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JAPAN-MEXICO
Japan-Mexico FTA&EIA
 Interactive trade indicators

Technical notes for performance indicators
Performance Indicators :
Member Countries

Japan Mexico

Agreement between Japan and the United Mexican States for the Strengthening of the Economic Partnership

Status : Signed in 2004 .  In force since 2005
Scope : Bilateral
Type : FTA & EIA
WTO Notification : GATT Art XXIV, GATS Art V 2005
Agreement text : 
http://www.mofa.go.jp/region/latin/mexico/agreement/agreement.pdf
Other links : 
http://www.mofa.go.jp/policy/economy/fta/mexico.html
WTO consideration process : 
http://docsonline.wto.org/imrd/gen_redirectsearchdirect.asp?RN=0&searchtype=browse&query=@meta_Symbol%22WT/REG198/4%22&language=1&ct=DDFEnglish
GOODS
Tariffs
Positive List
Tariff elimination in 5 or 7 years (particularly for tariff-quotas)
Accelerated elimination possible through consultation
Rules of Origin
See ch 4: Heading change necessary
Value added minimum 50%
No specific manufacturing process required
Contingency Measures
   Anti - Dumping : WTO commitments
   Countervailing Duties : WTO commitments
   Safeguards : Allowed, maximum 3 years.

Standards : Cooperation for harmonization
Notes:
SERVICES
WTO Notification (GATS Art. V)Notified
       Date of notification 31/03/2005

       Consideration Process : Factual Presentation issued


Liberalization ApproachNegative Lists

Modes Covered
Cross-border supply (Mode1)
Consumption abroad (Mode2)
Presence of natural persons (Mode4)

Specific Chapters on
Financial services
Movement of natural persons

Specific Sectors Excluded
Air transport
Other
              This Chapter does not apply to Cabotage in maritime transport services.

Public Sectors carve-out : GATS-like (Article I:3(b))

Most Favoured Nation : Binding

National Treatment : Binding

Market Access : Not featured

Domestic Regulation : Non-binding (NAFTA-like)

Subsidies covered by services disciplines : Not covered

Denial of benefits for commercial presence :
          


Notes :
          


Link to schedules :
INVESTMENT
Scheduling ApproachNegative Lists

Definition of investmentCovers portfolio investment

Most Favoured Nation : Binding
                           
National Treatment : Binding
                           NT provision applies to entry and establishment rights

Fair and Equitable Treatment : Binding
                           
Expropriation : Binding
                           
Board of Directors and executive personnel : Binding

Invester - State arbitration :

Denial of Benefits :
          Article 70 Denial of Benefits // investment 1.A Party may deny the benefits of this Chapter to an investor of the other Party that is an enterprise of such Party and to investments of such investor if investors of a non-Party own or control the enterprise and the denying Party: (a)does not maintain diplomatic relations with the non-Party; or (b)adopts or maintains measures with respect to the non-Party that prohibit transactions with the enterprise or that would be violated or circumvented if the benefits or this Chapter were accorded to the enterprise or to its investments. 2.Subject to prior notification and consultation in accordance with Article 17.4 and 19.4, a Party may deny the benefits of this Chapter to an investor of the other Party that is an enterprise of such Party and to investments of such investors if investors of a non-Party own or control the enterprise and the enterprise has no substantial business activities in the territory of the Party under whose law it is constituted or organized.


Additional BIT exists between the parties :
          BIT list I :
                    Status:
          BIT list II :
                    Status:

Notes :
          According to Article 96(Definitions, investment does not mean: (II)claims to money that arise solely from:(aa)commercial contracts for the sale of goods or services by a national or enterprise in the Area of a Party to an enterprise in the Area of the other Party, or (bb)the extension of credit in connection with a commercial transaction, such as trade financing, other than a loan covered by subparagraph(dd) aobve; or (JJ) any other claims to money, that do not involve the kinds of interests et out in subparagraphs(AA) through (HH) above;


Link to schedules :
TRADE FACILITATION
Customs procedures : Yes Article 50 of the Agreement
Customs valuation : Yes Article 50 of the Agreement
Trade regulations publication and administration (transparency) : Yes Article 45 and Article 139 of the Agreement
E-Commerce / Paperless trade : No
Cooperation in trade facilitation : No
OTHER AREAS
Government Procurement : Yes
Investment : Yes Asset based-open list: includes FDI, portfolio investment and various forms of tangible and intagible property.
Competition Policy : Yes
Intellectual Property : No
Dispute Settlement : Yes Ad-hoc arbitration. Parties cannot block panels. Panelist drawn by lot from a list submitted by one party only. Financial services excluded from DSM.
Labor Mobility : No
Labor and Environmental Standards : Yes Article 74: environmental measures; Article 147: cooperation in the field of environment
Technical cooperation : No
Institutional mechanism : No
Notes:
RULES OF ORIGIN
Cumulation
Article 27
Specific Process
Heading Change
Product specific rules set out in Annex 4
De Minimis
Article 25
Minimum Content
Article 22; no less than 50%
Drawback
Http Link
Notes
See Chapter 4
JAPAN-MEXICO
Japan-Mexico FTA&EIA

Member Countries
Japan
Mexico
Total: 2 countries

Agreement between Japan and the United Mexican States for the Strengthening of the Economic Partnership

Status : Signed in 2004 .  In force since 2005
Scope : Bilateral
Type : FTA & EIA
WTO Notification : GATT Art XXIV, GATS Art V 2005
Agreement text : 
http://www.mofa.go.jp/region/latin/mexico/agreement/agreement.pdf

Other links : 
http://www.mofa.go.jp/policy/economy/fta/mexico.html

WTO consideration process : 
http://docsonline.wto.org/imrd/gen_redirectsearchdirect.asp?RN=0&searchtype=browse&query=@meta_Symbol%22WT/REG198/4%22&language=1&ct=DDFEnglish
GOODS
Tariffs
Positive List
Tariff elimination in 5 or 7 years (particularly for tariff-quotas)
Accelerated elimination possible through consultation

Rules of Origin
See ch 4: Heading change necessary
Value added minimum 50%
No specific manufacturing process required

Contingency Measures
Anti - Dumping : WTO commitments
Countervailing Duties : WTO commitments
Safeguards : Allowed, maximum 3 years.

Standards : Cooperation for harmonization

Notes:


SERVICES
WTO Notification (GATS Art. V)Notified
Date of notification : 31/03/2005
Consideration Process : Factual Presentation issued

Liberalization ApproachNegative Lists

Modes Covered
Cross - Border Supply : Yes
Consumption Abroad : Yes
Movement of Natural Persons : Yes

Specific Chapters on
Financial services : Yes
Movement of natural persons : Yes
Specific Sectors Excluded
Air transport : Yes
Other : Yes
This Chapter does not apply to Cabotage in maritime transport services.
Public Sectors carve-out : GATS-like (Article I:3(b))

Most Favoured Nation : Binding

National Treatment : Binding

Market Access : Not featured

Domestic Regulation : Non-binding (NAFTA-like)

Subsidies covered by services disciplines : Not covered

Denial of benefits for commercial presence :


Notes:

Link to schedules :

INVESTMENT
Scheduling ApproachNegative Lists

Definition of investmentCovers portfolio investment

Most Favoured Nation : Binding

National Treatment : Binding

NT provision applies to entry and establishment rights : Yes

Fair and Equitable Treatment : Binding


Expropriation : Binding


Board of Directors and executive personnel : Binding

Invester - State arbitration : Yes

Denial of Benefits :
Article 70 Denial of Benefits // investment 1.A Party may deny the benefits of this Chapter to an investor of the other Party that is an enterprise of such Party and to investments of such investor if investors of a non-Party own or control the enterprise and the denying Party: (a)does not maintain diplomatic relations with the non-Party; or (b)adopts or maintains measures with respect to the non-Party that prohibit transactions with the enterprise or that would be violated or circumvented if the benefits or this Chapter were accorded to the enterprise or to its investments. 2.Subject to prior notification and consultation in accordance with Article 17.4 and 19.4, a Party may deny the benefits of this Chapter to an investor of the other Party that is an enterprise of such Party and to investments of such investors if investors of a non-Party own or control the enterprise and the enterprise has no substantial business activities in the territory of the Party under whose law it is constituted or organized.


Additional BIT exists between the parties :No

BIT list I :
Status:
BIT list II :
Status:

Notes :
According to Article 96(Definitions, investment does not mean: (II)claims to money that arise solely from:(aa)commercial contracts for the sale of goods or services by a national or enterprise in the Area of a Party to an enterprise in the Area of the other Party, or (bb)the extension of credit in connection with a commercial transaction, such as trade financing, other than a loan covered by subparagraph(dd) aobve; or (JJ) any other claims to money, that do not involve the kinds of interests et out in subparagraphs(AA) through (HH) above;


Link to schedules :

TRADE FACILITATION
Customs procedures : Yes Article 50 of the Agreement
Customs valuation : Yes Article 50 of the Agreement
Trade regulations publication and administration : Yes Article 45 and Article 139 of the Agreement
Use of ICT : No
Mobility of business people : No
Freedom of transit : Yes Article 48 of the Agreement
Transport and logistics : No
Trade finance : No

OTHER AREAS
Government Procurement : Yes
Investment : Yes Asset based-open list: includes FDI, portfolio investment and various forms of tangible and intagible property.
Competition Policy : Yes
Intellectual Property : No
Dispute Settlement : Yes Ad-hoc arbitration. Parties cannot block panels. Panelist drawn by lot from a list submitted by one party only. Financial services excluded from DSM.
Labor Mobility : No
Labor and Environmental Standards : Yes Article 74: environmental measures; Article 147: cooperation in the field of environment
Technical cooperation : No
Institutional mechanism : No

Notes:


RULES OF ORIGIN
Cumulation
Article 27
Specific Process

Heading Change
Product specific rules set out in Annex 4
De Minimis
Article 25
Minimum Content
Article 22; no less than 50%
Drawback

Http Link

Notes
See Chapter 4
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