Canada-Honduras Free Trade Agreement

Chapter Two: General Definitions

Article 2.1: Definitions of General Application

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

Agreement on Safeguards means the Agreement on Safeguards, which is part of the WTO Agreement;

Commission means the Free Trade Commission established under Article 21.1 (Institutional Arrangements and Dispute Settlement Procedures—Free Trade Commission);

Coordinators means the Free Trade Coordinators established under Article 21.2(1) (Institutional Arrangements and Dispute Settlement Procedures—Free Trade Coordinators);

customs duty includes any customs or import duty and a charge of any kind imposed on or in connection with the importation of a good, including a form of surtax or surcharge in connection with that importation, but does not include any:

• (a) charge equivalent to an internal tax imposed consistently with Article III:2 of the GATT 1994, in respect of:
  • i. like, directly competitive, or substitutable goods of a Party, or
  • ii. goods from which the imported good has been manufactured or produced in whole or in part,
• (b) an anti-dumping or countervailing duty that is applied under a Party’s domestic law,
• (c) a fee or other charge imposed in connection with importation commensurate with the cost of services rendered; and
• (d) a premium offered or collected on an imported good arising out of a tendering system in respect of the administration of a quantitative import restriction, a tariff rate quota, or a tariff preference level;

Customs Valuation Agreement means the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994, which is part of the WTO Agreement;

days means calendar days, including weekends and holidays;

Dispute Settlement Understanding (DSU) means the Understanding on Rules and Procedures Governing the Settlement of Disputes, which is part of the WTO Agreement;

enterprise means an entity constituted or organized under applicable law, whether or not for profit, and whether privately owned or governmentally owned, including a corporation, trust, partnership, sole proprietorship, joint venture, or other association;

existing means in effect on the date of entry into force of this Agreement;

GATS means the General Agreement on Trade in Services, which is part of the WTO Agreement;

GATT 1994 means the General Agreement on Tariffs and Trade 1994, which is part of the WTO Agreement;

goods of a Party means domestic products as these are understood in the GATT 1994 or such goods as the Parties may decide, and includes originating goods of that Party;

Harmonized System (HS) means the Harmonized Commodity Description and Coding System, including its General Rules of Interpretation, Section Notes, Chapter Notes, and subheading notes;

heading means a 4-digit number, or the 4 first digits of a number, used in the nomenclature of the Harmonized System;

measure includes a law, regulation, procedure, requirement, or practice;

national means a natural person according to Article 2.2, or a permanent resident of a Party;

originating means qualifying under the rules of origin set out in Chapter Four (Rules of Origin);

person means a natural person or an enterprise;

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

sanitary or phytosanitary measure means a measure referred to in Annex A, paragraph 1 of the SPS Agreement;

Secretariat means the Secretariat established under Article 21.3 (Institutional Arrangements and Dispute Settlement Procedures – Secretariat);

SPS Agreement means the Agreement on the Application of Sanitary and Phytosanitary Measures, which is part of the WTO Agreement;

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

subheading means a 6-digit number, or the first 6 digits of a number, used in the nomenclature of the Harmonized System;

tariff classification means the classification of a good or material under a chapter, heading, subheading, or tariff subheading;

tariff elimination schedule means Annex 3.4.1 (National Treatment and Market Access for Goods—Tariff Elimination Schedule);

TRIPS Agreement means the Agreement on Trade-Related Aspects of Intellectual Property Rights, which is part of the WTO Agreement;

Uniform Regulations means “Uniform Regulations” established under Article 5.12 (Customs Procedures—Uniform Regulations); and

WTO Agreement means the Marrakesh Agreement Establishing the World Trade Organization, done on 15 April 1994.

2. For purposes of this Agreement, a word in the singular includes that word in the plural, except where otherwise indicated.

Article 2.2: Country-Specific Definitions

For the purposes of this Agreement:

national government means:

• (a) for Canada, the Government of Canada; and
• (b) for Honduras, the Government of the Republic of Honduras;

sub-national government means:

• (a) for Canada, provincial, territorial, or local governments; and
• (b) for Honduras, local governments;

natural person means:

• (a) for Canada, a natural person who is a citizen of Canada under the Citizenship Act, R.S.C. 1985, c. C-29, as amended from time to time or under any successor legislation; and
• (b) for Honduras, a Honduran as defined in Articles 23 and 24 of the Constitution of the Republic of Honduras;

territory means:

• (a) for Canada, (i) the land territory, internal waters and territorial sea, including the air space above these areas, of Canada; (ii) the exclusive economic zone of Canada, as determined by its domestic law, consistent with Part V of the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982 (UNCLOS); and (iii) the continental shelf of Canada, as determined by its domestic law, consistent with Part VI of UNCLOS; and
• (b) for Honduras, the land, maritime, and air space under its sovereignty; its exclusive economic zone; and the continental shelf within which it exercises sovereign rights and jurisdiction in accordance with international law and its domestic law.