Free Trade Agreement between the United States, Central America and the Dominican Republic
"CAFTA" redirects here. For other meanings see CAFTA (disambiguation).
The Area is formed by CAFTA countries: Costa Rica, El Salvador, United States, Dominican Republic Guatemala, Honduras and Nicaragua.
The DR-CAFTA (Dominican Republic-Central America Free Trade Agreement, in English) or FTA (Free Trade Agreement-Dominican Republic-Central United States, in Castilian) is a treaty that seeks to create a free trade area between the signatory countries. Makes permanent the benefits for 80% of products offered by Central Basin Initiative (CBI), covering trade volume dólares.1 thirty billion consists of twenty chapters, each divided into articles.
The negotiation, signing and ratification of the treaty was carried out in different conditions, tailored to the characteristics and social and political context of each State party, the process began in 2003 for all countries except the Dominican Republic, namely the adoption of the text for all countries involved, in 2004 and came into force on different dates for each country since 2006. On the other hand, considering that the industry is fundamental to the treaty provisions concerning the business deal, it is important to address elements such as tariffs, customs motion, origin of products and the internal rules for freight traffic. As a complement, the CAFTA legislation dealing with aspects of hygienic production and protection the environment, respect for intellectual property rights and public and private investment, and any labor law in the States of the CAFTA area. It also specifies the mechanisms to settle disputes and to establish mutually agreed standards.
Despite the approval of the Contracting States, CAFTA has received many critical political and economic, opening a wide debate about the balance between benefits and disadvantages of the treaty provides.
Contents [hide] 1 Purpose
• Negotiations and signing • 2 • 3 Content
treaty or 3.1 Provisions concerning trade Tariff Treatment
3.1.1 3.1.2 Rules of Origin Customs Administration
3.1.3 3.1.4 Technical Barriers to Trade
or 3.2 Sanitary and phytosanitary
or 3.3 Investment 3.3.1 Procurement
or 3.4 Intellectual Property Rights 3.4.1 Products
3.4.2 source
Patent Provisions
or 3.5 or 3.6
labor law provisions on environmental law or 3.7
Dispute
• 4 or 4.1 Ratification Ratification Costa Ratification or 4.2
Rica in El Salvador
or 4.3 Ratification States Ratification United
or 4.4 or 4.5
in Guatemala in Honduras
Ratification Ratification or 4.6 or 4.7 in Nicaragua
Ratification in the Dominican Republic Reviews
• 5 • 6 See also 7 References
• Bibliography • 8 • 9 External links
Objectives [edit]
CAFTA's main purpose is to encourage expansion and diversification of trade in the region, eliminate obstacles to trade and facilitate cross-border movement of goods and services, promote fair competition in the free trade area, increase substantial opportunities investment and enforce property rights intelectual.2 Since it is officially stated objectives, it should be noted that compliance is subject to various factors including political will of governments, economic conditions of countries and joint application of the standards set by the treaty.
The treaty does not fall in contravention of previous regional agreements, so that the Central American integration process is not affected. However, any action taken as a region should be subject to the provisions of NAFTA, which puts the treaty over the new regional arrangements on
integración.2 Negotiations and signature [edit]
was negotiated on the basis of principles agreed upon by the parties. Apart from the rules of respect, there were three main elements to consider, any agreement made as a result of CAFTA, should be fully respectful of the constitutions of each country, seeking consistency of national law with the treaty, was considered the Central American countries merchants, as a single negotiating party, pretending to negotiate jointly, also agreed that it could only be implemented if the CAFTA negotiations had been completed, so that the interim agreements would not be valid alguna.3
Negotiations began in January 2003 and agreement was reached with El Salvador, Guatemala, Honduras and Nicaragua on December 17, 2003, and with Costa Rica on January 25, 2004. That same month, began negotiations with the Dominican Republic. On May 28, 2004, the Ministers of Commerce (Robert Zoellick) and Costa Rica (Alberto Trejos), the Salvadoran economy ministers (Miguel Angel Lacayo) and Guatemala (Marcio Cuevas), the Minister of Industry and Trade of Honduras (Norman García ) and the Ministry of Development, Industry and Commerce of Nicaragua (Mario Arana) signed the document in the building of the Organization of Americanos.4 A second ceremony for adopting the text with the Secretariat of State for Industry and Commerce of the Dominican Republic, Sonia Guzman, took place on August 5, 2004.5 On the other hand, although Panama is a Central American country, not negotiate with the rest of the region the treaty, making it uniquely United States, thus not included in the content of the treaty
CAFTA.6 [
The treaty consists of twenty chapters, each divided into articles. Its structure, allows the separate handling of various issues relating to free trade, regulating specialized way each item. Provisions concerning trade
Trade is the cornerstone that underpins integration economic, in the case of CAFTA, the agreement deals extensively on issues relating to commercial treatment in all areas involved. Regulations adopted by the countries is based on unifying the criteria for each state, leading to convention rules and procedures that are subject to exporters and importers of various products. The spirit of the treaty has been on equal treatment of goods and services originating in the CAFTA region, leaving aside the state protectionism on sectors of the economy.
tariff treatment [
Some agricultural products affected by CAFTA.
access to goods is based on a reduction process tariff, ie the goods entering tax-exempt exportación.7 Since Central American countries lack adequate conditions to compete with U.S. producers, the treaty provides for a grace period, which is tax deductible for some tariff escalation products. Since the product list is extensive in that situation, the explanation can be summarized in two points: each product is governed by ad hoc conditions, ie there is no uniform treatment even among signatory countries, so that the Salvadoran sugar be treated differently Honduran sugar, for ejemplo.8 addition, a second consideration respect, which is called the Special Agricultural Safeguard (SAE), which can be applied only by Central American countries except dairy products and peanuts, is the ability to levy additional tariffs on imported products before 2014, exceeding the productive capacity of the Rules of Origin
nacionales.7 [
The rules of origin are to determine the country to which he attributed the manufacture of a product, with the aim of verifying whether or not the subject of application tariff reduction under the tratado.7 A product is considered as originating in the region in the event of goods wholly obtained or produced entirely in the territory of one or more parties, it has been produced from originating materials and inputs or production of goods or inputs from non-originating materials, provided it is shown that the product contains at least 45% originaria.9 matter must consider that there are exceptions to the rule, allowing imports of some products such as footwear, pencils and iron without complying with the rules of origin. All products subject to this regime benefit from the elimination of tariffs, as provided in the Customs Administration
tratado.9 [
The treaty requires signatory states are required to publish its customs laws by means Legal and online, making available counseling offices to respecto.10 provides that States are obliged to ensure transparency in customs offices, not with any technical obstacle to the free passage of goods. The treaty requires that customs procedures are simple and fast, removing the ability to perform state inspections at mercancías.10 mass that is available all information about the registered goods at customs has confidential, 10 which restricts tools criminal and commercial research. In the event of any violations of national laws, the treaty left free to States for administrative or criminal act against those who break the law.10
Technical barriers to trade [
With CAFTA, the state loses to some extent the right to establish rules that restrict the movement of goods across its borders, unable to impose taxes or regulations to stop tax revenues or competitive advantages to producers nacionales.11 In this regard, CAFTA requires states to provide the maximum trade channels.
States parties should appoint a group of verifiers, which permanently ensure that the rules of trade affected not fulfilled. While the resolutions are not binding in this regard, States undertake to establish consensus on the measures adopten.11 The creation of state standards is not limited to national entities or persons, as the treaty requires states to all interesados.11 consensual
Sanitary and Phytosanitary Measures [
Cheese is one of the most subject to sanitary and phytosanitary checks.
The treaty requires assurances from the producers on the sanitary quality of products. Verifiable production processes and products rights.12 In the case, conflicts over this issue be settled by a committee of special conflict resolution, consisting of representatives of all parties, joining more than thirty days after login effect in each country.12 The committee extends its functions to the verification measures, advice and training, advice, mediation and resolution of conflictos.12 Each country is free to appoint their representatives, who have no major requirements to meet with national requirements. Investment
[
The chapter on investment is about the treatment that each state party will give investors of the other signatories of the treaty. In this regard, the central axis is equal treatment for all investors. The treaty clearly states in Chapter 10 that states are obliged to give such favorable conditions for foreigners and their nacionales.13 In this sense, we can say that the spirit of the treaty is to maintain the homogeneity of competencia.13 On the other hand, requires states to give all investors the minimum conditions under international law, providing security of property and support for their investment. While the treaty does not detail the specification, specify who will be the customary terms that constrain the behavior of
Estados.13 If there is a dispute, the foreign investor will have exactly the same rights as national depriving any preference, patronage, protection or choice of legal advice by the State of its nationals exclusively. There will be no expropriation of movable or immovable property by foreign investors, except for the cases provided for in the treaty, provided that the same treatment as nationals, in any case, compensation must be expressed and without protestas.13
A point relevant treaty provides that, in any way, investors are required to take out of the country of destination, in this sense, the treaty in no way guarantees that the increase in investment will be an encouragement to the national employment growth. differences between the state and investors are mainly settled by arbitration, leaving the courts as a last opción.13
Procurement
In public procurement, ie, services that provide domestic or foreign investors to the State, the CAFTA states that are guaranteed by foreign businessmen at least as favorable treatment given to the nationals. In this regard, a national company has no advantage in a competitive tender, being forced to compete under the same rules to their state counterparts unnatural contratante.14
In this regard, states are required to publish openly calls tender, by knowing the rules before the start of the competition. Prohibits any technical condition that is intended to benefit employers programs, such as the number of employees nacionales.14
The treaty establishes procedures for public procurement, abolishing all relevant national provisions, the procedures are uniform in the region, so any company will know the rules even if you invest outside the borders of his State of origen.14
The treaty guarantees the confidentiality of corporate information and requires transparency in bureaucratic processes, giving the State the power to suspend the ability to participate in bidding, those companies caught in acts
ilegales.14
intellectual property rights in the field of copyright and industrial property The treaty obliges states to accede to or ratify a number of conventions and treaties on the subject, draining discussion. Nothing can be above national treaties to ratify, so that the CAFTA establishes a new unified legal regime for partes.15 article seeks primarily to protect owners of intellectual property of products, provided these are duly registered. In terms of brands, the treaty provides that the owners of the same are treated under the same conditions as nationals, which means to exercise their rights on anyone who violates them.
The chapter on the subject, establishes the concept of "test data", which are those concerning to tests and experiments demonstrating the performance and effectiveness of pharmaceuticals and agrochemicals. The law protects the owners thereof for a period of five years to ten years for pharmaceuticals and agrochemicals. In this regard, no drug is patented in itself, so that any laboratory can produce the same, if proven by their own means that the formula complies with the sanitary requirements set by law. States are free to deny the protection of the test data in the event that either public domain or in emergency nacional.15 registration marks should be publicly established in each state, giving same facilities and protections to nationals and foreigners. Home products
The pupusas were a product in controversy regarding its patent in the end, the rule was not enforced.
are considered "products of" those whose conditions of production can only occur in a particular country, ensuring contracting calidad.15 CAFTA No country entered any product so original, so this rule is reserved for when there is a case. The scheme provides that the country will have the exclusive right to produce, to ensure quality. Patent
respect, the treaty provides that any natural CAFTA area patentable inventions or discoveries of their own, being protected by the law as if national. You can not patent anything for public use, known prior to the investigation or previously patented by another persona.15 Any violation of copyright can lead to administrative or judicial responsibilities.
provisions on labor law requirements increases CAFTA in employment law for Central American countries, forcing them to raise standards for the benefit of workers. It is established that there is no difference in treatment between natural and extranjeros.16 No provisions on compulsory hiring local or foreign, minimum fee for companies or distinctions between them.
On the other hand, the treaty obliges the state to have enough inspectors, in charge of verifying compliance with international agreements on laboral.16 should be noted that CAFTA does not make provisions for or at the expense of workers, simply requires States to comply with regulations and commitments previously.
CAFTA provides that any reduction in industrial action in terms of attracting investment is illegal and subject to sanción.16
environmental law provisions
factory polluting the environment, which is regulated by CAFTA.
CAFTA is the first trade agreement which devotes a chapter to the field of environmental protection, 8 and in the workplace, it provides no measures or procedures, rather is dedicated to compel states to enforce national laws and international existentes.17 and conductive line of the chapter is based to strengthen national environmental laws, which are defined in Article 17.13 as law or regulation
Party, or provisions thereof, the primary purpose of environmental protection or prevention of a danger to life or human health, animal or plant by:
• prevention, reduction or control of the release, discharge or emission of pollutants environmental;
• control of chemicals, substances, materials and environmentally hazardous or toxic waste and the dissemination of information related thereto, or
• protection or conservation of wildlife, including endangered species, their habitat and natural areas under special protection. 17.13-CAFTA Art
The treaty establishes procedures for punishing offenders regardless of nationality, sanctions should be attached to international law and comparable to the rest of the CAFTA area. Moreover, CAFTA provides that the State will encourage companies to implement measures to protect the environment are above the minimum levels deseados.17
The treaty requires states to participate in mutual cooperation in environmental matters, therefore, parallel to the CAFTA, created an Environmental Cooperation Agreement between the United States, Central America and Dominicana.18 Republic CAFTA provides that any reduction of environmental measures in order to attract investment is illegal and subject to sanciones.17
Dispute
When any dispute arises between States (never between company and State), are recognized methods good offices, mediation or conciliation. Except in extreme cases of disagreement, to accept the appointment of árbitros.19 means that participation Referees will only if a prolonged time of no progress in the conflict, ie, the parties should recognize the stalled negotiations and agreement to appoint an arbitration board. The procedure for appointing the arbitration is governed in CAFTA, which states that the parties shall select three arbitrators, including a president be in agreement, in the case of no agreement, be settled by sorteo.19
The CAFTA guarantees due process, confidentiality, non-retroactivity and the opportunity to defend and respond. Once an award, the parties must abide by it without protest, to do so, will be suspended benefits relating to CAFTA, but not their obligaciones.19
According Ratification of the Vienna Convention on the Law of Treaties of 1969 and in force since 1980, the text of a treaty is adopted when two-thirds of the attendees to the negotiation agree, in the case of CAFTA, all parties agreed to adopt the texto.20 after adopting the text, the Convention states that must be initialed by the plenipotentiaries of the States, 20 CAFTA was signed by all States businessmen. Following that, the national congresses of each State should ratify the treaty according to the laws and national interests, after which the Foreign Ministry spent to process for entry into vigor.20 All signatory countries have ratified the Ratification
tratado.21 in Costa Rica
Main article:
CAFTA in Costa Rica Costa Rica is the only signatory to the treaty which submitted its ratification to a referendum , which was conducted with support from the Supreme Court Elecciones.22 23 The referendum was held on October 7, 2007, resulting in a 51.62% in favor and 48.38% against, being bound by more than 40% of electorate exerted by the sufragio.24 Given these results, the CAFTA was ratified.
In this respect, labor groups and groups opposed to the CAFTA developed a campaign to prevent that people vote yes, including sharing information and mobilizing people to protestas.23 However, there were also groups that supported the ratification of the treaty by massive publicity and activities concentración.25
As part of the campaign by critics treaty, constitutional challenges were filed before the Supreme Court of Costa Rica, in parallel with this, opposition MPs called for an inquiry to the highest judicial institution, which issued by the Constitutional Chamber of Resolution 2007-09469 July 3, 2007, in which he states that there are points that violate the constitution of the Republic for approval
CAFTA.26 necessary implementing laws were passed and the treaty entered into force in Costa Rica on January 1st 2009. Ratification
in El Salvador
Main article: CAFTA in El Salvador
El Salvador was the first state to ratify CAFTA, on the morning of December 17, 2004 in the Blue Room of the Legislative Assembly, 27 with the support of all political forces except the Farabundo Marti National Liberation Front. After ratification, the respective deposit was made at the Organization of American States on 28 February 2006.28
Several trade unions and opposition groups tried organized street protests with the slogan to prevent the treaty was ratified, some protests were counted with the presence and support of the leaders of some opposition political parties. The balance of the demonstrations was in several episodes of violence that left detainees and wounded. All events took place under the observation of the Ombudsman for the Defence of Rights Ratification Humanos.29 U.S.
Main article: U.S. CAFTA
Upon notification by President George Bush in compliance with the Trade Act of 2002 , 30 the United States Senate ratified the June 30, 2005 CAFTA, with fifty-four and forty votes and five against. That ratification was engaged in a debate about the feasibility of implementing the treaty, to consider some senators that it would bring little benefit to the country norteamericano.31
Ratification in Guatemala [Main article: CAFTA in Guatemala Guatemalan Congress ratified
10 March 2005 the treaty by the Decree 31 to 2005.32 with one hundred twenty-six and twelve votes against, giving quality of national emergency by holding it a priority issue in the treatment legislativo.33 was the third country to ratify, after El Salvador and Honduras. On March 9, the treaty was presented to the Legislature by the commission chairman of Economy and Foreign Trade, Mariano Rayo, without having had any discussion or study of the proposal, the treaty was ratified and notified the President of the Republic, for their respective publicación.33 The approval was made possible by changing the position of the bench the National Union of Hope, who gave their votes.
Members who voted against ratification, arguing that the deal was negotiated behind
population ... only defends the interests of a small group of businessmen ... and the government has been reluctant to report the true content, purpose and impact Víctor
Sales, deputy of the National Revolutionary Unity party
Guatemalteca33 Days before the introduction of the proposal, various organizations and institutions presented their show of rejection of the treaty. Thus, on 1 March, accompanied by an integrated street protest by several unions, the Consejo Superior Universitario de la Universidad de San Carlos TV issued a statement expressing their opposition to the ratification of the treaty without prior consultation. Two days later, the rector of the university formally asked the House to be a query to include the entire ciudadanía.32 On 6 March, the Episcopal Conference of Guatemala ruled against the treaty.
The day the proposal was submitted parliament, and the date of approval of the same, there were violent protests around the Congress and the U.S. Embassy, \u200b\u200b32 requiring the ratification of the treaty was submitted to a referendum, which dictate the popular will. 34 The balance of the protests was a police officer injured and a man arrested for the crime of Ratification
públicos.33 disorders in Honduras
Main article: CAFTA in Honduras Honduran
's parliament ratified the treaty on March 3, 2005 with votes Four of the five legislative seats, becoming the second country to ratify the treaty. Following the adoption of the decree, groups unions and opposition to the treaty entered the session hall of the congress, forcing security forces to quell the protesta.1 In general, several organizations took to the streets and protested against what they contend is a step in the impoverishment of the country. Despite the many demonstrations, the police reported no episodes of Ratification in Nicaragua
violencia.35
Main article: CAFTA in Nicaragua Nicaraguan
Congress passed the night of October 10, 2005 ratification of CAFTA, with forty-nine votes favor and thirty-six against, and three abstenciones.36 The legislative proposal was introduced by the minister of trade, Azucena Castillo. Discussion among the parliamentary groups was extensive and led to the adoption of the treaty by a simple majority. The fundamental argument of the opposition was that the treaty would lead to "increased the gap between rich and poor" .37 The main leftist party in Nicaragua, the Sandinista National Liberation Front, led many street protests in order to halting the ratification of the treaty, arguing that the provisions to take the call favoring only upper-class country. Despite the number of people confronted the police, there were no incidents of violencia.38 With the change of party in the head of state, President Daniel Ortega has spoken against the decision taken by his predecessor, strongly criticizing the treaty is already in vigor.39
Ratification in the Dominican Republic [edit]
Main article: CAFTA in the Dominican Republic Dominican
Congress sought to bring national laws to the operation of CAFTA waiting to unanimously ratify until the legislation was compatible. So in 2005, approved a measure would come into force the treaty a year siguiente.40 sectors protests opposing the treaty took place in Santo Domingo, including hunger strikes and stoppage of traffic. Although there were no acts of violence, the authorities seek to arrest leaders of
protestas.41
Graffiti Reviews
against CAFTA in Costa Rica.
In general, the treaty has generated much political opposition and civil society in the signatory countries. Institutions such as ECLAC indicated that CAFTA does not bring real solutions to the problems of Central America, with only a tool económica.42 Even in the U.S. Congress there were serious criticisms for ratification, exceeding the minimum number of votes. Some U.S. lawmakers claim that CAFTA will only serve to increase unemployment and crime in countries centroamericanos.43 The main opponents of CAFTA Central American businesses say it is not competitive opportunities with the U.S., since the volumes of capital are heterogeneous, while CAFTA requires treating them as if they were homogeneous.
is also critical that American products will be severely affected in sales volumes, as they can not compete with U.S. prices and quality, bankrupting many businesses, farmers and small producers. Critics claim that unemployment will grow rapidly approaching to the close of business, considering that the treaty does not guarantee employment or even a favorable environment for foreign investment. They fear damage the health of the population genetically modified products, the destruction of the environment by excessive industrial production and the lack of drug production rights on the basis of 45
patentes.44 
0 comments:
Post a Comment