Level of Government: Central
Measures: Roads, Bridges and Federal Road Transport Law (Ley de Caminos, Puentes y Autotransporte Federal), Title I, Chapter III.
Regulations to the Enjoyment of the Right of Way of the Federal Roads and Surrounding Zones (Reglamento para el Aprovechamiento del Derecho de Vía de las Carreteras Federales y Zonas Aledañas), Chapters II and IV.
Regulations to the Federal Road Transport and Auxiliary Services (Reglamento de Autotransporte Federal y Servicios Auxiliares), Chapter I.
Description: Cross-Border Trade in Services
A permit issued by the SCT is required to establish, or operate, a bus or truck station or terminal. Only a Mexican national or a Mexican enterprise may obtain such a permit.
To obtain such permit the interested party must prove that it has its domicile in Mexico.
Sector: Transportation
Sub-Sector: Land transportation
Industry Classification: CMAP 973102 Management Services of Roads, Bridges and Auxiliary Services
Obligations Concerned: National Treatment (Article 15.3) Local Presence (Article 15.6)
Level of Government: Central
Measures: Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Article 32.
Roads, Bridges and Federal Road Transport Law (Ley de Caminos, Puentes y Autotransporte Federal), Title I, Chapter III.
Regulations to the Federal Road Transport and Auxiliary Services (Reglamento de Autotransporte Federal y Servicios Auxiliares), Chapters I and V.
Description: Cross-Border Trade in Services
A permit granted by the SCT is required to provide auxiliary services to federal road transportation. Only a Mexican national or a Mexican enterprise may obtain such a permit.
For greater certainty, auxiliary services are not part of federal road transportation of passengers, tourism, or cargo, but they complement their operation and exploitation.
Sector: Transportation
Sub-Sector: Land transportation
Industry Classification: CMAP 711201 Construction Materials Transport Services
CMAP 711202 Moving Services
CMAP 711203 Other Specialized Freight Transport Services
CMAP 711204 General Freight Transport Services
CMAP 711311 Long-Distance Passenger Bus and Coach Transport Services
CMAP 711318 School and Tourist Transport Services (limited to tourist transport services)
CMAP 720002 Courier services
Obligations Concerned: National Treatment (Article 14.4 and Article 15.3) Local Presence (Article 15.6)
Level of Government: Central
Measures: Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter II.
Roads, Bridges and Federal Road Transport Law (Ley de Caminos, Puentes y Autotransporte Federal), Title I, Chapter I and III.
Regulations to the Federal Road Transport and Auxiliary Services (Reglamento de Autotransporte Federal y Servicios Auxiliares), Chapter I.
As qualified by the Description element.
Description: Investment and Cross-Border Trade in Services
An investor of another Party or its investments may not own, directly or indirectly, an ownership interest in an enterprise established or to be established in the territory of Mexico, engaged in transportation services of domestic cargo between points in the territory of Mexico, except for parcel and courier services.
A permit issued by the SCT is required to supply a road transportation service of cargo, passengers, or tourism.
An investor of another Party or its investments may own up to 100 percent of the ownership interest in an enterprise established or to be established in the territory of Mexico to supply an inter-city bus service, a tourist transportation service or a road transportation service of international cargo between points in the territory of Mexico.
Only a Mexican national or a Mexican enterprise with a foreigners’ exclusion clause, using Mexican registered equipment that is Mexican-built or legally imported, and drivers who are Mexican nationals, may supply a road transportation service of domestic cargo services between points in the territory of Mexico.
A permit issued by the SCT is required to supply parcel and courier services. Only a Mexican national and a Mexican enterprise may supply such services.
Sector: Transportation
Sub-Sector:Railway transportation services
Industry Classification: CMAP 711101 Transport Services Via Railway (limited to railway crew)
Obligations Concerned: National Treatment (Article 15.3)
Level of Government: Central
Measures: Federal Labor Law (Ley Federal del Trabajo), Title VI, Chapter V.
Description: Cross-Border Trade in Services
Railway crew members must be Mexican nationals.
Sector:Transportation
Sub-Sector: Land transportation
Industry Classification: CMAP 711312 Urban and Suburban Passenger Bus and Coach Transport Services
CMAP 711315 Motor Vehicle Taxi Transport Services
CMAP 711316 Motor Vehicle Fixed Route Transport Services
CMAP 711317 Transport Services in Motor Vehicles from Taxi-Ranks
CMAP 711318 School and Tourist Transport Services (limited to school transport services)
Obligations Concerned: National Treatment (Article 14.4 and Article15.3)
Level of Government: Central
Measures: Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter II.
General Means of Communication Law (Ley de Vías Generales de Comunicación), Book I, Chapters I and II.
Roads, Bridges and Federal Road Transport Law (Ley de Caminos, Puentes y Autotransporte Federal), Title I, Chapter III.
Regulations to the Federal Road Transport and Auxiliary Services (Reglamento de Autotransporte Federal y Servicios Auxiliares), Chapter I.
Description: Investment and Cross-Border Trade in Services
Only a Mexican national or a Mexican enterprise with a foreigners’ exclusion clause may supply local urban and suburban passenger bus services, school bus services, and taxi and other collective transportation services.
Sector: Communications
Sub-Sector: Entertainment services (Cinema)
Industry Classification: CMAP 941103 Private Exhibition of Films
Obligations Concerned: Most-Favored-Nation Treatment (Article 14.5 and Article 15.4) National Treatment (Article 15.3)
Level of Government: Central
Measures: Federal Cinematography Law (Ley Federal de Cinematografía), Chapter III.
Regulations to the Federal Cinematography Law (Reglamento de la Ley Federal de Cinematografía), Chapter V.
Description: Investment and Cross-Border Trade in Services
Exhibitors shall reserve 10 percent of the total screen time to the projection of national films.
Sector: All
Sub-Sector:
Industry Classification:
Obligations Concerned: National Treatment (Article 14.4 and Article 15.3) Most-Favored-Nation Treatment (Article 14.5 and Article 15.4) Performance Requirements (Article 14.10) Senior Management and Boards of Directors (Article 14.11) Local Presence (Article 15.6)
Level of Government: Regional
Measures: All existing non-conforming measures of all states of the United Mexican States.
Description: Investment and Cross-Border Trade in Services
ANNEX I. SCHEDULE OF THE UNITED STATES
INTRODUCTORY NOTE
1. Description provides a general, nonbinding description of the measure for which the entry is made.
2. In accordance with Articles 14.12 (Non-Conforming Measures) and 15.7 (Non- Conforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the non-conforming aspects of the law, regulation, or other measure identified in the Measures element of that entry.
Sector: Atomic Energy
Sub-Sector:
Obligations Concerned: National Treatment (Article 14.4)
Level of Government: Central
Measures:Atomic Energy Act of 1954, 42 U.S.C. §§ 2011 et seq.
Description: Investment
A license issued by the United States Nuclear Regulatory Commission is required for any person in the United States to transfer or receive in interstate commerce, manufacture, produce, transfer, use, import, or export any nuclear “utilization or production facilities” for commercial or industrial purposes. Such a license may not be issued to any entity known or believed to be owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government (42 U.S.C. § 2133(d)). A license issued by the United States Nuclear Regulatory Commission is also required for nuclear “utilization and production facilities”, for use in medical therapy, or for research and development activities. The issuance of such a license to any entity known or believed to be owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government is also prohibited (42 U.S.C. § 2134(d)).
Sector: Business Services
Sub-Sector:
Obligations Concerned: National Treatment (Article 15.3) Local Presence (Article 15.6)
Level of Government:Central
Measures: Export Trading Company Act of 1982, 15 U.S.C. §§ 4011-4021Export Trade Certificates of Review, 15 C.F.R. Part 325
Description: Cross-Border Trade in Services
Title III of the Export Trading Company Act of 1982 authorizes the Secretary of Commerce to issue “certificates of review” with respect to export conduct. The Act provides for the issuance of a certificate of review where the Secretary determines, and the Attorney General concurs, that the export conduct specified in an application will not have the anticompetitive effects proscribed by the Act. A certificate of review limits the liability under federal and state antitrust laws in engaging in the export conduct certified.
Only a “person” as defined by the Act can apply for a certificate of review. “Person” means “an individual who is a resident of the United States; a partnership that is created under and exists pursuant to the laws of any State or of the United States; a State or local government entity; a corporation, whether organized as a profit or nonprofit corporation, that is created under and exists pursuant to the laws of any State or of the United States; or any association or combination, by contract or other arrangement, between such persons”.
A foreign national or enterprise may receive the protection provided by a certificate of review by becoming a “member” of a qualified applicant. The regulations define “member” to mean “an entity (U.S. or foreign) that is seeking protection under the certificate with the applicant. A member may be a partner in a partnership or a joint venture; a shareholder of a corporation; or a participant in an association, cooperative, or other form of profit or nonprofit organization or relationship, by contract or other arrangement”.
Sector: Business Services
Sub-Sector:
Obligations Concerned: National Treatment (Article 15.3) Local Presence (Article 15.6)
Level of Government: Central
Measures: Export Administration Act of 1979, as amended, 50 U.S.C. App. §§ 2401-2420International Emergency Economic Powers Act, 50 U.S.C. §§ 1701-1706Export Administration Regulations, 15 C.F.R. Parts 730-774Export Control Reform Act of 2018, Pub. L. 115-232, Title 17, subtitle B, 132 Stat. 2208 (2018)
Description: Cross-Border Trade in Services
Certain exports and re-exports of commodities, software, and technology subject to the Export Administration Regulations require a license from the Bureau of Industry and Security, U.S. Department of Commerce (BIS). Certain activities of U.S. persons, wherever located, also require a license from BIS. An application for a license must be made by a person in the United States.
In addition, release of controlled technology to a foreign national in the United States is deemed to be an export to the home country of the foreign national and requires the same written authorization from BIS as an export from the territory of the United States.
Sector: Mining
Sub-Sector:
Obligations Concerned: National Treatment (Article 14.4) Most-Favored-Nation Treatment (Article 14.5)
Level of Government: Central
Measures: Mineral Lands Leasing Act of 1920, 30 U.S.C. Chapter 3A10 U.S.C. § 7435
Description: Investment
Under the Mineral Lands Leasing Act of 1920, aliens and foreign corporations may not acquire rights-of-way for oil or gas pipelines, or pipelines carrying products refined from oil and gas, across on-shore federal lands or acquire leases or interests in certain minerals on on-shore federal lands, such as coal or oil. Non-U.S. citizens may own a 100 percent interest in a domestic corporation that acquires a right-of-way for oil or gas pipelines across on-shore federal lands, or that acquires a lease to develop mineral resources on on-shore federal lands, unless the foreign investor’s home country denies similar or like privileges for the mineral or access in question to U.S. citizens or corporations, as compared with the privileges it accords to its own citizens or corporations or to the citizens or corporations of other countries (30 U.S.C. §§ 181, 185(a)).
Nationalization is not considered to be denial of similar or like privileges.
Foreign citizens, or corporations controlled by them, are restricted from obtaining access to federal leases on Naval Petroleum Reserves if the laws, customs, or regulations of their country deny the privilege of leasing public lands to citizens or corporations of the United States (10 U.S.C. § 7435).
Sector: All Sectors
Sub-Sector:
Obligations Concerned: National Treatment (Article 14.4) Most-Favored-Nation Treatment (Article 14.5)
Level of Government: Central
Measures:22 U.S.C. §§ 2194 and 2198(c)
Description: Investment
Overseas Private Investment Corporation (OPIC) programs are not available to non-U.S. citizens as individuals. The availability of these programs to foreign enterprises and foreign owned or controlled domestic enterprises depends upon the extent of U.S. ownership or other U.S. participation, as well as the form of business organization.
OPIC insurance and loan guaranties are available only to eligible investors, which are: (i) United States citizens; (ii) corporations, partnerships, or other associations, including non-profit associations, created under the laws of the United States, any state or territory thereof, or the District of Columbia, and substantially beneficially owned by United States citizens; and (iii) foreign partnerships or associations 100 percent owned, or foreign corporations at least 95 percent owned, by one or more such United States citizens, corporations, partnerships, or associations.
OPIC may issue insurance to investors not otherwise eligible in connection with arrangements with foreign governments (including agencies, instrumentalities, or political subdivisions thereof) or with multilateral organizations and institutions, such as the Multilateral Investment Guarantee Agency, for sharing liabilities assumed under such investment insurance, except that the maximum share of liabilities so assumed may not exceed the proportionate participation by eligible investors in the project.
Sector: Air Transportation
Sub-Sector:
Obligations Concerned: National Treatment (Article 14.4) Most-Favored-Nation Treatment (Article 14.5) Senior Management and Boards of Directors (Article 14.11)
Level of Government: Central
Measures: 49 U.S.C. Subtitle VII, Aviation Programs14 C.F.R. Part 297 (foreign freight forwarders); 14 C.F.R. Part 380, Subpart E (registration of foreign (passenger) charter operators)
Description: Investment
Only air carriers that are “citizens of the United States” may operate aircraft in domestic air service (cabotage) and may provide international scheduled and non-scheduled air service as U.S. air carriers.
U.S. citizens also have blanket authority to engage in indirect air transportation activities (air freight forwarding and passenger charter activities other than as actual operators of the aircraft). In order to conduct such activities, non-U.S. citizens must obtain authority from the Department of Transportation. Applications for such authority may be rejected for reasons relating to the failure of effective reciprocity, or if the Department of Transportation finds that it is in the public interest to do so.
Under 49 U.S.C. § 40102(a)(15), a citizen of the United States means an individual who is a U.S. citizen; a partnership in which each member is a U.S. citizen; or a U.S. corporation of which the president and at least two-thirds of the board of directors and other managing officers are U.S. citizens, which is under the actual control of U.S. citizens, and in which at least seventy-five percent of the voting interest in the corporation is owned or controlled by U.S. citizens.
Sector: Air Transportation
Sub-Sector:
Obligations Concerned: National Treatment (Articles 14.4 and 15.3) Most-Favored-Nation Treatment (Articles 14.5 and 15.4) Senior Management and Boards of Directors (Article 14.11)