HOME > Reference Room[Other Reference Information] > Information on foreign industrial property systems > Table of Contents >

PART ONE GENERAL PART

Chapter One Objectives

Article 101 Establishment of the Free Trade Area

The Parties to this Agreement, consistent with Article XXIV of the General Agreement on Tariffs and Trade, hereby establish a free trade area.

Article 102 Objectives

1. The objectives of this Agreement, as elaborated more specifically through its principles and rules, including national treatment, most-favored-nation treatment and transparency, are to:

(a) eliminate barriers to trade in, and facilitate the cross-border movement of, goods and services between the territories of the Parties;
(b) promote conditions of fair competition in the free trade area;
(c) increase substantially investment opportunities in the territories of the Parties;
(d) provide adequate and effective protection and enforcement of intellectual property rights in each Party's territory;
(e) create effective procedures for the implementation and application of this Agreement, for its joint administration and for the resolution of disputes; and
(f) establish a framework for further trilateral, regional and multilateral cooperation to expand and enhance the benefits of this Agreement.

2. The Parties shall interpret and apply the provisions of this Agreement in the light of its objectives set out in paragraph 1 and in accordance with applicable rules of international law.

Article 103 Relation to Other Agreements

1.The Parties affirm their existing rights and obligations with respect to each other under the General Agreement on Tariffs and Trade and other agreements to which such Parties are party.

2. In the event of any inconsistency between this Agreement and such other agreements, this Agreement shall prevail to the extent of the inconsistency, except as otherwise provided in this Agreement.

[...]

Article 105 Extent of Obligations

The Parties shall ensure that all necessary measures are taken in order to give effect to the provisions of this Agreement, including their observance, except as otherwise provided in this Agreement, by state and provincial governments.

[...]

Chapter Two General Definitions

Article 201 Definitions of General Application

1. For purposes of this Agreement, unless otherwise specified:

"Commission" means the Free Trade Commission established under Article 2001(1) (The Free Trade Commission);

"Customs Valuation Code" means the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade, including its interpretative notes;

"days" means calendar days, including weekends and holidays;

"enterprise" means any entity constituted or organized under applicable law, whether or not for profit, and whether privately-owned or governmentally-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;

[...]

"measure" includes any law, regulation, procedure, requirement or practice;

"national" means a natural person who is a citizen or permanent resident of a Party and any other natural person referred to in Annex 201.1;

"originating" means qualifying under the rules of origin set out in Chapter Four (Rules of Origin) [not reprinted here];

"person" means a natural person or an enterprise;

"person of a Party" means a national, or an enterprise of a Party;

"Secretariat" means the Secretariat established under Article 2002(1) (The Secretariat);

"state enterprise" means an enterprise that is owned, or controlled through ownership interests, by a Party; and

"territory" means for a Party the territory of that Party as set out in Annex 201.1.

2. For purposes of this Agreement, unless otherwise specified, a reference to a state or province includes local governments of that state or province.

Annex 201.1 Country-Specific Definitions

For purposes of this Agreement, unless otherwise specified:

"national" also includes:

(a) with respect to Mexico, a national or a citizen according to Articles 30 and 34, respectively, of the Mexican Constitution; and
(b) with respect to the United States, "national of the United States" as defined in the existing provisions of the Immigration and Nationality Act;

"territory" means:

(a) with respect to Canada, the territory to which its customs laws apply, including any areas beyond the territorial seas of Canada within which, in accordance with international law and its domestic law, Canada may exercise rights with respect to the seabed and subsoil and their natural resources;
(b) with respect to Mexico,
(i) the states of the Federation and the Federal District,
(ii) the islands, including the reefs and keys, in adjacent seas,
(iii) the islands of Guadalupe and Revillagigedo situated in the Pacific Ocean,
(iv) the continental shelf and the submarine shelf of such islands, keys and reefs,
(v) the waters of the territorial seas, in accordance with international law, and its interior maritime waters,
(vi) the space located above the national territory, in accordance with international law, and
(vii) any areas beyond the territorial seas of Mexico within which, in accordance with international law, including the United Nations Convention on the Law of the Sea, and its domestic law, Mexico may exercise rights with respect to the seabed and subsoil and their natural resources; and
(c) with respect to the United States,
(i) the customs territory of the United States, which includes the 50 states, the District of Columbia and Puerto Rico,
(ii) the foreign trade zones located in the United States and Puerto Rico, and
(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 the seabed and subsoil and their natural resources.

[Prev] [Next]
To Top
HOME > Reference Room[Other Reference Information] > Information on foreign industrial property systems > Table of Contents >