Common use of Import and Export Restrictions Clause in Contracts

Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither Party may adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of GATT 1994 and its interpretative notes, and to this end Article XI of GATT 1994 and its interpretive notes are incorporated into and made a part of this Agreement, mutatis mutandis.1 2. The Parties understand that 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 duty orders and undertakings; (b) measures conditioning the grant of an import license on the fulfillment of a performance requirement; or (c) voluntary export restraints inconsistent with Article VI of GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994. 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, no provision of this Agreement shall be construed to prevent the Party from: (a) limiting or prohibiting the importation of the good of the non-Party from the territory of the other Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (b) requiring as a condition for exporting the good of the Party to the territory of the other 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 either Party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, and distribution arrangements in the other Party. 5. Paragraphs 1 through 4 shall not apply to the measures set out in Annex 2-A.

Appears in 8 contracts

Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

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Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither Party may adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of GATT 1994 and GATT, including its interpretative notes, and to this end end, Article XI of GATT 1994 and its interpretive notes interpretative notes, or any equivalent provision of a successor agreement to which both Parties are party, are incorporated into and made a part of this Agreement, mutatis mutandis.1. 2. The Parties understand that GATT 1994 the rights and obligations under GATT, 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 requirementsrequirements and, except as permitted in enforcement of countervailing and antidumping duty orders and undertakings; (b) measures conditioning the grant of an , import license on the fulfillment of a performance requirement; or (c) voluntary export restraints inconsistent with Article VI of GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994price requirements. 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, no provision of nothing in this Agreement shall be construed to prevent the Party from: (a) limiting or prohibiting the importation of the good of the non-Party from the territory of the other Party of such a good of that non-Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (b) requiring as a condition for exporting the of export of such a good of the Party to the territory of the other 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 upon request of either the other Party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, marketing and distribution arrangements in the other Party. 5. Paragraphs 1 through 4 shall not apply to the measures set out in Annex 2-A.3.9.

Appears in 6 contracts

Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

Import and Export Restrictions. 1. The Parties undertake to completely and immediately eliminate non-tariff barriers, with the exception of the rights of the Parties under Articles XX and XXI of the GATT 1994 and those regulated in Chapter 8 (Sanitary and Phytosanitary Measures) and Chapter 9 (Standards-Related Measures, Metrology and Approval Procedures). 2. Except as otherwise provided in this Agreement, neither no Party may adopt or maintain any prohibition or restriction on the importation of any good of the other another Party or on the exportation or sale for export of any good destined for the territory of the other another Party, except in accordance with Article XI of the GATT 1994, including its interpretative notes. To this end, Article XI of the GATT 1994 and its interpretative notes, and to this end Article XI of GATT 1994 and its interpretive notes are incorporated into and made a part of this Agreement, mutatis mutandis.1. 23. The Parties understand that the GATT 1994 rights and obligations incorporated by paragraph 1 2 prohibit, in any circumstances in which any other form of restriction is prohibited, a Party from adopting or maintaining: (a) export and import price requirementsrequirements and, except as permitted in enforcement of countervailing and antidumping duty orders and undertakings; (b) measures conditioning the grant of an , import license on the fulfillment of a performance requirement; or (c) voluntary export restraints inconsistent with Article VI of GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994price requirements. 34. 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, no provision of nothing in this Agreement shall be construed to prevent the Party from: (a) limiting Limiting or prohibiting the importation of the good of the non-Party from the territory of the other Partyanother Party of such good; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (b) requiring as a condition for exporting the of export of such good of the Party to the territory of the other 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. 45. 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 either another Party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, marketing and distribution arrangements in the that other Party. 56. Paragraphs 1 through 4 shall not apply to the measures set out in Annex 2-A.3.10(6).

Appears in 5 contracts

Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither Party may adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of GATT 1994 and 1994, including its interpretative notes, and to this end Article XI of GATT 1994 and 1994, including its interpretive notes are interpretative notes, is incorporated into and made a part of this Agreement, mutatis mutandis.1. 2. The Parties understand that GATT 1994 the rights and obligations incorporated by paragraph 1 prohibit, in any circumstances in which any other form of restriction is prohibited, import licensing conditioned on the fulfilment of a Party from adopting or maintaining: (a) performance requirement, export and import price requirements, and, except as permitted in enforcement of countervailing and antidumping duty orders and undertakings; (b) measures conditioning the grant of an , import license on the fulfillment of a performance requirement; or (c) voluntary export restraints inconsistent with Article VI of GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994price requirements. 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, no provision of nothing in this Agreement shall be construed to prevent as preventing the Party from: (a) limiting or prohibiting the importation of the good of the non-Party from the territory of the other Party of such good of that non-Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (b) requiring as a condition for exporting the of export of such good of the Party to the territory of the other 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 either Party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, and distribution arrangements in the other Party. 5. Paragraphs 1 through 4 3 shall not apply to the measures set out in Annex 2-A. 5. Nothing in this Article shall be construed as affecting a Party’s rights and obligations under the Agreement on Textiles and Clothing.

Appears in 4 contracts

Samples: Free Trade Agreement, Trade Agreement, Trade Agreement

Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither Party may adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of GATT 1994 and its interpretative notes, and to this end Article XI of GATT 1994 and its interpretive interpretative notes are incorporated into and made a part of this Agreement, mutatis mutandis.1 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 duty orders and undertakings; 1 For greater certainty, paragraph 1 applies, inter alia, to prohibitions or restrictions on the importation of remanufactured goods. (b) measures conditioning the grant of an import license licensing conditioned on the fulfillment of a performance requirement; or (c) voluntary export restraints inconsistent with Article VI of GATT 1994, as implemented under Article 18 of the WTO SCM Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994AD Agreement. 3. Paragraphs 1 and 2 shall not apply to the measures set out in Annex 2-A. 4. 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, no provision of this Agreement shall be construed to prevent the Party from: (a) limiting or prohibiting the importation of the good of the non-Party from the territory of the other Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (b) requiring as a condition for exporting the good of the Party to the territory of the other 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. 45. 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 either Party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, and or distribution arrangements in the territory of the other Party. 56. Paragraphs 1 through 4 shall Neither Party may, as a condition for engaging in importation or for the importation of a good, require a person of the other Party to establish or maintain a contractual or other relationship with a distributor in its territory. 7. For greater certainty, paragraph 6 does not apply prevent a Party from requiring a person referred to in that paragraph to designate an agent for the measures set out purpose of facilitating communications between its regulatory authorities and that person. 8. For purposes of paragraph 6, distributor means a person of a Party who is responsible for the commercial distribution, agency, concession, or representation in Annex 2-A.the territory of that Party of goods of the other Party.

Appears in 4 contracts

Samples: Free Trade Agreement, Trade Agreement, National Treatment and Market Access for Goods Agreement

Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither Party may shall adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other 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 interpretive interpretative notes are incorporated into and made a part of this Agreement, mutatis mutandis.1mutandis. 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 anti-dumping duty orders and undertakings; (b) measures conditioning the grant of an import license licensing conditioned on the fulfillment fulfilment of a performance requirement; or (c) voluntary export restraints inconsistent with Article VI of the GATT 1994, as implemented under Article 18 of the WTO SCM Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994AD Agreement. 3. For greater certainty, paragraph 1 shall apply to the importation of commercial cryptographic goods. 4. For the purposes of paragraph 3, "commercial cryptographic goods" means any good implementing or incorporating cryptography, if the good is not designed or modified specifically for government use and is sold or otherwise made available to the public. 5. In the event that a Party adopts or maintains a prohibition or restriction on the importation from or exportation to a non-non- Party of a good, no provision of this Agreement shall be construed to prevent the that Party from: (a) limiting or prohibiting the importation of the good of the non-Party from the territory of the other Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (b) requiring requiring, as a condition for exporting the good of the that Party to the territory of the other Party, that the good not be re-re- exported to the non-non- Party, directly or indirectly, without being consumed in the territory of the other Party. 46. In the event that a Party adopts or maintains a prohibition or restriction on the importation of a good from a non-Party, the Partiesit shall, on the request of either the other Party, shall consult with the other Party a view to avoiding undue interference with or distortion of pricing, marketing, and or distribution arrangements in the that other Party. 57. Paragraphs 1 through 4 shall Neither Party shall, as a condition for engaging in importation or for the importation of a good, require a person of the other Party to establish or maintain a contractual or other relationship with a distributor in its territory. 8. For greater certainty, paragraph 7 does not apply prevent a Party from requiring a person referred to in that paragraph to designate a point of contact for the measures set out in Annex 2-A.purpose of facilitating communications between its regulatory authorities and that person.

Appears in 3 contracts

Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither Party may adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of GATT 1994 and its interpretative interpretive notes, and to this end Article XI of GATT 1994 and its interpretive notes are incorporated into and made a part of this Agreement, mutatis mutandis.1mutandis.2 2. The Parties understand that 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 duty orders and undertakings; (b) measures conditioning the grant of an import license on the fulfillment of a performance requirement; or (c) voluntary export restraints inconsistent with Article VI of GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994. 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, no provision of this Agreement shall be construed to prevent the Party from: (a) limiting or prohibiting the importation of the good of the non-Party from the territory of the other Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (b) requiring as a condition for exporting the good of the Party to the territory of the other 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 either Party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, and distribution arrangements in the other Party. 5. Paragraphs 1 through 4 shall not apply to the measures set out in Annex 2-A.

Appears in 3 contracts

Samples: Free Trade Agreement, Trade Agreement, Trade Agreement

Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither a Party may shall not adopt or maintain any a prohibition or restriction on the importation of any a good of the other Party Party, or on the exportation or sale for export of any a good destined for the territory of the other Party, except in accordance with Article XI of the GATT 1994 and and, for greater certainty, its interpretative notes, and to this end Article XI of the GATT 1994 and and, for greater certainty, its interpretive notes interpretative notes, or an equivalent provision of a successor agreement to which both Parties are party, are incorporated into and made a part of this Agreement, mutatis mutandis.1. 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 requirementsrequirements and, except as permitted in enforcement of countervailing and antidumping duty orders and undertakings; (b) measures conditioning the grant of an , import license on the fulfillment of a performance requirement; or (c) voluntary export restraints inconsistent with Article VI of GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994price requirements. 3. In the event that If a Party adopts or maintains a prohibition or restriction on the importation from from, or exportation to to, a non-Party party of a good, no provision of this Agreement shall is not to be construed to prevent the Party from: (a) limiting or prohibiting the importation of the good of the non-Party from the territory of the other PartyParty of a good of that non-party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (b) requiring as a condition for exporting the of export of a good of the Party to the territory of the other Party, that the good not be re-exported to the non-Partyparty, directly or indirectly, without being consumed in the territory of the other Party. 4. In the event that If a Party adopts or maintains a prohibition or restriction on the importation of a good from a non-party, on request of the other Party, the Parties, on the request of either Party, Parties shall consult with a view to avoiding undue interference with with, or distortion of of, pricing, marketing, and distribution arrangements in the other Party. 5. Paragraphs 1 through 4 shall do not apply to the measures set out in Annex 2-A.

Appears in 3 contracts

Samples: Free Trade Agreement, National Treatment and Market Access for Goods Agreement, National Treatment and Market Access for Goods

Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither Party may adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of the GATT 1994 and 1994, including its interpretative notes, and to this end Article XI of the GATT 1994 and its interpretive notes interpretative notes, or any equivalent provision of a successor agreement to which both Parties are party, are incorporated into and made a part of this Agreement, mutatis mutandis.1. 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 requirementsrequirements and, except as permitted in enforcement of countervailing and antidumping duty orders and undertakings; (b) measures conditioning the grant of an , import license on the fulfillment of a performance requirement; or (c) voluntary export restraints inconsistent with Article VI of GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994price requirements. 3. In the event that a Party adopts or maintains a prohibition or restriction on the importation from or exportation to a non-non- Party of a good, no provision of nothing in this Agreement shall be construed to prevent the Party from: (a) limiting or prohibiting the importation of the good of the non-Party from the territory of the other Party of such good of that non-Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (b) requiring as a condition for exporting the of export of such good of the Party to the territory of the other Party, that the good not be re-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 either the other Party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, marketing and distribution arrangements in the other Party. 5. Paragraphs 1 through 4 shall not apply to the measures set out in Annex 2-A.II.2 (Exceptions to Articles III.2 and III.7).

Appears in 3 contracts

Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither Party may adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of the GATT 1994 and 1994, including its interpretative notes, and to this end Article XI of the GATT 1994 and its interpretive notes interpretative notes, or any equivalent provision of a successor agreement to which both Parties are party, are incorporated into and made a part of this Agreement, mutatis mutandis.1. 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 requirementsrequirements and, except as permitted in enforcement of countervailing and antidumping duty orders and undertakings; (b) measures conditioning the grant of an , import license on the fulfillment of a performance requirement; or (c) voluntary export restraints inconsistent with Article VI of GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994price requirements. 3. In the event that a Party adopts or maintains a prohibition or restriction on the importation from or exportation to a non-non- Party of a good, no provision of nothing in this Agreement shall be construed to prevent the Party from: (a) limiting or prohibiting the importation of the good of the non-Party from the territory of the other Party of such good of that non-Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (b) requiring as a condition for exporting the of export of such good of the Party to the territory of the other Party, that the good not be re-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 either the other Party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, marketing and distribution arrangements in the other Party. 5. Paragraphs 1 through 4 shall not apply to the measures set out in Annex 2-A.C-01.3 and Annex C-08.

Appears in 3 contracts

Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

Import and Export Restrictions. 1. The Parties agree to eliminate non-tariff barriers immediately, with exception of the Parties’ rights in accordance with Article XX and XXI of GATT 1994, and those regulated in Chapter 8 (Sanitary and Phytosanitary Measures) and Chapter 9 (Standard, Metrology-related Measures and Authorization Procedures) 2. Except as otherwise provided in this Agreement, neither Party may adopt or maintain any prohibition or restriction on the importation of any good goods of the other Party or on the exportation or sale for export of any good goods destined for the territory of the other Party, except in accordance with Article XI of GATT 1994 and 1994, including its interpretative notes, and to this end Article XI of GATT 1994 and its interpretive notes interpretative notes, are incorporated into and made a form part of this Agreement, mutatis mutandis.1. 23. The Parties understand that GATT 1994 rights and obligations incorporated by paragraph 1 prohibit, in In any circumstances in which any other form of restriction is prohibited, a Party from adopting or maintaining: (a) the Parties understand that the GATT 1994 rights and obligations incorporated by paragraph 2 prohibit export and import price requirementsrequirements and, except as permitted in enforcement of countervailing and antidumping duty orders and undertakings; (b) measures conditioning the grant of an , import license on the fulfillment of a performance requirement; or (c) voluntary export restraints inconsistent with Article VI of GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994. 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, no provision of this Agreement shall be construed to prevent the Party from: (a) limiting or prohibiting the importation of the good of the non-Party from the territory of the other Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (b) requiring as a condition for exporting the good of the Party to the territory of the other Party, that the good not be re-exported to the non-Party, directly or indirectly, without being consumed in the territory of the other Partyprice requirements. 4. In the event that a Party adopts or maintains a prohibition or restriction on the importation or exportation of goods from or to a good non-Party, nothing in this Agreement shall: (a) be construed to prevent the Party from limiting or prohibiting the importation of goods of that non-Party from the territory of the other Party; or (b) allow the Party requiring as a condition of export of such goods of the Party to the territory of the other Party, that the goods not be re-exported to a non-Party country, directly or indirectly, without being consumed in the territory of the other Party. 5. In the event that a Party adopts or maintains a prohibition or restriction on the importation of goods from a non-Party, the Parties, on the request of either any Party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, marketing and distribution arrangements in the other Party. 56. Paragraphs 1 through 4 shall not apply to the measures set out in Annex 2-A.3.11(6).

Appears in 2 contracts

Samples: Free Trade Agreement, Free Trade Agreement

Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither no Party may adopt or maintain any prohibition or restriction on the importation of any good of the other another Party or on the exportation or sale for export of any good destined for the territory of the other another Party, except in accordance with Article XI of GATT 1994 and its interpretative notes, and to this end Article XI of the GATT 1994 and its interpretive interpretative notes are incorporated into and made a part of this Agreement, mutatis mutandis.1mutandis. For greater certainty, this paragraph applies to prohibitions or restrictions on the importation of remanufactured goods. 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 duty duties orders and undertakings; (b) measures conditioning the grant of an import license licensing conditioned on the fulfillment of a performance requirement; orrequirement except as provided in Annex 3.3; (c) voluntary export restraints inconsistent not consistent with Article VI of the GATT 1994, as implemented under Article 18 of the WTO SCM Agreement on Subsidies and Countervailing Measures and Article 8.1 of the AD Agreement; or (d) import licensing procedures not consistent with the WTO Agreement on Implementation of Article VI of GATT 1994Import Licensing Procedures. 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, no provision of other Party shall construe this Agreement shall be construed to prevent the Party adopting or maintaining the prohibition or restriction from: (a) limiting or prohibiting the importation of the good of the non-Party from the territory of the other another Party of such good of that non-Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (b) requiring as a condition for exporting the of export of such good of the Party to the territory of the other 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 another 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 either any Party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, and or distribution arrangements in the other another Party. 5. Paragraphs 1 through 4 shall not apply to the measures set out in Annex 2-A.3.2. 6. Upon entry into force of this Agreement, each Party shall notify to all other Parties its import licensing procedures, and thereafter shall notify to all other Parties all new import licensing procedures and changes to import licensing procedures within 60 days of their effective date. 7. Notifications of import licensing procedures pursuant to paragraph 6 shall include the information specified in Article 5 of the Import Licensing Procedures Agreement. 8. A Party’s notification of import licensing procedures and changes to import licensing procedures referred to in paragraph 6. is without prejudice to their consistency with the Party’s rights and obligations under this Agreement. 9. No Party shall apply import licensing procedures, or changes to import licensing procedures, not notified in accordance with paragraph 6 to goods of another Party until such time as the Party notifies the import licensing procedures in accordance with paragraph 7. 10. Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua shall not, 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 relationship with a dealer in the importing Party. 11. Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua shall not, as a remedy for a violation or alleged violation of any law, regulation or other measure regulating or otherwise relating to the relationship between any dealer and any person of another Party, restrict or prohibit imports from another Party. 12. For purposes of paragraphs 10 and 11:

Appears in 2 contracts

Samples: Trade Agreement, Trade Agreement

Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither Party may adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of GATT 1994 and 1994, including its interpretative notes, and to . To this end Article XI of GATT 1994 and its interpretive notes interpretative notes, or any equivalent provisions of a successor agreements to which both Parties are party, are incorporated into and made a part of this Agreement, mutatis mutandis.1. 2. The Parties understand reaffirm 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 requirementsrequirements and, except as permitted in enforcement of countervailing and antidumping duty orders and undertakings; (b) measures conditioning the grant of an , import license on the fulfillment of a performance requirement; or (c) voluntary export restraints inconsistent with Article VI of GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994price requirements. 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, no provision of nothing in this Agreement shall be construed to prevent the Party from: (a) limiting or prohibiting the importation of the good of the non-Party from the territory of the other Party of such good of that non-Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (b) requiring as a condition for exporting the of export of such good of the Party to the territory of the other 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 PartiesParties shall consult, on the request of either the other Party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, marketing and distribution arrangements in the other Party. 5. Paragraphs 1 through 4 shall not apply to the measures set out in Annex 2-A.4.1.

Appears in 2 contracts

Samples: Free Trade Agreement, Free Trade Agreement

Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither no Party may adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of GATT 1994 and 1994, including its interpretative notes. To this end, and to this end Article XI of GATT 1994 and its interpretive notes interpretative notes, or any equivalent provision of a successor agreement to which the Parties are party, are incorporated into and made a part of this Agreement, mutatis mutandis.1. 2. The Parties understand that GATT 1994 the 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 requirementsrequirements and, except as permitted in enforcement of countervailing and antidumping duty orders and undertakings; (b) measures conditioning the grant of an , import license on the fulfillment of a performance requirement; or (c) voluntary export restraints inconsistent with Article VI of GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994price requirements. 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, no provision of nothing in this Agreement shall be construed to prevent the Party from: (a) limiting or prohibiting the importation of the good of the non-Party from the territory of the other Party of such good of that non-Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (b) requiring as a condition for exporting the of export of such good of the Party to the territory of the other 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 either Party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, marketing and distribution arrangements in the other a Party. 5. Paragraphs 1 through 4 shall not apply to the measures set out in Annex 2-A.02 (Exceptions to Article 2-02 and 2-04).

Appears in 2 contracts

Samples: Free Trade Agreement, Free Trade Agreement

Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither no Party may adopt or maintain any prohibition or restriction on the importation of any good of the other another Party or on the exportation or sale for export of any good destined for the territory of the other another Party, except as provided in accordance with Article XI of the GATT, including its interpretative notes. For this purpose, Article XI of the GATT 1994 and its interpretative notes, and to this end Article XI of GATT 1994 and its interpretive notes are incorporated into and made a an integral part of this Agreement, mutatis mutandis.1. 2. The Parties understand that the GATT 1994 rights and obligations incorporated by embodied in paragraph 1 prohibit, in any all circumstances in which any other form type of restriction is prohibited, a Party from adopting or maintaining: (a) the establishment of minimum export and import price requirementsprices, except as permitted in enforcement for the application of anti-dumping and countervailing duties or countervailing duty undertakings and antidumping duty orders and undertakings; (b) measures conditioning the grant of an import license on the fulfillment of a performance requirement; or (c) voluntary export restraints inconsistent with Article VI of GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994penalties. 3. In the event that cases where a Party adopts or maintains a prohibition or restriction on the importation of goods from a non-Party or on the exportation of goods to a non-Party of a goodParty, no provision of nothing in this Agreement shall be construed to prevent the Party fromit: (a) limiting limit or prohibiting prohibit the importation of the good goods of the non-Party from the territory of the other another Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (b) requiring require as a condition for exporting the good exportation of the Party goods to the territory of the other Party, another Party that the good goods are not be re-re- exported directly or indirectly to the non-Party, directly or indirectly, Party without being consumed processed or manufactured in the territory of the other PartyParty in a manner that results in a substantial change in the value, form or use of the goods or in the production of another good. 4. In the Inthe event that a Party adopts or maintains a prohibition or restriction on the importation of a good from a non-Party, the Parties, on at the request of either Party, the Parties shall consult with a view to avoiding minimizing undue interference with or distortion of pricing, marketing, marketing and distribution arrangements mechanisms in the other another Party. 5. Paragraphs 1 through to 4 shall not apply to the measures set out forth in Annex 2-A.the annex to this article.

Appears in 2 contracts

Samples: Free Trade Agreement, Free Trade Agreement

Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither Party may adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI 2-6 of GATT 1994 and its interpretative interpretive notes, and to this end Article XI of GATT 1994 and its interpretive notes are incorporated into and made a part of this Agreement, mutatis mutandis.1 2. The Parties understand that 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 duty orders and undertakings; (b) measures conditioning the grant of an import license on the fulfillment of a performance requirement; or (c) voluntary export restraints inconsistent with Article VI of GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994. 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, no provision of this Agreement shall be construed to prevent the Party from: (a) limiting or prohibiting the importation of the good of the non-Party from the territory of the other Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products.; (b) requiring as a condition for exporting the good of the Party to the territory of the other 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 either Party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, and distribution arrangements in the other Party. 5. Paragraphs 1 through 4 shall not apply to the measures set out in Annex 2-A.

Appears in 2 contracts

Samples: Free Trade Agreement, Free Trade Agreement

Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither no Party may adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of GATT 1994 and 1994, including its interpretative notes. To this end, and to this end Article XI of GATT 1994 and its interpretive notes interpretative notes, or any equivalent provision of a successor agreement to which the Parties are party, are incorporated into and made a part of this Agreement, mutatis mutandis.1. 2. The Parties understand that GATT 1994 the 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 requirementsrequirements and, except as permitted in enforcement of countervailing and antidumping duty orders and undertakings; (b) measures conditioning the grant of an , import license on the fulfillment of a performance requirement; or (c) voluntary export restraints inconsistent with Article VI of GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994price requirements. 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, no provision of nothing in this Agreement shall be construed to prevent the Party from: (ai) limiting or prohibiting the importation of the good of the non-Party from the territory of the other Party of such good of that non-Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (bii) requiring as a condition for exporting the of export of such good of the Party to the territory of the other 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 either Party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, marketing and distribution arrangements in the other a Party. 5. Paragraphs 1 through 4 shall not apply to the measures set out in Annex 2-A.02 (Exceptions to Article 2-02 and 2-04).

Appears in 1 contract

Samples: Trade Agreement

Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither no Party may adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of GATT 1994 and 1994, including its interpretative notes. To this end, and to this end Article XI of GATT 1994 and its interpretive notes interpretative notes, or any equivalent provision of a successor agreement to which the Parties are party, are incorporated into and made a part of this Agreement, mutatis mutandis.1. 2. The Parties understand that GATT 1994 the 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 requirementsrequirements and, except as permitted in enforcement of countervailing and antidumping duty orders and undertakings; (b) measures conditioning the grant of an , import license on the fulfillment of a performance requirement; or (c) voluntary export restraints inconsistent with Article VI of GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994price requirements. 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, no provision of nothing in this Agreement shall be construed to prevent the Party from: (a) limiting or prohibiting the importation of the good of the non-Party from the territory of the other Party of such good of that non-Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (b) requiring as a condition for exporting the of export of such good of the Party to the territory of the other Party, that the good not be re-exported to the non-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 either Party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, marketing and distribution arrangements in the other a Party. 5. Paragraphs 1 through 4 shall not apply to the measures set out in Annex 2 - 02 (Exceptions to Article 2-A.02 and 2-04).

Appears in 1 contract

Samples: Free Trade Agreement

Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither Party may adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of GATT 1994 and its interpretative notes, and to this end Article XI of GATT 1994 and its interpretive notes are incorporated into and made a part of this Agreement, mutatis mutandis.1 2. The Parties understand that GATT 1994 rights and obligations incorporated by paragraph 1 prohibit, in any circumstances in which any other form of restriction is prohibitedprohibited1, a Party from adopting or maintaining: (a) export and import price requirements, except as permitted in enforcement of countervailing and antidumping duty orders and undertakings; (b) measures conditioning the grant of an import license on the fulfillment of a performance requirement; or (c) voluntary export restraints inconsistent with Article VI of GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994. 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, no provision of this Agreement shall be construed to prevent the Party from: (a) limiting or prohibiting the importation of the good of the non-Party from the territory of the other Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (b) requiring as a condition for exporting the good of the Party to the territory of the other 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 either Party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, and distribution arrangements in the other Party. 5. Paragraphs 1 through 4 shall not apply to the measures set out in Annex 2-A.

Appears in 1 contract

Samples: Free Trade Agreement

Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither Party may adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of GATT 1994 and its interpretative interpretive notes, and to this end Article XI of GATT 1994 and its interpretive notes are incorporated into and made a part of this Agreement, mutatis mutandis.1 2. The Parties understand that 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 duty orders and undertakings; (b) measures conditioning the grant of an import license on the fulfillment fulfilment of a performance requirement; or (c) voluntary export restraints inconsistent with Article VI of GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994. 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, no provision of this Agreement shall be construed to prevent the Party from: 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (a) limiting or prohibiting the importation of the good of the non-Party from the territory of the other Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products.; (b) requiring as a condition for exporting the good of the Party to the territory of the other 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 either Party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, and distribution arrangements in the other Party. 5. Paragraphs 1 through 4 shall not apply to the measures set out in Annex 2-A.

Appears in 1 contract

Samples: Free Trade Agreement

Import and Export Restrictions. 1. The Parties undertake to completely and immediately eliminate non-tariff barriers, with the exception of the rights of the Parties under Articles XX and XXI of the GATT 1994 and those regulated in Chapter 8 (Sanitary and Phytosanitary Measures) and Chapter 9 (Standards-Related Measures, Metrology and Approval Procedures). 2. Except as otherwise provided in this Agreement, neither no Party may adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of the GATT 1994, including its interpretative notes. To this end, Article XI of the GATT 1994 and its interpretative notes, and to this end Article XI of GATT 1994 and its interpretive notes are incorporated into and made a part of this Agreement, mutatis mutandis.1. 23. The Parties understand that the GATT 1994 rights and obligations incorporated by paragraph 1 2 prohibit, in any circumstances in which any other form of restriction is prohibited, a Party from adopting or maintaining: (a) export and import price requirementsrequirements and, except as permitted in enforcement of countervailing and antidumping duty orders and undertakings; (b) measures conditioning the grant of an , import license on the fulfillment of a performance requirement; or (c) voluntary export restraints inconsistent with Article VI of GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994price requirements. 34. 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, no provision of nothing in this Agreement shall be construed to prevent the Party fromshall: (a) be construed as preventing the other Party from limiting or prohibiting the importation of the good of the non-Party from the territory of the other Party of such a good of that non-Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (b) requiring allow the Party to require as a condition for exporting the of export of such good of the Party to the territory of the other 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. 45. 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 at the request of either the other Party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, marketing and distribution arrangements in the that other Party. 56. Paragraphs 1 through 4 shall not apply to the measures set out in Annex 2-A.3.10(6).

Appears in 1 contract

Samples: Free Trade Agreement

Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither no Party may adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except as provided in accordance with Article XI of the GATT, including its interpretative notes. For this purpose, Article XI of the GATT 1994 and its interpretative notes, and to this end Article XI of GATT 1994 and its interpretive notes are incorporated into and made a an integral part of this Agreement, mutatis mutandis.1. 2. The Parties understand that the GATT 1994 rights and obligations incorporated by embodied in paragraph 1 prohibit, in any all circumstances in which any other form type of restriction is prohibited, a Party from adopting or maintaining: (a) the establishment of minimum export and import price requirementsprices, except as permitted in enforcement for the application of sanctions and countervailing and antidumping duty orders and undertakings; (b) measures conditioning the grant of an import license on the fulfillment of a performance requirement; or (c) voluntary export restraints inconsistent with Article VI of GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994commitments. 3. In the event that Where a Party adopts or maintains a prohibition or restriction on the importation of goods from a non- Party or the exportation of goods to a non-Party of a goodParty, no provision of nothing in this Agreement shall be construed to prevent the Party it from: (a) limiting or prohibiting the importation of the good goods of the non-Party from the territory of the other Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (b) requiring as a condition for exporting the good exportation of such goods from the Party to the territory of the other Party, Party that the good goods not be re-exported to the non-Party, directly or indirectly, without being consumed processed or manufactured in the territory of the other PartyParty in a manner that results in a substantial change in the value, form or use of the goods, or in the production of another good. 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 at the request of either Party, the Parties shall consult with a view to avoiding undue interference preventing the measure from interfering with or distortion of causing undue distortions in the pricing, marketing, marketing and distribution arrangements mechanisms in the other Party. 5. Paragraphs 1 through 4 shall do not apply to the measures set out in the Annex 2to Articles 3-A.02 and 3-08.

Appears in 1 contract

Samples: Economic Complementation Agreement

Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither Party may adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of GATT 1994 and its interpretative interpretive notes, and to this end Article XI of GATT 1994 and its interpretive notes are incorporated into and made a part of this Agreement, mutatis mutandis.1mutandis. 2. The Parties understand that 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 duty orders and undertakings; (b) measures conditioning the grant of an import license on the fulfillment of a performance requirement; or (c) voluntary export restraints inconsistent with Article VI of GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994. 3. In the event that a Party adopts or maintains a prohibition or restriction on the importation from or exportation to a non-non- Party of a good, no provision of this Agreement shall be construed to prevent the Party from: (a) limiting or prohibiting the importation of the good of the non-Party from the territory of the other Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products.; (b) requiring as a condition for exporting the good of the Party to the territory of the other Party, that the good not be re-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 either Party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, and distribution arrangements in the other Party. . 5. Paragraphs 1 through 4 shall not apply to the measures set out in Annex 2-A. (1) For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products.

Appears in 1 contract

Samples: Free Trade Agreement

Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither Party may adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of GATT 1994 and its interpretative notes, and to this end Article XI of GATT 1994 and its interpretive notes are incorporated into and made a part of this Agreement, mutatis mutandis.1mutandis.1 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. 2. The Parties understand that GATT 1994 rights and obligations incorporated by paragraph 1 prohibit, in any circumstances in which any other form of restriction is prohibitedprohibited1, a Party from adopting or maintaining: (a) export and import price requirements, except as permitted in enforcement of countervailing and antidumping duty orders and undertakings; (b) measures conditioning the grant of an import license on the fulfillment of a performance requirement; or (c) voluntary export restraints inconsistent with Article VI of GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994. 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, no provision of this Agreement shall be construed to prevent the Party from: (a) limiting or prohibiting the importation of the good of the non-Party from the territory of the other Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (b) requiring as a condition for exporting the good of the Party to the territory of the other 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 either Party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, and distribution arrangements in the other Party. 5. Paragraphs 1 through 4 shall not apply to the measures set out in Annex 2-A.

Appears in 1 contract

Samples: Free Trade Agreement

Import and Export Restrictions. 1. The Parties agree to eliminate non-tariff barriers immediately, with exception of the Parties’ rights in accordance with Article XX and XXI of GATT 1994, and those regulated in Chapter 8 (Sanitary and Phytosanitary Measures) and Chapter 9 (Standard, Metrology- related Measures and Authorization Procedures) 2. Except as otherwise provided in this Agreement, neither Party may adopt or maintain any prohibition or restriction on the importation of any good goods of the other Party or on the exportation or sale for export of any good goods destined for the territory of the other Party, except in accordance with Article XI of GATT 1994 and 1994, including its interpretative notes, and to this end Article XI of GATT 1994 and its interpretive notes interpretative notes, are incorporated into and made a form part of this Agreement, mutatis mutandis.1. 23. The Parties understand that GATT 1994 rights and obligations incorporated by paragraph 1 prohibit, in In any circumstances in which any other form of restriction is prohibited, a Party from adopting or maintaining: (a) the Parties understand that the GATT 1994 rights and obligations incorporated by paragraph 2 prohibit export and import price requirementsrequirements and, except as permitted in enforcement of countervailing and antidumping duty orders and undertakings; (b) measures conditioning the grant of an , import license on the fulfillment of a performance requirement; or (c) voluntary export restraints inconsistent with Article VI of GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994. 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, no provision of this Agreement shall be construed to prevent the Party from: (a) limiting or prohibiting the importation of the good of the non-Party from the territory of the other Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (b) requiring as a condition for exporting the good of the Party to the territory of the other Party, that the good not be re-exported to the non-Party, directly or indirectly, without being consumed in the territory of the other Partyprice requirements. 4. In the event that a Party adopts or maintains a prohibition or restriction on the importation or exportation of goods from or to a good non-Party, nothing in this Agreement shall: (a) be construed to prevent the Party from limiting or prohibiting the importation of goods of that non-Party from the territory of the other Party; or (b) allow the Party requiring as a condition of export of such goods of the Party to the territory of the other Party, that the goods not be re-exported to a non-Party country, directly or indirectly, without being consumed in the territory of the other Party. 5. In the event that a Party adopts or maintains a prohibition or restriction on the importation of goods from a non-Party, the Parties, on the request of either any Party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, marketing and distribution arrangements in the other Party. 56. Paragraphs 1 through 4 shall not apply to the measures set out in Annex 2-A.3.11(6).

Appears in 1 contract

Samples: Free Trade Agreement

Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither Party may adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of GATT, including its interpretative notes, and t o this end, Article XI of GATT 1994 and its interpretative notes, and or any equivalent provision of a successor agreement to this end Article XI of GATT 1994 and its interpretive notes which both Parties are party, are incorporated into and made a part of this Agreement, mutatis mutandis.1. 2. The Parties understand that GATT 1994 the rights and obligations under GATT, 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 requirementsrequirements and, except as permitted in enforcement of countervailing and antidumping duty orders and undertakings; (b) measures conditioning the grant of an , import license on the fulfillment of a performance requirement; or (c) voluntary export restraints inconsistent with Article VI of GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994price requirements. 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, no provision of nothing in this Agreement shall be construed to prevent the Party from: (a) limiting or prohibiting the importation of the good of the non-Party from the territory of the other Party of such a good of that non-Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (b) requiring as a condition for exporting the of export of such a good of the Party to the territory of the other 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 upon request of either the other Party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, marketing and distribution arrangements in the other Party. 5. Paragraphs 1 through 4 shall not apply to the measures set out in Annex 2-A.3.9.

Appears in 1 contract

Samples: Free Trade Agreement

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Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither Party may adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of the GATT 1994 and 1994, including its interpretative notes, and to this end Article XI of the GATT 1994 and its interpretive notes interpretative notes, or any equivalent provision of a successor agreement to which both Parties are party, are incorporated into and made a part of this Agreement, mutatis mutandis.1. 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 requirementsrequirements and, except as permitted in enforcement of countervailing and antidumping duty orders and undertakings; (b) measures conditioning the grant of an , import license on the fulfillment of a performance requirement; or (c) voluntary export restraints inconsistent with Article VI of GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994price requirements. 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, no provision of nothing in this Agreement shall be construed to prevent the Party from:: 6 This paragraph does not cover goods imported in bond, into foreign trade zones, or in similar status, that are exported for repair and are not re-imported in bond, into foreign trade zones, or in similar status. (a) limiting or prohibiting the importation of the good of the non-Party from the territory of the other Party of such good of that non-Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (b) requiring as a condition for exporting the of export of such good of the Party to the territory of the other 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 either the other Party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, marketing and distribution arrangements in the other Party. 5. Paragraphs 1 through 4 shall not apply to the measures set out in Annex 2-A.III.2 (Exceptions to Articles III.2 and III.7).

Appears in 1 contract

Samples: Free Trade Agreement

Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither Party may adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other 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 interpretive notes are incorporated into and made a part of this Agreement, mutatis mutandis.1 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 duty orders and undertakings; (b) measures conditioning the grant of an import license licensing conditioned on the fulfillment of a performance requirement; or (c) voluntary export restraints inconsistent with Article VI of the GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994AD Agreement. 3. Paragraphs 1 and 2 shall not be applied to the measures set out in Annex 2-A. 4. 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, no provision of this Agreement shall be construed to prevent the Party from: (a) limiting or prohibiting the importation of the good of the non-Party from the territory of the other Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (b) requiring as a condition for exporting the good of the Party to the territory of the other 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. 45. 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 either Party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, and or distribution arrangements in the other Party. 56. Paragraphs Neither Party may, as a condition for engaging in importation or for the import of a good, require a person of the other Party to establish or maintain a contractual or other relationship with a distributor in its territory. 7. Nothing in paragraph 6 prevents a Party from requiring the designation of an agent for the purpose of facilitating communications between regulatory authorities of the Party and a person of the other Party. 8. For purposes of paragraph 6: 1 through 4 shall not apply For greater certainty, this paragraph applies, inter alia, to prohibitions or restrictions on the measures set out importation of remanufactured goods. distributor means a person of a Party who is responsible for the commercial distribution, agency, concession, or representation in Annex 2-A.the territory of that Party of goods of the other Party.

Appears in 1 contract

Samples: National Treatment and Market Access for Goods

Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither Party may adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of the GATT 1994 and 1994, including its interpretative notes, and to this end Article XI of the GATT 1994 and its interpretive notes interpretative notes, or any equivalent provision of a successor agreement to which both Parties are party, are incorporated into and made a part of this Agreement, mutatis mutandis.1. 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 requirementsrequirements and, except as permitted in enforcement of countervailing and antidumping duty orders and undertakings; (b) measures conditioning the grant of an , import license on the fulfillment of a performance requirement; or (c) voluntary export restraints inconsistent with Article VI of GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994price requirements. 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, no provision of nothing in this Agreement shall be construed to prevent the Party from: (a) limiting or prohibiting the importation of the good of the non-Party from the territory of the other Party of such good of that non-Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (b) requiring as a condition for exporting the of export of such good of the Party to the territory of the other 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 either the other Party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, marketing and distribution arrangements in the other Party. 5. Paragraphs 1 through 4 shall not apply to the measures set out in Annex 2-A.C-01.3 and Annex C- 08.

Appears in 1 contract

Samples: Free Trade Agreement

Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither no Party may adopt or maintain any prohibition or restriction on the importation of any good of the other another Party or on the exportation or sale for export of any good destined for the territory of the other another Party, except as provided in accordance with Article XI of the GATT 1994, including its interpretative notes. For this purpose, Article XI of the GATT 1994 and its interpretative notes, and to this end Article XI of GATT 1994 and its interpretive notes are incorporated into and made a an integral part of this Agreement, mutatis mutandis.1. 2. The Parties understand that GATT 1994 the rights and obligations incorporated by of the GATT 1994 embodied in paragraph 1 prohibit export price requirements and, except as permitted for the application of countervailing duty orders and undertakings, import price requirements. 3. The Parties understand that the rights and obligations embodied in paragraph 1 prohibit, in any circumstances in which any other form of restriction is prohibitedinter alia, a Party from adopting or maintainingbut not limited to: (a) export and import price requirementsquantitative restrictions on imports, except as permitted in enforcement accordance with the parameters of countervailing and antidumping duty orders and undertakingsparagraph 1; (b) measures conditioning the grant of an import license on the fulfillment of a performance requirement; orprices or minimum values; (c) voluntary export restraints inconsistent when they do not result from an agreement consistent with Article VI of GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT the General Agreement on Tariffs and Trade 1994, which is part of the WTO Agreement; d) the granting of import licenses on the condition that the importer purchases domestic production; e) the granting of import licenses on the condition that the importer exports; and f) the granting of import licenses on the condition that the good to be imported includes a certain percentage of content from the importing Party. 34. In the event that cases where a Party adopts or maintains a prohibition or restriction on the importation or exportation of goods from or exportation to a non-Party of a goodParty, no provision of nothing in this Agreement treaty shall be construed to prevent the Party fromit: (a) limiting limit or prohibiting prohibit the importation of the good goods of the non-Party from the territory of the other another Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (b) requiring require as a condition for exporting the good exportation of such goods from the Party to the territory of the other another Party, that the good goods are not be re-exported to the non-Party, directly or indirectly, without being consumed in the territory of the other another Party. 45. 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 at the request of either Party, the Parties shall consult with a view to avoiding undue interference with or distortion of in the pricing, marketing, marketing and distribution arrangements mechanisms in the other another Party. 56. Paragraphs 1 through to 4 shall do not apply to the measures set out forth in Annex 23 -03 and 3-A.09.

Appears in 1 contract

Samples: Free Trade Agreement

Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither Party may adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of GATT 1994 and its interpretative interpretive notes, and to this end Article XI of GATT 1994 and its interpretive notes are incorporated into and made a part of this Agreement, mutatis mutandis.1 2. The Parties understand that 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 duty orders and undertakings; (b) measures conditioning the grant of an import license on the fulfillment of a performance requirement; or (c) voluntary export restraints inconsistent with Article VI of GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994. 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, no provision of this Agreement shall be construed to prevent the Party from: (a) limiting or prohibiting the importation of the good of the non-Party from the territory of the other Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products.; (b) requiring as a condition for exporting the good of the Party to the territory of the other 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 either Party, 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, and distribution arrangements in the other Party. 5. Paragraphs 1 through 4 shall not apply to the measures set out in Annex 2-A.

Appears in 1 contract

Samples: National Treatment and Market Access for Goods Agreement

Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither Party may adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of GATT 1994 and its interpretative interpretive notes, and to this end Article XI of GATT 1994 and its interpretive notes are incorporated into and made a part of this Agreement, mutatis mutandis.1mutandis.2 2. The Parties understand that 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 duty orders and undertakings; (b) measures conditioning the grant of an import license on the fulfillment of a performance requirement; or (c) voluntary export restraints inconsistent with Article VI of GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994. 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, no provision of this Agreement shall be construed to prevent the Party from: (a) limiting or prohibiting the importation of the good of the non-Party from the territory of the other Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (b) requiring as a condition for exporting the good of the Party to the territory of the other 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 either Party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, and distribution arrangements in the other Party. 5. Paragraphs 1 through 4 shall not apply to the measures set out in Annex 2-A.

Appears in 1 contract

Samples: Free Trade Agreement

Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither Party may adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other 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 interpretive notes are incorporated into and made a part of this Agreement, mutatis mutandis.1 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 duty orders and undertakings; (b) measures conditioning the grant of an import license licensing conditioned on the fulfillment of a performance requirement; or (c) voluntary export restraints inconsistent with Article VI of the GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994AD Agreement. 3. Paragraphs 1 and 2 shall not be applied to the measures set out in Annex 2-A. 4. 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, no provision of this Agreement shall be construed to prevent the Party from: (a) limiting or prohibiting the importation of the good of the non-Party from the territory of the other Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (b) requiring as a condition for exporting the good of the Party to the territory of the other 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. 45. 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 either Party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, and or distribution arrangements in the other Party. 56. Paragraphs Neither Party may, as a condition for engaging in importation or for the import of a good, require a person of the other Party to establish or maintain a contractual or other relationship with a distributor in its territory. 7. Nothing in paragraph 6 prevents a Party from requiring the designation of an agent for the purpose of facilitating communications between regulatory authorities of the Party and a person of the other Party. 8. For purposes of paragraph 6: 1 through 4 shall not apply For greater certainty, this paragraph applies, inter alia, to prohibitions or restrictions on the measures set out in Annex 2-A.importation of remanufactured goods.

Appears in 1 contract

Samples: National Treatment and Market Access for Goods Agreement

Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither a Party may not adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any a good destined for the territory of the other Party. Party, except as provided in accordance with Article XI of GATT 1994 and its interpretative notes, and to this end Article XI of GATT 1994 and its interpretive interpretative notes are incorporated into and made a an integral part of this Agreement, mutatis mutandis.1. 2. The Parties understand that GATT 1994 the rights and obligations incorporated by of the GATT 1994 embodied in paragraph 1 prohibit, in any circumstances in which any other form of restriction is prohibited, a Party from adopting or maintaining: (a) export and price requirements in any circumstance in which it is prohibited; (b) The Company is not subject to import price requirements, except as permitted in enforcement for the application of antidumping and countervailing and antidumping duty orders provisions and undertakings; (bc) measures conditioning minimum prices, indicative prices, or any other valuation price, which replaces the grant customs value of an import license on the fulfillment goods, contrary to the commitments of a performance requirement; orthe Parties to the WTO; (cd) voluntary export restraints inconsistent with the application of quotas and charges of any nature that imply a breach of the commitments derived from Article VI II of GATT 1994, as implemented under Article 18 of ; and (e) reintroduce measures that have been declared incompatible by the Dispute Settlement Body with the Parties' WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994commitments. 3. In the event that a Party adopts or maintains a prohibition or restriction on the importation or exportation of a good from or exportation to a non-Party of a goodParty, no provision of this Agreement shall be construed to prevent the Party fromdoes not preclude such Party: (a) limiting limit or prohibiting prohibit the importation of the good goods of the non-Party from the territory of the other Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (b) requiring require as a condition for exporting the exportation of that good of from the Party to the territory of the other Party, that the good is 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 either Party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, and distribution arrangements in the other Party. 5. Paragraphs 1 through 4 shall to 3 do not apply to the measures set out listed in Annex 2-A. 5. Neither Party shall require, as a condition or commitment for the importation of a good, that a person of the other Party establish or maintain a contractual or other relationship with a distributor in its territory; nor shall it restrict the importation into its territory of a good for the purpose of enforcing strictly private contractual relationships, unless ordered to do so by a judicial authority.

Appears in 1 contract

Samples: Free Trade Agreement

Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither Party may adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of the GATT 1994 and its interpretative interpretive notes, and to this end Article XI of the GATT 1994 and its interpretive notes are incorporated into and made a part of this Agreement, mutatis mutandis.1agreement. For greater certainty this paragraph applies to prohibitions or restrictions on the importation of remanufactured products. 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 duty duties orders and undertakings; (b) measures conditioning the grant of an import license on the fulfillment of a performance requirement; or (c) voluntary export restraints inconsistent not consistent with Article VI of the GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of the GATT 1994. 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, no provision of this Agreement shall be construed to prevent the Party from: (a) limiting or prohibiting the importation of the good of the non-Party from the territory of the other Party of such goods of that non-Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products.; (b) requiring as a condition for exporting the good such goods of the Party to the territory of the other 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 either Party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, marketing and distribution arrangements in the other Party. 5. Paragraphs 1 through 4 shall not apply to the measures set out in Annex 2-A.

Appears in 1 contract

Samples: Trade Agreement

Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither Party may adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of GATT 1994 and 1994, including its interpretative notes, and to this end Article XI of GATT 1994 and 1994, including its interpretive notes are interpretative notes, is incorporated into and made a part of this Agreement, mutatis mutandis.1. 2. The Parties understand that GATT 1994 the rights and obligations incorporated by paragraph 1 prohibit, in any circumstances in which any other form of restriction is prohibited, import licensing conditioned on the fulfilment of a Party from adopting or maintaining: (a) performance requirement, export and import price requirements, and, except as permitted in enforcement of countervailing and antidumping duty orders and undertakings; (b) measures conditioning the grant of an , import license on the fulfillment of a performance requirement; or (c) voluntary export restraints inconsistent with Article VI of GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994price requirements. 3. In the event that a Party adopts or maintains a prohibition or restriction on the importation from or exportation to a non-non- Party of a good, no provision of nothing in this Agreement shall be construed to prevent as preventing the Party from: (a) limiting or prohibiting the importation of the good of the non-Party from the territory of the other Party of such good of that non-Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (b) requiring as a condition for exporting the of export of such good of the Party to the territory of the other Party, that the good not be re-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 either Party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, and distribution arrangements in the other Party. 5. Paragraphs 1 through 4 3 shall not apply to the measures set out in Annex 2-A. 5. Nothing in this Article shall be construed as affecting a Party's rights and obligations under the Agreement on Textiles and Clothing.

Appears in 1 contract

Samples: Free Trade Agreement

Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither Party may adopt or maintain any prohibition or restriction on the importation of any good of the other Party Party, or on the exportation or sale for export of any good destined for the territory of the other Party, except as provided in accordance with Article XI of the GATT 1994, including its interpretative notes. For this purpose, Article XI of the GATT 1994 and its interpretative notes, and to this end Article XI of GATT 1994 and its interpretive notes are incorporated into and made a an integral part of this Agreement, mutatis mutandis.1. 2. The Parties understand that GATT 1994 the rights and obligations incorporated by of the GATT 1994 embodied in paragraph 1 prohibit export price requirements and, except as permitted for the application of countervailing duty orders and undertakings, import price requirements. 3. The Parties understand that the rights and obligations embodied in paragraph 1 prohibit, in any circumstances in which any other form of restriction is prohibitedinter alia, a Party from adopting or maintainingbut not limited to: (a) export and import price requirementsquantitative restrictions on imports, except as permitted in enforcement accordance with the parameters of countervailing and antidumping duty orders and undertakingsparagraph 1; (b) measures conditioning the grant of an import license on the fulfillment of a performance requirement; orprices or minimum values; (c) voluntary export restraints inconsistent when they do not result from an agreement consistent with Article VI the Antidumping Agreement; (d) the granting of GATT 1994, as implemented under Article 18 import licenses on the condition that the importer purchases domestic production; (e) the granting of import licenses on the WTO Agreement condition that the importer exports; and (f) the granting of import licenses on Subsidies and Countervailing Measures and Article 8.1 the condition that the merchandise to be imported includes a certain percentage of content from the WTO Agreement on Implementation of Article VI of GATT 1994importing Party. 34. In the event that cases where a Party adopts or maintains a prohibition or restriction on the importation or exportation of goods from or exportation to a non-Party State, it shall not apply the prohibition or restriction to the importation or exportation of goods from or to a goodnon-Party State. Party, no provision of nothing in this Agreement shall be construed to prevent the Party frompreclude it: (a) limiting limit or prohibiting prohibit the importation of the good goods of the non-Party State from the territory of the other Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (b) requiring require as a condition for exporting the good exportation of such goods from the Party to the territory of the other Party, that the good they are not be re-exported to the non-Party, directly or indirectly, without being consumed in the territory of the other Party. 45. In the event that a Party adopts or maintains a prohibition or restriction on the importation of a good from of a non-Party, the Parties, on at the request of either Party, the Parties shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, marketing and distribution arrangements mechanisms in the other Party. 56. Paragraphs 1 through to 4 shall do not apply to the measures set out forth in Annex 2-A.3.3 and 3.

Appears in 1 contract

Samples: Free Trade Agreement

Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither Party may adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other 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 interpretive notes are incorporated into and made a part of this Agreement, mutatis mutandis.1agreement.1 1 For greater certainty this paragraph applies to prohibitions or restrictions on the importation of remanufactured products. 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 duty orders and undertakings; (b) measures conditioning the grant of an import license on the fulfillment of a performance requirement; or (c) voluntary export restraints inconsistent not consistent with Article VI of the GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of the GATT 1994. 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, no provision of this Agreement shall be construed to prevent the Party from: (a) limiting or prohibiting the importation of the good of the non-Party from the territory of the other Party of such goods of that non-Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (b) requiring as a condition for exporting the good such goods of the Party to the territory of the other 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 either Party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, and distribution arrangements in the other Party. 5. Paragraphs 1 through 4 shall not apply to the measures set out in Annex 2-A.

Appears in 1 contract

Samples: Trade Agreement

Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither no Party may adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of GATT 1994 and 1994, including its interpretative notes. To this end, and to this end Article XI of GATT 1994 and its interpretive notes interpretative notes, or any equivalent provision of a successor agreement to which the Parties are party, are incorporated into and made a part of this Agreement, mutatis mutandis.1. 2. The Parties understand that GATT 1994 the 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 requirementsrequirements and, except as permitted in enforcement of countervailing and antidumping duty orders and undertakings; (b) measures conditioning the grant of an , import license on the fulfillment of a performance requirement; or (c) voluntary export restraints inconsistent with Article VI of GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994price requirements. 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, no provision of nothing in this Agreement shall be construed to prevent the Party from: (ai) limiting or prohibiting the importation of the good of the non-Party from the territory of the other Party of such good of that non-Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (bii) requiring as a condition for exporting the of export of such good of the Party to the territory of the other 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 either Party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, marketing and distribution arrangements in the other a Party. 5. Paragraphs 1 through 4 shall not apply to the measures set out in Annex 2-A.02 (Exceptions to Article 2- 02 and 2-04).

Appears in 1 contract

Samples: Trade Agreement

Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither Party may adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI Xl of GATT 1994 and its interpretative interpretive notes, and to this end Article XI of GATT 1994 and its interpretive notes are incorporated into and made a part of this Agreement, mutatis mutandis.1mutandis. 2. The Parties understand that 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 duty orders and undertakings; (b) measures conditioning the grant of an import license on the fulfillment of a performance requirement; or (c) voluntary export restraints inconsistent with Article VI of GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994. 3. In the event that a Party adopts or maintains a prohibition or restriction on the importation from or exportation to a non-non- Party of a good, no provision of this Agreement shall be construed to prevent the Party from: (a) limiting or prohibiting the importation of the good of the non-Party from the territory of the other Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (b) requiring as a condition for exporting the good of the Party to the territory of the other Party, that the good not be re-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 either Party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, and distribution arrangements in the other Party. 5. Paragraphs 1 through 4 shall not apply to the measures set out in Annex 2-A.

Appears in 1 contract

Samples: Free Trade Agreement

Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither Party may adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of GATT 1994 and its interpretative notes, and to this end Article XI of GATT 1994 and its interpretive interpretative notes are incorporated into and made a part of this Agreement, mutatis mutandis.1 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 duty orders and undertakings; (b) measures conditioning the grant of an import license licensing conditioned on the fulfillment of a performance requirement; or (c) voluntary export restraints inconsistent with Article VI of GATT 1994, as implemented under Article 18 of the WTO SCM Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994AD Agreement. 3. Paragraphs 1 and 2 shall not apply to the measures set out in Annex 2-A. 4. 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, no provision of this Agreement shall be construed to prevent the Party from: (a) limiting or prohibiting the importation of the good of the non-Party from the territory of the other Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (b) requiring as a condition for exporting the good of the Party to the territory of the other 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. 45. 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 either Party, shall consult with a view to avoiding undue interference with or distortion of pricing, marketing, and or distribution arrangements in the territory of the other Party. 56. Paragraphs Neither Party may, as a condition for engaging in importation or for the importation of a good, require a person of the other Party to establish or maintain a contractual or other relationship with a distributor in its territory. 7. For greater certainty, paragraph 6 does not prevent a Party from requiring a person referred to in that paragraph to designate an agent for the purpose of facilitating communications between its regulatory authorities and that person. 1 through 4 shall not apply For greater certainty, paragraph 1 applies, inter alia, to prohibitions or restrictions on the measures set out importation of remanufactured goods. 8. For purposes of paragraph 6, distributor means a person of a Party who is responsible for the commercial distribution, agency, concession, or representation in Annex 2-A.the territory of that Party of goods of the other Party.

Appears in 1 contract

Samples: Free Trade Agreement

Import and Export Restrictions. 1. Except as otherwise provided in this Agreement, neither no Party may adopt or maintain any prohibition or restriction on the importation of any good of the other another Party or on the exportation or sale for export of any good destined for the territory of the other another Party, except as provided in accordance with Article XI of the GATT, including its interpretative notes. For this purpose, Article XI of the GATT 1994 and its interpretative notes, and to this end Article XI of GATT 1994 and its interpretive notes are incorporated into and made a an integral part of this Agreement, mutatis mutandis.1. 2. The Parties understand that the GATT 1994 rights and obligations incorporated by embodied in paragraph 1 prohibit, in any all circumstances in which any other form type of restriction is prohibited, a Party from adopting or maintaining: (a) the establishment of minimum export and import price requirementsprices, except as permitted in enforcement for the application of anti-dumping and countervailing duties or countervailing duty undertakings and antidumping duty orders and undertakings; (b) measures conditioning the grant of an import license on the fulfillment of a performance requirement; or (c) voluntary export restraints inconsistent with Article VI of GATT 1994, as implemented under Article 18 of the WTO Agreement on Subsidies and Countervailing Measures and Article 8.1 of the WTO Agreement on Implementation of Article VI of GATT 1994penalties. 3. In the event that cases where a Party adopts or maintains a prohibition or restriction on the importation of goods from a non-Party or on the exportation of goods to a non-Party of a goodParty, no provision of nothing in this Agreement shall be construed to prevent the Party fromit: (a) limiting limit or prohibiting prohibit the importation of the good goods of the non-Party from the territory of the other another Party; or 1 For greater certainty, paragraph 1 applies to prohibitions or restrictions on the importation of remanufactured products. (b) requiring require as a condition for exporting the good exportation of the Party goods to the territory of the other Party, another Party that the good goods are not be re-exported directly or indirectly to the non-Party, directly or indirectly, Party without being consumed processed or manufactured in the territory of the other PartyParty in a manner that results in a substantial change in the value, form or use of the goods or in the production of another good. 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 at the request of either Party, the Parties shall consult with a view to avoiding minimizing undue interference with or distortion of pricing, marketing, marketing and distribution arrangements mechanisms in the other another Party. 5. Paragraphs 1 through to 4 shall not apply to the measures set out forth in Annex 2-A.the annex to this article.

Appears in 1 contract

Samples: Free Trade Agreement

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