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- Chapter Two
-
- General Definitions
-
-
-
- Article 201: Definitions of General Application
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- 1. For purposes of this Agreement, unless otherwise specified:
-
- Commission means the Free Trade Commission established under
- Article 2001;
-
- Customs Valuation Code means the Agreement on Implementation of
- Article VII of the General Agreement on Tariffs and Trade,
- including its interpretative notes;
-
- days means calendar days, including weekends and holidays;
-
- enterprise means any entity constituted or organized under
- applicable law, whether or not for profit, and whether privately-
- owned or governmentally-owned, including any corporation, trust,
- partnership, sole proprietorship, joint venture or other
- association;
-
- enterprise of a Party means an enterprise constituted or
- organized under the laws of, or principally carrying on its
- business in the territory of, a Party;
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- existing means in effect at the time of entry into force of this
- Agreement;
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- Generally Accepted Accounting Principles means the recognized
- consensus or substantial authoritative support in the territory
- of a Party with respect to the recording of revenues, expenses,
- costs, assets and liabilities, disclosure of information and
- preparation of financial statements. These standards may be
- broad guidelines of general application as well as detailed
- standards, practices and procedures;
-
- Harmonized System means the Harmonized Commodity Description and
- Coding System, and its legal notes, as adopted and implemented by
- the Parties in their respective tariff laws;
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- measure includes any law, regulation, procedure, requirement or
- practice;
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- national means a natural person who is a citizen or permanent
- resident of a Party and any other natural person referred to in
- Annex 201.1;
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- originating means qualifying under the rules of origin set out in
- Chapter Four (Rules of Origin);
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- person means a natural person or an enterprise;
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- person of a Party means a national, or an enterprise of a Party;
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- state enterprise means an enterprise that is owned, or controlled
- through ownership interests, by a Party; and
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- territory means for a Party the territory of that Party as set
- out in Annex 201.1.
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- 2. For purposes of this Agreement, unless otherwise specified,
- a reference to province or state includes local governments.
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- ANNEX 201.1
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- Country-Specific Definitions
-
-
- For purposes of this Agreement, unless otherwise specified:
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- national also includes:
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- (a) for Mexico, a national or a citizen according to
- Articles 30 and 34, respectively, of the Mexican
- Constitution; and
-
- (b) for the United States, "national of the United States"
- as defined in the existing provisions of the United
- States Immigration and Nationality Act;
-
- territory means:
-
- (a) with respect to Canada, the territory to which its
- customs laws apply, including any areas beyond the
- territorial seas of Canada within which, in accordance
- with international law and its domestic laws, Canada
- may exercise rights with respect to the seabed and
- subsoil and their natural resources;
-
- (b) with respect to Mexico,
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- (i) the states of the Federation and the Federal
- District,
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- (ii) the islands, including the reefs and keys, in
- adjacent seas,
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- (iii) the islands of Guadalupe and Revillagigedo
- situated in the Pacific Ocean,
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- (iv) the continental shelf and the submarine shelf of
- such islands, keys and reefs,
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- (v) the waters of the territorial seas, in accordance
- with international law and its interior maritime
- waters,
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- (vi) the space located above the national territory, in
- accordance with international law,
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- (vii) any areas beyond the territorial seas of
- Mexico within which, in accordance with
- international law, including the United
- Nations Convention on the Law of the Sea, and
- its domestic laws, Mexico may exercise rights
- with respect to the seabed and subsoil and
- their natural resources; and
-
- (c) with respect to the United States,
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- (i) the customs territory of the United States, which
- includes the 50 states, the District of Columbia
- and Puerto Rico,
-
- (ii) the foreign trade zones located in the United
- States and Puerto Rico, and
-
- (iii) any areas beyond the territorial seas of the
- United States within which, in accordance
- with international law and its domestic laws,
- the United States may exercise rights with
- respect to the seabed and subsoil and their
- natural resources.
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-