted 
in accordance with Section H of this Annex.     
2. Unless otherwise specified, this Chapter c overs only the entities listed in each Party’s 
Schedule in this Section.  
Schedule of Costa Rica 
 
 
List A :  
 
1. Instituto Costarricense de Ferrocarriles – INCOFER  
2. Instituto Costarricense de Puertos del Pacífico – INCOP  
3. Junta Administrativa de la Imprenta Nacional  
4. Programa Integral de Mercade o Agropecuario – PIMA  
5. Autoridad Reguladora de los S ervicios Públicos – ARESEP  
6. Banco Hipotecario de la Vivienda – BANHVI  
7. Consejo de Transporte Público  
8. Instituto Costarricense del Deporte y la Recreación  
9. Instituto Nacional de Fomento Cooperativo – INFOCOOP  
10. Servicio Nacional de Aguas Subterráneas, Riego y Avenamiento  
11. Banco Central de Costa Rica1 
 
List B :  
 
1. Caja Costarricense de Seguro Social2 
 
2. Instituto Costarricense de Electricidad3 
 
 
 
 
 WT/REG211/1 
Page 132  
 
Notes to Costa Rica Schedule 
 
 
1. Banco Central de Costa Rica : This Chapter does not cover the issuance of bills, coins, or tax 
stamps.  
2. Caja Costarricense de Seguro Social : This Chapter does not cover procurement by goods 
classified under Section 2 (food products, beverag es and tobacco, textiles, apparel, and leather 
products) of the CPC, version 1.0.  
3. Instituto Costarricense de Electricidad  (“ICE”):  
(a) The 40-day time limit set out in Article 9.5.1 shall not apply to the ICE.  ICE shall 
provide suppliers sufficient time to pr epare and submit responsive tenders.  
(b) Notwithstanding Article 9.15.6(a), ICE shall provide no less than three business days 
for suppliers to prepare and submit written challenges.  
(c) On request of the United States, Costa Ri ca shall consult with regard to the 
implementation of time periods referred to in subparagraphs (a) and (b).  
Schedule of the Dominican Republic  
 
List A :  
 
1. Instituto Nacional de Formación y Capacitación Magisterial  
2. Corporación de Fomento Industrial  
3. Instituto Nacional de la Uva  
4. Instituto Agrario Dominicano  
5. Instituto Dominicano del Azúcar (INAZUCAR)  
6. Centro de Exportación e Inversión de la República Dominicana  
7. Instituto de Auxilios y Vivienda (INAVI)  
8. Corporación Dominicana de Empresas Eléctricas Estatales (CDEE)  
9. Autoridad Portuaria Dominicana  
10. Cámara de Cuentas de la República Dominicana  
11. Consejo Nacional de Zonas Francas de Exportación  
12. Instituto Dominicano de las Telecomunicaciones (INDOTEL)1 
 
13. Junta Central Electoral  
14. Superintendencia de Bancos  
15. Banco Central de la República Dominicana2 
 
 
Notes to the Dominican Republic Schedule  
 
1. Instituto Dominicano de las Telecomunicaciones  (INDOTEL) : This Chapter does not apply to 
procurements of goods and services required for th e implementation of special projects executed by 
the Fondo de Desarrollo de las Telecomunicaciones to implement the Política Social sobre Servicio 
Universal of the Dominican Republic pursuant to the Ley General de Telecomunicaciones No.153-98 
and Reglamento del Fondo de Desarollo de las Telecomunicaciones .  
2. Banco Central de la República Dominicana : This Chapter does not cover the issuance of 
currency and coins.  
 
  WT/REG211/1 
 Page 133 
 
 
Schedule of El Salvador  
 
List A :  
 
1. Consejo de Vigilancia de la Contaduría Pública  
2. Consejo Nacional de Ciencia y Tecnología  
3. Consejo Salvadoreño del Café  
4. Consejo Superior de Salud Pública  
5. Corporación Salvadoreña de Turismo  
6. Federación Salvadoreña de Fútbol  
7. Feria Internacional de El Salvador  
8. Fondo de Inversión Social de Desarrollo Local  
9. Hogar de Ancianos “Narcisa Castillo,” Santa Ana  
10. Hospital Nacional “Benjamin Bloom”  
11. Hospital Nacional “Dr. Luis Edmundo Vásquez,” Chalatenango  
12. Hospital Nacional “Francisco Menéndez,” Ahuachapán  
13. Hospital Nacional “Juan José Fernández” Zacamil  
14. Hospital Nacional “San Juan de Dios,” San Miguel  
15. Hospital Nacional “San Juan de Dios,” Santa Ana  
16. Hospital Nacional “San Juan de Dios,” Sonsonate  
17. Hospital Nacional “San Pedro,” Usulután  
18. Hospital Nacional “San Rafael” Nueva San Salvador  
19. Hospital Nacional “Santa Gertrudis,” San Vicente  
20. Hospital Nacional “Santa Teresa” Zacatecoluca  
21. Hospital Nacional de Ciudad Barrios  
22. Hospital Nacional de Cojutepeque  
23. Hospital Nacional de Ilobasco  
24. Hospital Nacional de Jiquilisco  
25. Hospital Nacional de La Unión  
26. Hospital Nacional de Maternidad “Dr. Raúl Argüello Escolán”  
27. Hospital Nacional de Metapán  
28. Hospital Nacional de Nueva Concepción  
29. Hospital Nacional de Nueva Guadalupe  
30. Hospital Nacional de San Francisco Gotera  
31. Hospital Nacional de Santa Rosa de Lima  
32. Hospital Nacional de Santiago de María  
33. Hospital Nacional de Sensuntepeque  
34. Hospital Nacional de Suchitoto  
35. Hospital Nacional Neumológico “Dr. José Antonio Saldaña”  
36. Hospital Nacional Psiquiátrico “Dr. José Molina Martínez”  
37. Hospital Nacional San Bartolo  
38. Instituto Nacional de los Deportes de El Salvador   
39. Instituto Nacional de Pensiones de los Empleados Públicos  
40. Instituto Salvadoreño de Desarrollo de la Mujer  
41. Instituto Salvadoreño de Desarrollo Municipal  
42. Instituto Salvadoreño de Fomento Cooperativo  
43. Instituto Salvadoreño de Formación Profesional  
44. Instituto Salvadoreño de Protección al Menor  
45. Instituto Salvadoreño de Rehabilitación de Inválidos  
46. Instituto Salvadoreño de Transformación Agraria  
47. Instituto Salvadoreño de Turismo  
48. Registro Nacional de las Personas Naturales  
49. Superintendencia de Pensiones  WT/REG211/1 
Page 134  
 
50. Superintendencia de Valores  
51. Unidad Técnica Ejecutiva  
52. Comisión Ejecutiva Portuaria Autónoma  
53. Comisión Ejecutiva Hidroeléctrica del Río Lempa  
54. Complejo Pesquero  
55. Corporación Salvadoreña de Inversiones  
 List B
:  
 1. Centro Nacional de Registros  
2. Hospital Nacional Rosales  
3. Superintendencia General de Energía y Telecomunicaciones (SIGET)  
 
Note to El Salvador Schedule 
 
 
 This Chapter does not cover procurement by th e entities listed in List A items 10 through 37 
and in List B item 2 of goods classified under S ection 2 (food products, beverages and tobacco; 
textiles, apparel, and leather produc ts) of the CPC, version 1.1.   
 
Schedule of Guatemala  
 
List A :  
 
1. Academia de Lenguas Mayas de Guatemala  
2. Confederación Deportiva Autónoma de Guatemala  
3. Comisión Institucional para el Desarrollo y Fortalecimiento de la Propiedad de la Tierra  
4. Comité Olímpico Guatemalteco  
5. Comité Permanente de Exposiciones  
6. Consejo Nacional para la Protección de la Antigua Guatemala  
7. Empresa Guatemalteca de Telecomunicaciones  
8. Escuela Nacional Central de Agricultura  
9. Instituto de Ciencia y Tecnología Agrícolas  
10. Instituto de Fomento Municipal  
11. Instituto Guatemalteco de Turismo  
12. Instituto Nacional de Administración Pública   
13. Instituto Nacional de Bosques  
14. Instituto Nacional de Comercialización Agrícola  
15. Instituto Nacional de Cooperativas  
16. Instituto Nacional de Estadística  
17. Instituto Técnico de Capac itación y Productividad  
18. Superintendencia de Administración Tributaria   
19. Fondo de Solidaridad para el Desarrollo Comunitario  
 Schedule of Honduras 
 
 
List A :  
 
1. Administración Forestal del Estado, Cor poración Hondureña de Desarrollo Forestal 
(AFE-COHDEFOR)  
2. Instituto Hondureño de Mercadeo Agrícola (IHMA)  
3. Instituto Hondureño para la prevenci ón del Alcoholismo, Drogadicción y 
Farmacodependencia (IHADFA)  
4. Instituto Hondureño de Turismo (IHT)   WT/REG211/1 
 Page 135 
 
 
5. Instituto Nacional de Jubilaciones y Pension es de los Funcionarios y Empleados del Poder 
Ejecutivo (INJUPEMP)  
6. Comisión Nacional Pro-Instalaciones Deportivas  y Mejoramiento del Deporte (CONAPID)  
7. Comité Permanente de Contingencias (COPECO)  
8. Instituto Nacional Agrario (INA)  
9. Empresa Nacional Portuaria (ENP)  
10. Banco Central de Honduras (BCH)1 
11.  
Note to Honduras Schedule  
 
 Banco Central de Honduras  (BCH): This Chapter does not cover the issuance or the 
circulation of currency.   Schedule of Nicaragua
 
 
List A :  
 
1. Banco Central de Nicaragua  
2. Comisión Nacional de Energía  
3. Consejo Nacional de Planificación Económica y Social  
4. Correos de Nicaragua  
5. Dirección General de Ingresos  
6. Dirección General de Servicios Aduaneros  
7. Empresa Administradora de Aeropuertos Internacionales  
8. Empresa Portuaria Nacional  
9. Fondo de Inversión Social de Emergencia (FISE)  
10. Fondo Nicaragüense de la Niñez y la Familia  
11. Instituto de Desarrollo Rural (IDR)  
12. Instituto de Seguridad Social y Desarrollo Humano  
13. Instituto de Vivienda Urbana y Rural  
14. Instituto Nacional de Estadísticas y Censos  
15. Instituto Nacional Forestal  
16. Instituto Nacional Tecnológico  
17. Instituto Nicaragüense de Apoyo a la Pequeña y Mediana Empresa  
18. Instituto Nicaragüense de Cultura  
19. Instituto Nicaragüense de Estudios Territoriales  
20. Instituto Nicaragüense de Juventud y Deportes  
21. Instituto Nicaragüense de la Mujer  
22. Instituto Nicaragüense de  Seguridad Social  
23. Instituto Nicaragüense de Tecnología Agropecuaria  
24. Instituto Nicaragüense de Turismo  
25. Instituto Tecnológico Nacional  
26. Ministerio Público  
27. Procuraduría para la  Defensa de los Derechos Humanos  
28. Radio Nicaragua  
29. Sistema Nacional de Prevencion, Mitigacion y Atencion de Desastres  
30. Superintendencia de Bancos y de otras Instituciones Financieras  
31. Teatro Nacional Rubén Darío  
32. Universidades y Centros de Educación Técnic a Superior (with respect to purchases made  
with funds from the State)  
 
  WT/REG211/1 
Page 136  
 
Notes to Nicaragua Schedule 
 
 
1. Banco Central de Nicaragua : This Chapter does not cover the issuance of bills or coins.  
 2. Dirección General de Ingresos
: This Chapter does not cover the production or issuance of 
passports (including its security elements, such as s ecurity paper or security plastic) or tax stamps.  
 
Schedule of the United States   
 
List A :  
 
1. Tennessee Valley Authority  
2. Bonneville Power Administration   3. Western Area Power Administration   4. Southeastern Power Administration   
5. Southwestern Power Administration  
6. St. Lawrence Seaway Development Corporation    
List B
:  
 
Rural Utilities Service1 
 
Notes to United States Schedule  
 
1.  The Rural Utilities Service agrees:  
 
(a) to waive federal buy national requirements imposed as conditions of funding for all 
power generation projects; and  
(b) to apply procurement procedures equivalent  to the procedures in the WTO Agreement 
on Government Procurement and national tr eatment to funded projects exceeding the 
thresholds specified above.  
 For greater certainty, this Chapter does not a pply to any other aspect of procurement by the 
Rural Utilities Service, including any restrictions the Rural Utilities Service places on financing for 
telecommunications projects.  
 
2.  With respect to procurement by entities listed in this Section, this Chapter does not apply to 
restrictions attached to Federal funds for airport projects.  
Section D: Goods  
 
 This Chapter applies to all goods procured by the entities listed in Sections A through C, 
subject to the Notes to the respectiv e Sections and the General Notes.  
 
Section E: Services  
 
This Chapter applies to all services procured by the entities listed in Sections A through C, 
subject to the Notes to the respective Sections, th e General Notes, and the Notes to this Section, 
except for the services excluded in the Schedules of each  Party.  All services covered by this Section 
are subject to the existing measures listed in each Party’s Schedule to Annex I.  
  WT/REG211/1 
 Page 137 
 
 
Schedule of Costa Rica  
 
 This Chapter does not cover procurement of the following services:   
1.  Research and Development  
 Division 81 Research and Development Services   2. Management of Government-Owned Fac ilities (Administrative Facilities and Service 
Buildings, Airfield, Communications, and Missile  Facilities, Educational Buildings, Hospital 
Buildings, Industrial Buildings, Residential Buildings, Warehouse Buildings, Research and 
Development Facilities, Other Buildings, Conser vation and Development Facilities, Highways, 
Roads, Streets, Bridges and Railways, Electric Power Generation (EPG) Facilities, Utilities, Other Non-Building Facilities).   
3. Management and Distribution of Lotteries  
  Class 9692  Gambling and Betting services   4. Public Services  
 
Division 69  Electricity Distribution Services; Gas and Water Distribution Services  
through mains  
 Division 91  Public Administration and other services to the community as a whole;     Compulsory Social Security Services  
Division 92  Education Services (public education)  
Division 93  Health and Social Services  
Division 94  Sewage and Refuse Disposal , Sanitation and other Environmental  
Protection Services  
 
Schedule of the Dominican Republic 
 
  This Chapter does not cover procurement of the following services:  
 1.  Business and Production Services    Division 81  Research and Development Services   Group: 836  Advertising Services  
 
2. Management of Government-Owned Fac ilities (Administrative Facilities and Service 
Buildings, Airfield, Communications, Missile Facil ities, Educational Buildings, Hospital Buildings, 
Industrial Buildings, Residential Buildings, Warehouse Buildings, Research and Development 
Facilities, Other Buildings, Conservation and Deve lopment Facilities, Highways, Roads, Streets, 
Bridges, Dams, Railways, Electric Power Generation (EPG) Facilities, Public Utilities, Other Non-
Building Facilities).    3. Public Services    Division 69  Electricity Distribution Services; Gas and Water Distribution Services  
  through mains    Division 913  Administrative Services of Compulsory Social Security Schemes  Division 92  Education Services (public education)  
 
4.  Transport Services  WT/REG211/1 
Page 138  
 
  Division 64  Land Transport Services    Division 65  Water Transport Services   Division 66  Air Transport Services   
5. Printing Services   
 
Schedule of El Salvador 
 
 
 No services are excluded.  
 
Schedule of Guatemala  
 
 This Chapter does not cover the following ser vices, as elaborated in CPC, version 1.0:  
 1.  Public Services  
 
 Division 69  Electricity Distribution Services; Gas and Water Distribution Services 
 through mains  
 Division 91  Public Administration and other services to the community as a whole; 
 Compulsory Social Security Services  
 Division 92  Education Services (public education)   Division 93  Health and Social Services  
 Division 94  Sewage and Refuse Disposal, Sa nitation and other Environmental Protection 
 Services  
 
2. Individual Professional Services (This Chapter does not cover the contracting of individuals, 
for defined periods, who provide a professional service,  where such contracting is not used to avoid 
the obligations of this Chapter).  
 
Schedule of Honduras 
 
 
 This Chapter does not cover the following ser vices, as elaborated in CPC, version 1.0.  
 
1. CPC 64  Land Transport Services  
2. CPC 66  Air Transport Services  3. CPC 69  Electricity Distribution Services; Gas and Water Distribution Services 
through mains  
 
Schedule of Nicaragua 
 
 
 This Chapter does not cover procurement of  the following services, as elaborated in the 
Common Classification System ( for a complete listing of the Common Classification System see 
www.sice.oas.org/trade/nafta/chap-105.asp):   1.  M. Operation of Government-Owned Facilities  
 
 All classes   
 This Chapter does not cover the procurement of  the following services, as elaborated in CPC, 
version 1.0.   WT/REG211/1 
 Page 139 
 
 
2. Public Services  
 
 Division 69  Electricity Distribution Services; Gas and Water Distribution Services 
through mains  
 Division 91 Public Administration and ot her services to the community as a whole; 
Compulsory Social Security Services  
 Division 92  Education Services (public education)  
 Division 93  Health and Social Services  
 Division 94  Sewage and Refuse Disposal, Sa nitation and other Environmental Protection 
Services   
 
Schedule of the United States  
 
 This Chapter does not cover the procurement of the following services, as elaborated in the 
Common Classification System ( for a complete listing of the Common Classification System see 
http://www.tcc.mac.doc.gov/cgi-bin/doit.cgi? 204:66:601961876: 49#An1001.1b-2-B.):    
 1. A.   Research and Development        All classes  
 
2.  D.   Information Processing and Related Telecommunications Services    D304 ADP  Telecommunications and Transmission Services, except for those services 
classified as “enhanced or value-added services.”  For the purposes of this 
provision, the procurement of “ADP Telecommunications and Transmission 
Services” does not include the ownership or furnishing of facilities for the 
transmission of voice or data services.   
  D305 ADP Teleprocessing and Timesharing Services    
 D316 Telecommunications Ne twork Management Services  
  D317   Automated News Services, Data Se rvices or Other Information Services   
  D399   Other ADP and Telecommunications Services    
3. J.  Maintenance, Repair, Modifica tion, Rebuilding, and Installation of 
Goods/Equipment 
 J019  Maintenance, Repair, Modifica tion, Rebuilding and Installation of 
Equipment Related to Ships  
 
J998    Non-nuclear Ship Repair  
 
4.  M.    Operation of Government-Owned Facilities  
 
 All facilities operated by the Department of De fense, Department of Energy, and the National 
Aeronautics and Space Administration; and for all entities:  
 
M180   Research and Development facilities   WT/REG211/1 
Page 140  
 
5. S.   Utilities     All Classes   6. V.   Transportation, Travel and Relocation Services  
 
   All Classes except V503 Travel Agent Services   
Notes to the United States Schedule 
 
 
This Chapter does not cover the procurement of any service in support of military forces 
overseas.  
 
Section F: Construction Services  
 
This Chapter applies to all construction services for all Parties procured by the entities listed 
in Sections A through C, subject to the Notes to the respective Sections and the General Notes. All 
construction services covered by this Section are subject to the existing measures listed in each 
Party’s Schedule to Annex I.  
 
Schedule of the Dominican Republic  
 
This Chapter does not cover the procurement of construction services with respect to 
suppliers of Puerto Rico, until such time as the Dominican Republic and Puerto Rico provide 
reciprocal access to procurement of construction services for each other’s suppliers.  
 
Schedule of the United States  
 
This Chapter does not cover the procurement of dredging services.   
Section G:  General Notes 
 
 
 Unless otherwise specified herein, the follo wing General Notes to each Party’s Schedule 
apply without exception to this Chapter, in cluding to all sections of this Annex.  
 
Schedule of Costa Rica  
 
1. This Chapter does not apply to procurement by  one Costa Rican entity of a good or service 
obtained or acquired from another Costa Rican entity.  
2. This Chapter does not apply to government procurement programs on behalf of small, 
medium and micro enterprises (SME).  
Schedule of the Dominican Republic  
 
1. This Chapter does not apply to government procurement programs on behalf of small, 
medium and micro enterprises, including any form of  preference, such as the exclusive right to 
provide a good or a service.  
2. This Chapter does not apply to the procurement of construction-grade steel (including 
requirements on subcontracts).   WT/REG211/1 
 Page 141 
 
 
3. This Chapter does not apply to government pr ocurement programs to promote the alleviation 
of poverty, or to protect women, the disabled, or children and adolescents, including at the border with Haiti ( Zona Fronteriza ) or in other rural or impoverished areas.  
4. This Chapter does not apply to procurement of goods and services related to the disposal of 
toxic, dangerous, or radioactive waste.  
5. This Chapter does not apply to procurement by one Dominican entity of a good or service 
obtained or acquired from another Dominican entity.  
6. This Chapter does not cover procurement made in furtherance of public health protection 
programs, including treatment of HIV/AIDS, tuberculos is, paludism, malaria, or other epidemics.     
7. This Chapter does not apply to procurements ma de in support of human feeding programs.  
Schedule of El Salvador 
 
 
 This Chapter does not apply to procurement by one Salvadoran entity of a good or service 
obtained or acquired from another Salvadoran entity.   
Schedule of Guatemala 
 
 
1. This Chapter does not apply to procurement by one Guatemalan entity of a good or service 
obtained or acquired from another Guatemalan entity.  
2. This Chapter does not apply to procurement of  unrefined minerals naturally occurring in 
Guatemala for the construction of public works.  
3. If, following the entry into force of this Agre ement between the United States and Guatemala, 
Guatemala proposes to implement a procurement measure that is intended to promote the development of its minority-owned or small, medi um and micro enterprises, but that would not be 
consistent with this Chapter, Guatemala shall cons ult with the United States.  If the United States and 
Guatemala agree on the need and terms and cond itions for such a measure, Guatemala shall be 
permitted to implement the measure.  
Schedule of Honduras 
 
 
 This Chapter does not apply to procurement by one Honduran entity of a good or service 
obtained or acquired from another Honduran entity.   
Schedule of Nicaragua 
 
 
1. This Chapter does not apply to procurement by one Nicaraguan entity of a good or service 
obtained or acquired from another Nicaraguan entity.   2.  (a) Notwithstanding Articles 9.2.1 and 9.2.2, for five years following the date of the 
entry into force of this Agreement between the United States and Nicaragua, 
Nicaragua may maintain a price preference program for its small, medium, and micro 
enterprises, in accordance with the following:  
 
(i) A “small, medium, and micro enterprise” is defined, for purposes of this note, 
as a business that has 100 or fewer employees and total annual sales of no more than US$1.2 million;  WT/REG211/1 
Page 142  
 
(ii) Nicaragua may award its small, medium, and micro enterprises up to a ten 
percent price preference in tenders for procurement covered by this Chapter; 
and  
(iii)  The price preference shall be cl early described in the notice of intended 
procurement or notice inviting suppliers  to participate in the procurement 
and relevant tender documentation.  
 
 (b)  Before the end of the five-year period,  the United States and Nicaragua shall consult 
to determine whether there is a need to ex tend the price preference program and, if 
they agree that there is such a need, to  determine the scope of the extension.  
  (c) If, following the entry into force of th is Agreement between the United States and 
Nicaragua, Nicaragua proposes to implement a procurement measure that is intended to promote the development of its small, medium and micro enterprises, but that 
would not be consistent with this Chapte r, Nicaragua shall consult with the United 
States.  If the United States and Nicaragua agree on the need and terms and conditions for such a measure, Nicaragua  shall be permitted to implement the 
measure.  
 
Schedule of the United States 
 
 
1. This Chapter does not apply to set asides on behalf of small or minority businesses.  Set-
asides include any form of preference, such as th e exclusive right to provide a good or service and 
price preferences.   2. This Chapter does not apply to the procurement of transportation services that form a part of, 
or are incidental to, a procurement contract.  
 
Section H : Threshold Adjustment Formula 
 
 
1. In calculating the value of a contract for the purpose of ascertaining whether a procurement is 
covered by this Chapter, a procuring entity shall include the maximum total estimated value of the 
procurement over its entire duration, taking into account all options, premiums, fees, commissions, 
interest, and other revenue streams,  or other forms of remuneration provided for in such contracts.  
2. The thresholds in Sections A through C shall be adjusted at two-year intervals with each 
adjustment taking effect on January 1, beginning on January 1, 2006.  
3. With regard to the thresholds for goods and services in Section A, the United States shall 
calculate the U.S. dollar value for the threshold ev ery two years, based on the U.S. inflation rate 
measured by the Producer Price Index for Finished Goods published by the U.S. Bureau of Labor 
Statistics, using the two-year period that ends on Oc tober 31 in the year prior to the adjustment taking 
effect, and using the following formula:  
T0 x (1+∏i) = T 1  
 
T0 = threshold value at base period  
 
∏i =  accumulated U.S. inflation rate for the ith
 two-year period  
 
T1  =  new threshold value.  
  WT/REG211/1 
 Page 143 
 
 
4. The thresholds for construction services in Sec tion A and the thresholds in Sections B and C 
are conversions into U.S. dollars of the thres holds listed in the U.S. Appendix 1 to the WTO 
Agreement on Government Procurement, which are set out in Special Drawing Rights (SDRs) and 
listed below. The United States shall calculate adjust ments of these thresholds based on an average of 
the daily conversion rates of the U.S. dollar in te rms of SDRs,  published by the IMF in its monthly 
"International Financial Statistics," for the two-year  period preceding October 1 or November 1 of the 
year before the adjusted thresholds are to take effect:  
(a) 5 million SDRs for construction services;  
(b) 355,000 SDRs for goods and services for Section B entities; and  
(c) 400,000 SDRs for goods and services for Section C, List B entities.  
5.  The United States shall notify the other Parties of the adjusted threshold values by 
December 15 of the year before the adjusted thresholds take effect.   6. Except for El Salvador, which shall use th e value expressed by the United States in U.S. 
dollars, each Party shall:   
 
(a) convert the adjusted thresholds values no tified by the United States under paragraph 4 
into its national currency based on the offi cial conversion rate of its central bank, 
using the average of the daily values of its currency in terms of the U.S. dollar over the two-year period ending September 30 of the year in which the United States notifies the adjusted thresholds; and  
(b) promptly notify the other Parties of the value in its currency of the adjusted 
thresholds.  
7. The Parties shall consult bilaterally if a majo r change in a national currency vis-à-vis the other 
currency were to create a significant problem with regard to the application of the Chapter.  
 
Section I: Transition Mechanisms
 
 
1. Each Party shall make best efforts to comply  with the obligations listed in each Party’s 
Schedule to this Section during the two years following th e date of entry into force of this Agreement.  
The Notes to each Party’s Schedule shall apply during this two-year period.  Thereafter, each Party 
shall fully comply with these obligations.  
Schedule of Costa Rica  
 
1. Article 9.4.2 (inclusion of an indication that th e procurement is covered by this Chapter in the 
notice of intended procurement)  
2. Article 9.5.1 (40-days time limit for the tendering process)1 
 
3. Article 9.6.3 (written communication of m odification to tender documentation)  
4. Article 9.11.2 (publication of a notice regarding the contract award)  
5. Article 9.15.6(a) (period provided to supplie rs to prepare and submit written challenges)2 
 
 WT/REG211/1 
Page 144  
 
Notes to Costa Rica Schedule 
 
 
1. Article 9.5.1: For the tendering process set out in Article 9.5.1, Costa Rica shall provide at 
least 30 days for procurement made through the Licitación Pública  and at least ten days for 
procurement made through the Licitación por Registro .  
2. Article 9.15.6(a): Costa Rica shall provide at l east three days for suppliers to prepare and 
submit written challenges under Article 9.15.6(a).  
Schedule of the Dominican Republic  
 
1. Article 9.3 (make publicly available judicial d ecisions and administrative rulings of general 
application governing procurement)1 
 
2. Article 9.4.2 (inclusion of an indication that th e procurement is covered by this Chapter in the 
notice of intended procurement)  
3. Article 9.5.1 (40-days time limit for the tendering process)2 
 
4. Article 9.9.3 (only for preparation of written repor ts for the awarding of contracts using direct 
purchasing)  
5. Article 9.11.2 (publication of a notice regarding the contract award)  
6. Article 9.13 (establishment and maintenance of procedures that declare a supplier ineligible 
for participation)  
Notes to the Dominican Republic Schedule  
 
1. Article 9.3 : The Dominican Republic shall provide to the other Parties any judicial decision 
and administrative ruling of general application governing procurement.  
2. Article 9.5.1 : The Dominican Republic shall provide at least 30 days for the tendering process 
set out in Article 9.5.1.  
Schedule of Guatemala  
 
1. Article 9.4.2 (inclusion of an indication that th e procurement is covered by this Chapter in the 
notice of intended procurement)   
2. Article 9.5.1 (40-days time limit for the tendering process)1 
 
3. Article 9.6.3 (written communication of m odification to tender documentation)  
4. Article 9.11.2 (publication of a notice regarding the contract award)  
5. Article 9.13 (establishment and maintenance of procedures that declare a supplier ineligible 
for participation)2 
 
6. Article 9.15.6 (period provided to suppliers to prepare and submit written challenges)  
  WT/REG211/1 
 Page 145 
 
 
Notes to Guatemala Schedule  
 
1. Article 9.5.1: For the tendering process set out in Article 9.5.1,Guatemala shall provide at 
least eight days for suppliers to submit tenders  following the publication of the notice of intended 
procurement.  
2. Article 9.13: Guatemala shall not adopt any me asure that weakens its current practice with 
respect to Article 9.13.  
Schedule of Honduras  
 
1. Article 9.4.2 (inclusion of an indication that th e procurement is covered by this Chapter in the 
notice of intended procurement)  
2. Article 9.5.1 (40-days time limit for the tendering process)1 
 
3. Article 9.6.3 (written communication of m odification to tender documentation)  
4. Article 9.11.2 (publication of a notice regarding the contract award)  
5. Article 9.15.6(a) (period provided to supplie rs to prepare and submit written challenges)2 
 
Notes to Honduras Schedule  
 
1. Article 9.5.1: Honduras shall provide at least 15 days for the tendering process set out in 
Article 9.5.1, except for build-operate-transfer or  public works concession contracts, in which case 
Honduras shall provide at least 30 days for the tendering process.   2. Article 9.15.6(a): Honduras shall provide at least five days for the period provided to 
suppliers to prepare and submit written ch allenges set out in Article 9.15.6(a).  
 
Schedule of Nicaragua 
 
 
1. Article 9.4.2 (inclusion of an indication that th e procurement is covered by this Chapter in the 
notice of intended procurement)  
2. Article 9.5.1 (40-days time limit for the tendering process)1 
 
3. Article 9.6.3 (written communication of m odification to tender documentation)  
4. Article 9.11.2 (publication of a notice regarding the contract award)  
5. Article 9.13 (establishment and maintenance of procedures that declare a supplier ineligible 
for participation)2 
 
6. Article 9.15.6 (period provided to supplier s to prepare and submit written challenges)3 
 
Notes to Nicaragua Schedule  
 
1. Article 9.5.1 : For the tendering process set out in Article 9.5.1, Nicaragua shall provide at 
least 30 days for a Licitación Pública  procurement and at least 15 days for a Licitación por  Registro  
procurement.  WT/REG211/1 
Page 146  
 
2. Article 9.13
: Nicaragua shall not adopt any measure that weakens its current practice with 
respect to Article 9.13.  
3. Article 9.15.6 : Nicaragua shall provide at least five days for suppliers to prepare and submit 
written challenges set out in Article 9.15.6.  
Section J: Transition Mechanisms for Coverage of Construction Services –  
the Dominican Republic  
 1.  Notwithstanding Article 9.2.4, the Dominican Republic may, subject to paragraphs 2 through 
5, maintain the following offsets, as provided for in  Law No. 322 of 2 June 1981, and its Regulation 
No. 578-86 with respect to procurement cove red by Section F of this Chapter:  
 
(a) a requirement that a foreign supplier seeking to participate in a procurement covered 
by this Chapter must be associated with  an enterprise established under the laws of 
the Dominican Republic, that is capitalized  with Dominican or mixed Dominican and 
foreign capital, and where the share held by  the foreign supplier in the association is 
limited to no more than 50 percent, which may be increased to 70 percent depending 
on the availability of Dominican capital; and  
(b) a requirement that 50 percent of the management of a procurement covered by this 
Chapter be comprised of Dominican nationals.  
2. Where a procuring entity seeks, takes account of, or imposes an offset under paragraph 1, the 
entity:  
 
(a) shall clearly describe the offset in the notice of intended procurement or notice  
inviting suppliers to participate in th e procurement and in relevant tender 
documentation;   
(b) shall conduct the procurement in accordance w ith the procedures in this Chapter;   
(c) shall apply the offset in a non-discriminatory manner that does not provide U.S. 
suppliers with treatment that is less favorable  than the treatment given to suppliers of 
any other foreign country; and  
(d) may not require suppliers to purchase goods or services on non-competitive terms or 
of substandard quality, or to take any acti on that is not justified from a commercial 
standpoint.  
3. The limitations permitted under paragraph 1 sh all be reduced over a period of 15 years as 
follows:   
 
(a) 40 percent for any procurement initiated after the beginning of the sixth year after the 
date of entry into force of this Agreement and until the end of the tenth year after the 
date of entry into force of this Agreement;    
(b) 30 percent for any procurement initiated after the beginning of the 11th year after the 
date of entry into force of this Agreement and until the end of 12th year after the date 
of entry into force of this Agreement; and   
 (c)  20 percent for any procurement initiated after the beginning of 13th year after the 
entry into force of this Agreement.    WT/REG211/1 
 Page 147 
 
 
4. During the 13th year after the date of entr y into force of this Agreement, the Dominican 
Republic and the United States shall enter into consulta tions with regard to the treatment of the offsets 
described in paragraph 1, following the end of the 15-year period referred to in paragraph 3, with a 
view to the elimination of the offsets.  The consultations shall take  into consideration, inter alia , the 
general and economic developments in the Dominican Republic, its implementation of this Chapter, 
and the need to maintain the offsets.   If, by the end of the 15th year af ter the date of entry into force of 
this Agreement, the Dominican Republic and the Un ited States are unable to reach agreement on the 
treatment of the offsets from the end of the 15th year, the United States may reduce the access that it 
accords to the Dominican Republic, as set out in the Schedules of the United States to this Annex.  
 
5. At the end of each period specified in pa ragraph 3, the Dominican Republic shall provide 
written reports to the United States on the implemen tation of the transitional mechanism provided for 
in this Section.  
 
 
ANNEX 9.1.2(b)(ii) 
 
Section A: Entities  
 
 For Costa Rica, El Salvador, Honduras, Guatemala, and Nicaragua:   
(a) this Chapter applies to covered procur ement by central, sub-central, and other 
government entities, subject to Section I (Transition Mechanisms) of Annex 9.1.2(b)(i), and the Genera l Notes to this Annex; and  
(b) notwithstanding subparagraph (a ), and subject to Articles 9.2 and 9.3, each Party’s 
law shall apply to procurement by entities:  
(i) listed in Annex 9.1.2(b)(i) where the estimated value of the procurement is 
less than the applicable threshold provid ed in Sections A, B, or C of that 
Annex; and  
(ii) not listed in Annex 9.1.2(b)(i).  
Section B: Goods 
 
 
 For Costa Rica, El Salvador, Honduras, Guat emala, and Nicaragua, this Chapter applies 
to all goods procured by the entities listed in Sec tion A, subject to the General Notes, and except 
as otherwise provided in Section A.   
Section C: Services 
 
 
 For Costa Rica, El Salvador, Honduras, Guat emala, and Nicaragua, this Chapter applies 
to all services procured by the entities listed in Section A, subject to the existing measures listed 
in each Party’s Schedule to Annex I and the Gene ral Notes, and except as otherwise provided in 
Section A.  
Section D: Construction Services   
 
 For Costa Rica, El Salvador, Honduras, Guatemal a, and Nicaragua, this Chapter applies to all 
construction services procured by the entities listed in  Section A, subject to the existing measures 
listed in each Party’s Schedule to Annex I and the General Notes, and except as otherwise provided in 
Section A.  WT/REG211/1 
Page 148  
 
Section E: General Notes 
 
 Schedule of Costa Rica 
 
 
1. This Chapter does not apply to procurement by  one Costa Rican entity of a good or service 
obtained or acquired from another Costa Rican entity.  
2. This Chapter does not apply to government procurement programs on behalf of small, 
medium, and micro enterprises.  
3. The 40-day time limit set out in Article 9.5.1 shall not apply to the Instituto Costarricense de 
Electricidad  (“ICE”). ICE shall provide suppliers suffi cient time to prepare and submit responsive 
tenders.  Notwithstanding Article 9.15.6(a), ICE shall provide no less than three business days for 
suppliers to prepare and submit written challenges.  
Schedule of El Salvador  
 
 This Chapter does not apply to procurement by one Salvadoran entity of a good or service 
obtained or acquired from another Salvadoran entity.   
Schedule of Guatemala 
 
 
1. This Chapter does not apply to procurement by one Guatemalan entity of a good or service 
obtained or acquired from another Guatemalan entity.  
2. This Chapter does not apply to the exceptions established in Article 44 of the Ley de 
Contrataciones del Estado, Decreto 57- 92 del Congreso de la República .  
3. Guatemala shall be permitted to implement a procurement measure that is intended to 
promote the development of its minority-owned or sm all, medium, and micro enterprises to the same 
extent that any such program is permitted under Guatemala’s Schedule to Section G of 
Annex 9.1.2(b)(i).  
Schedule of Honduras  
 
 This Chapter does not apply to procurement by one Honduran entity of a good or service 
obtained or acquired from another Honduran entity.   
Schedule of Nicaragua 
 
 
1. This Chapter does not apply to procurement by one Nicaraguan entity of a good or service 
obtained or acquired from another Nicaraguan entity.  
2. This Chapter does not apply to the acquisiti on of weapons, ammunitions , warfare materials, 
or any other procurement required for national secur ity, public security, or national defense purposes.  
 
 
ANNEX 9.1.2(b)(iii) 
 
Section A: Entities  
 
 For each Central American Party and the Dominican Republic:   WT/REG211/1 
 Page 149 
 
 
(a) this Chapter applies to covered procurem ents by Central, sub-central and other 
government entities, subject to Sections G (General Notes)1 2 3 and I (Transition 
Mechanisms)  of Annex 9.1.2(b)(i), except those listed in each Party’s Schedule to this Section; and  
(b) notwithstanding subparagraph (a) and accordi ng to Articles 9.2, 9.3, and 9.15, and 
subject to the General Notes of this Annex, each Party shall apply its law to 
procurement by entities:  
(i) listed in Annex 9.1.2(b)(i) where the estimated value of the procurement is 
less than the applicable threshold provid ed in Sections A, B or C of that 
Annex;  
(ii) not listed in Annex 9.1.2(b)(i).  
I. Costa Rica – Dominican Republic  
Schedule of Costa Rica
  
 
1. Non-state owned public entities where more than fifty percent (50%) of the financial 
resources come from the entities’ own resources or  contributions of its union members;  
2. Public entities for which the majority of the cap ital stock belongs to individuals rather than 
the public sector;   
3. Banco Central de Costa Rica  
4. Banco de Costa Rica  
5. Banco Nacional de Costa Rica  
6. Banco Popular y de Desarrollo Comunal  
7. Banco Crédito Agrícola de Cartago  
8. Banco Hipotecario de la Vivienda  
9. Those entities excluded by domestic law from th e application of the procurement procedures 
contained in Costa Rica’s Ley de Contratación Adminitrativa , No. 7494 of May 2, 1995.  
 Schedule of the Dominican Republic 
 
 
1. Public entities for which the majority of its capita l stock belongs to individuals rather than the 
public sector;  
2. Banco Central de la República Dominicana  
3. Banco Agrícola  
4. Corporación de Fomento Industrial  
5. Banco Nacional de Fomento a la Vivienda y la Producción  
  
II. El Salvador – Dominican Republic  
El Salvador and the Dominican Republic shall not exclude any institution from the scope of 
application of this Chapter.  
 
                                                     
 
1 General Note No. 1 of the Dominican Republic’s Schedule is of reciprocal application with 
El Salvador. 
2 General Note No. 2 of the Dominican Republic’s Schedule does not apply to each Central American 
Party. 
 3 General Notes No. 3 and 6 of the Dominican Republic’s Schedule do not apply to Guatemala, except 
in relation tothe border with Haiti.  WT/REG211/1 
Page 150  
 
III. Guatemala – Dominican Republic  
Schedule of Guatemala 
 
 
1. Ministerio de la Defensa Nacional  
2. Tribunal Supremo Electoral  
3. Banco de Guatemala 
  
Schedule of the Dominican Republic  
 
1. Secretaría de Estado de las Fuerzas Armadas  
2. Junta Central Electoral  
3. Banco Central de la República Dominicana  
 
 
IV. Honduras – Dominican Republic  
Schedule of Honduras  
 
1. Banco Central de Honduras  
2. Public enterprises where capital st ock is shared with individuals  
3. Secretaría de Estado en el Despacho de Defe nsa Nacional and Secretaría de Estado en el 
Despacho de Seguridad  
4. Tribunal Nacional de Elecciones  
5. Entities excluded by domestic law from th e application of government procurement 
procedures.  
 Schedule of the Dominican Republic 
 
 
1. Banco Central de la República Dominicana  
2. Public enterprises where capital st ock is shared with individuals  
3. Secretaría de Estado de las Fuerzas Armadas  and the Policía Nacional  
4. Junta Central Electoral  
5. Entities excluded by domestic law from th e application of government procurement 
procedures.  
  
V. Nicaragua – Dominican Republic  
Schedule of Nicaragua
 
 
1. Ministerio de Defensa (Army)  
2. Public Financial Sector   Schedule of the Dominican Republic 
 
 
1. Secretaría de Estado de las Fuerzas Armadas , with respect to any matter exclusively 
 dedicated to safeguard national security;  2. Banco de Reservas  
3. Banco Agrícola  
4. Corporación de Fomento Industria  
5. Banco Nacional de Fomento a la Vivienda y la Producción