Chapter Two

General Definitions

Article 201: Definitions of General Application

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

covered service means a service as defined in Article1408;

enterprise means any juridical entity involving a financial commitment for the purpose of commercial gain;

existing means in effect at the time of the entry into force of this Agreement;

goods of a Party means domestic products as these are understood in the General Agreement on Tariffs and Trade;

Harmonized System means the Harmonized Commodity Description and Coding System, as amended from time to time, published by the Customs Cooperation Council;

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

national means an individual who is a citizen or permanent resident of a Party and also includes, for the United States of America, "national of the United States" as defined in the existing provisions of the United States Immigration and Nationality Act;

new means subsequent to the entry into force of this Agreement;

originating means qualifying under the rules of origin set out in Chapter Three;

person means a national or an enterprise;

person of a Party means a national, or an enterprise constituted under the laws of, or principally carrying on its business within, the territory of the Party;

province means a province of Canada, and includes the Yukon Territory and the Northwest Territories and their successors;

service includes a covered service;

state means a state of the United States of America, and the District of Columbia;

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, and,

b) with respect to the United States of America,

i) the customs territory of the United States of America, which includes the fifty states, the District of Columbia and Puerto Rico,

ii) the foreign trade zones located in the United States of America and Puerto Rico, and

iii) any areas beyond the territorial seas of the United States of America within which, in accordance with international law and its domestic laws, the United States of America may exercise rights with respect to the seabed and subsoil and their natural resources;

third country means any country other than Canada or the United States of America or any territory not a part of the territory of either Party; and

transition period means the period from the date of entry into force of this Agreement to either December 31, 1998 or such earlier date as the Parties may agree.

2. For purposes of this Agreement, unless otherwise specified, a reference to province or state includes local governments.