TRADE AND INVESTMENT
FRAMEWORK AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA AND
THE ORIENTAL REPUBLIC OF URUGUAY
The Government of the United States of America
and the Government of the Oriental Republic of Uruguay (individually
a "Party" and collectively the "Parties"):
Desiring to enhance the bonds of
friendship and spirit of cooperation, to expand trade, and
to strengthen economic relations between them;
Recognizing the importance of fostering
an open and predictable environment for international trade
and investment;
Recognizing the benefits they derive
from increased international trade and investment, and that
trade-distorting measures and protectionist trade barriers
can reduce those benefits;
Seeking to promote transparency
and to eliminate bribery and corruption in international
trade and investment;
Recognizing the essential role
of private investment, both domestic and foreign, in furthering
growth, creating jobs, expanding trade, improving technology,
and enhancing economic development;
Taking into account the desirability
of reducing barriers in order to facilitate greater access
to their markets;
Recognizing the increased importance
of trade in services between their economies and in their
bilateral relations;
Recognizing the importance of providing
adequate and effective protection and enforcement of intellectual
property rights; of membership in intellectual property
rights conventions; and of the right to protect public health
and, in particular, to promote acess to medicines for all:
Recognizing the importance of providing
adequate and effective protection and enforcement of worker
rights in accordance with each Party’s labor laws
and of improving the observance of internationally recognized
labor rights;
Desiring to ensure that their trade
and environmental policies promote sustainable development;
Desiring to encourage and facilitate
contacts between enterprises and other private sector groups
in each other’s territory;
Acknowledging the desirability
of addressing bilateral trade and investment issues as expeditiously
as possible;
Acknowledging the importance of
the Treaty Between the Government of the United States of
America and the Government of the Oriental Republic of Uruguay
Concerning the Encouragement and Reciprocal Protection of
Investment, which entered into force on November 1, 2006
(the “BIT”);
Desiring that this Agreement reinforce
the multilateral trading system by strengthening efforts
to complete successfully the Doha Development Agenda;
Intending to use this Agreement
to pursue initiatives on specific trade and investment matters,
with a view to concluding agreements or other arrangements
that offer enhanced opportunities for bilateral trade and
investment;
Desiring to build on the spirit
of cooperation they have developed under the Joint Commission
for Trade and Investment (JCTI) since 2002; and
Acknowledging that Uruguay is
a full party of MERCOSUR, set up by the Asuncion Treaty,
1991.
HAVE AGREED as follows:
ARTICLE ONE
The Parties affirm their desire to foster
an attractive investment climate in their respective territories
and to expand and diversify their bilateral trade in goods
and services. To this end, each Party shall take appropriate
measures at the bilateral, regional, and multilateral levels
to encourage and facilitate the exchange of goods and services
and to secure favorable conditions for long-term development
and diversification of their trade, including, as appropriate,
efforts to advance the objectives of the Doha Development
Agenda.
ARTICLE TWO
1. The Parties hereby establish a United
States-Uruguay Council on Trade and Investment ("the
Council"), which shall comprise representatives of
each Party. Uruguay’s Chief of Staff to the President
and the United States Trade Representative shall serve as
joint chairs. Each chair may designate a senior official
to conduct a meeting of the Joint Council. The chairs or
designated senior officials may request the participation
of other government officials as circumstances require.
2. The Council shall endeavor to meet at
least once a year, at such times and in such places as the
Council chairs may agree.
ARTICLE THREE
1. The objectives of the Council are as
follows:
(a) To monitor trade and investment relations
between the Parties, identify opportunities for liberalizing
bilateral trade and investment, and identify relevant issues,
that may be appropriate for negotiation in an appropriate
forum.
(b) To consider specific trade matters,
and those investment matters not arising under the BIT,
of interest to the Parties, and to undertake the work program
set out in the Annex.
(c) To identify and work toward the removal
of impediments to bilateral trade and investment.
2. The Parties shall seek the advice of
the private sector and civil society, where appropriate,
on matters related to the work of the Council.
ARTICLE FOUR
A Party may refer a specific trade matter,
or an investment matter not arising under the BIT, to the
Council by delivering a written request to the other Party
that includes a description of the matter concerned. The
Council shall take up the matter promptly after the request
is delivered unless the requesting Party agrees to a later
date. Each Party shall endeavor to provide an opportunity
for the Council to consider a matter before taking any action
that could adversely affect the trade or investment interests
of the other Party.
ARTICLE FIVE
This Agreement shall enter into force on
signature.
ARTICLE SIX
Either Party may withdraw from this Agreement
by providing written notice of withdrawal to the other Party.
The withdrawal shall take effect on a date agreed to by
the Parties or, if the Parties cannot agree on a date, 180
days after the date on which the notice of withdrawal is
delivered.
IN WITNESS WHEREOF, the undersigned, being
duly authorized by their respective
governments, have signed this Agreement.
DONE at Montevideo, this 25th day of January
2007, in the English and Spanish languages, both texts being
equally authentic.
FOR THE GOVERNMENT OF THE
UNITED STATES
OF AMERICA:
____________________________________ | |
FOR THE GOVERNMENT OF THE
ORIENTAL
REPUBLIC OF URUGUAY:____________________________________ |
ANNEX
WORK PROGRAM
The Council shall consider the following
matters:
• facilitation and liberalization of bilateral trade
and investment;
Cooperation on our shared objectives in
the World Trade Organization Doha Development Agenda negotiations
including cooperation in the agricultural negotiations toward
a more market oriented world trading system through substantially
increased market access, elimination of export subsidies,
elimination of restrictions on the right to export, and
substantial reductions in trade-distorting domestic support;
• Cooperation in the U.S. –
Uruguay Consultative Committee on Agriculture Sanitary and
Phytosanitary measures
• technical barriers to trade;
• intellectual property rights
• regulatory issues affecting trade
policy and investment;
• information and communications technology
and e-commerce;
• trade and technical capacity building;
• trade in services;
• government procurement; and
• such other matters as the Council
may decide.
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