Existing Measures: Merchant Marine Act of 1920, §§ 19 and 27, 46 U.S.C. §§ 12101, 12118, 12120, 12132, 12139, 12151, 42101-42109, 55102, 55105-55110, 55115-55119, 58108
Waiver of the Navigation and Vessel-Inspection Laws, 46 U.S.C. § 501
Shipping Act of 1916, 46 U.S.C. §§ 50501, 56101, 57109, 50111
Merchant Marine Act of 1936, 46 U.S.C. §§ 109, 114, 50111, 50501, 53101 note, 53301-53312, 53501-53517, 53701-53718, 53721-53725, 53731-53735, 55304-55305, 57101-57104, 57301-57308
Merchant Ship Sales Act of 1946, 50 U.S.C. App. 1738
46 U.S.C. §§ 55109, 55111, 55118, 60301-60302, 60304-60306, 60312, 80104
46 U.S.C. §§ 12101 et seq., 12112, 12121, and 31301 et seq.
46 U.S.C. § 8904
Passenger Vessel Services Act, 46 U.S.C. § 55103
42 U.S.C. §§ 9601 et seq.; 33 U.S.C. §§ 2701 et seq.; 33 U.S.C. §§ 1251 et seq.
46 U.S.C. §§ 3301 et seq., 3701 et seq., 8103, and 12107(b)
The Foreign Shipping Practices Act of 1988, 46 U.S.C. §§ 306, 41108, 42101, 42301-42307
Merchant Marine Act, 1920, 46 U.S.C. §§ 50101, 50302, 53101 note, 57108
Shipping Act of 1984, 46 U.S.C. §§ 305-306, 40101 note, 40101-40104, 40301-40307, 40501-40503, 40701-40706, 40901-40904, 41101-41109, 41301-41309, 42101, 42301-42307
Exports of Alaskan North Slope Oil, 104 P. L. 58, Title II; 109 Stat. 557, 560-63; codified at 30 U.S.C. §§ 185(s), 185 note
Limitations on performance of longshore work by alien crewmen, 8 U.S.C. § 1288
Maritime Transportation Security Act of 2002, P. L. 107-295, § 404; 116 Stat. 2064, 2114-15, codified at 46 U.S.C. § 55112
Nicholson Act, 46 U.S.C. §55114
Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987, P. L. 100-239; 101 Stat. 1778, codified in part at 46 U.S.C. §§ 108, 2101, 2101 note, 12113
43 U.S.C. § 1841
22 U.S.C. § 1980
46 U.S.C. § 9302, 46 U.S.C. § 8502; Agreement Governing the Operation of Pilotage on the Great Lakes, Exchange of Notes at Ottawa, August 23, 1978, and March 29, 1979, TIAS 9445
Magnuson Fishery Conservation and Management Act, 16 U.S.C. §§ 1801 et seq.
Equipment and Repair of Vessels, 19 U.S.C. § 1466
North Pacific Anadromous Stocks Act of 1992, P. L. 102-567; Oceans Act of 1992, P. L. 102-587
Tuna Convention Act, 16 U.S.C. §§ 951 et seq.
South Pacific Tuna Act of 1988, 16 U.S.C. §§ 973 et seq.
Northern Pacific Halibut Act of 1982, 16 U.S.C. §§ 773 et seq.
Atlantic Tunas Convention Act, 16 U.S.C. §§ 971 et seq.
Antarctic Marine Living Resources Convention Act of 1984, 16 U.S.C. §§ 2431 et seq.
Pacific Salmon Treaty Act of 1985, 16 U.S.C. §§ 3631 et seq.
American Fisheries Act, 46 U.S.C. § 12113 and 46 U.S.C. § 31322
Sector: Land Transportation
Sub-Sector:
Obligations Concerned: National Treatment (Article 15.3) Most-Favored-Nation Treatment (Article 15.4) Local Presence (Article 15.6)
Description: Cross Border Trade in Services
Notwithstanding the entry at ANNEX I – UNITED STATES – 9, the United States reserves the right to adopt or maintain limitations on grants of authority for persons of Mexico to provide cross-border long-haul truck services in the territory of the United States outside the border commercial zones if the United States determines that limitations are required to address material harm or the threat of material harm to U.S. suppliers, operators, or drivers. (1) The United States may only adopt such limitations on existing grants of authority if it determines that a change in circumstances warrants the limitation (2) and if the limitation is required to address material harm. (3) The Parties shall meet no later than five years after the entry into force of this agreement to exchange views on the operation of this entry.
Existing Measures:
Sector: Betting and Gambling
Sub-Sector:
Obligations Concerned: National Treatment (Articles 14.4 and 15.3) Performance Requirements (Article 14.10) Senior Management and Boards of Directors (Article 14.11) Market Access (Article 15.5) Local Presence (Article 15.6)
Description: Investment and Cross-Border Trade in Services
The United States reserves the right to adopt or maintain any measure relating to betting and gambling services.
Existing Measures:
Sector: All
Sub-Sector:
Obligations Concerned: Market Access (Article 15.5)
Description: Cross-Border Trade in Services
The United States reserves the right to adopt or maintain any measure that is not inconsistent with the United States’ obligations under Article XVI of the General Agreement on Trade in Services as set out in the U.S. Schedule of Specific Commitments under the GATS (GATS/SC/90, GATS/SC/90/Suppl.1, GATS/SC/90/Suppl.2, and GATS/SC/90/Suppl.3).
For purposes of this entry only, the U.S. Schedule of Specific Commitments is modified as indicated in Appendix II-A.
Existing Measures:
Sector: All
Sub-Sector:
Obligations Concerned: Most-Favored-Nation Treatment (Articles 14.5 and 15.4)
Description: Investment and Cross-Border Trade in Services
The United States reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement.
The United States reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed after the date of entry into force of this Agreement involving:
(a) aviation;
(b) fisheries; or
(c) maritime matters, including salvage.
Existing Measures:
APPENDIX II-A. United States
For the following Sectors, U.S. obligations under Article XVI of the GATS as set out in the U.S. Schedule of Specific Commitments under the GATS (GATS/SC/90, GATS/SC/90/Suppl. 1, GATS/SC/90/Suppl.2, and GATS/SC/90/Suppl.3) are improved as described.
| Sector/Subsector | Market Access Improvements |
| Foreign Legal Consulting Services | Insert new commitments for the following states: Louisiana, New Mexico: No limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section”. Arizona, Indiana, Massachusetts, North Carolina, Utah: No limitations modes 1-2; for mode 3 “in-state law office required”, and mode 4 “Unbound, except as indicated in the horizontal section. Additionally, an in-state law office required”. Missouri: No limitations modes 1-2; for mode 3 “Association with in-state law office required”, and mode 4 “Unbound, except as indicated in the horizontal section. Additionally, association with an in-state law office required”. |
| Accounting, Auditing, and Bookkeeping Services | Modify mode 3 limitation as follows: Sole proprietorships or partnerships are limited to persons licensed as accountants. Modify mode 4 limitation as follows: In addition, an in‑state office must be maintained to receive a license to perform audits in. |
| Engineering Services. Integrated Engineering Services | Replace existing description of Mode 4 with “Unbound, except as indicated in the horizontal section”. |
| Research and development services: R&D services on natural sciences, social sciences and humanities, and interdisciplinary R&D services, excluding R&D financed in whole or in part by public funds | Insert new commitments with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section”. |
| Technical testing and analysis services, other than government-mandated services or services financed in whole or in part by public funds | Insert new commitments with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section”. |
| Other business services: Other | Insert new commitments for “Other” under “Other business services” with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section”. |
| Express Delivery Services | Insert new commitments with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section”. |
| Other Delivery Services | Insert new commitments with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section”. |
| Multi-channel video services over provider-owned cable systems | Insert new commitments with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section”. |
| Information services (the offering of a capability for generating, acquiring, storing transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing) | Insert new commitments with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section”. |
| Higher Education Services (except flying instruction) (4) | Insert new commitments with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section”. |
| Motion Picture & Video Tape Home Video Entertainment Production and Distribution. Promotion or advertising services. Motion picture or video tape (5) production services. Motion picture or video tape distribution services. Other services in connection with motion pictures and video tape (5) production and distribution. Motion Picture Projection Services. Radio and Television Services. Radio and Television Distribution Services. Other services in connection with motion pictures and video tape (5) production and distribution (6) | Insert commitments according to this revised classification with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section”. |
| Environmental Services.Wastewater Management, excluding Water for Human Use (Wastewater services (contracted by private industry)). Solid/hazardous waste management (contracted by private industry). Refuse disposal services. Sanitation and Similar Services. Protection of ambient air and climate (Services to reduce exhaust gases and other emissions to improve air quality). Remediation and cleanup of soil and water (Treatment, remediation of contaminated/ polluted soil and water). Noise and vibration abatement (Noise abatement services). Protection of biodiversity and landscape (Nature and landscape protection services). Other environmental and ancillary services (Other services not classified elsewhere) | Insert commitments according to this revised classification with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section”. |
| Physical well-being services (7) (8) | Insert new commitments with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section”. |
| Road freight transport | Insert new commitments for domestic transportation with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section”. |
| Cargo-handling services, Storage and warehouse services, and Freight transport agency services, except maritime or air transport services | Insert new commitments with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section”. |
ANNEX II. SCHEDULE OF CANADA
Reservation II-C-1
Sector: Aboriginal Affairs
Sub-sector:
Obligations Concerned: National Treatment (Articles 14.4 and 15.3) Most-Favored-Nation Treatment (Articles 14.5 and 15.4) Performance Requirements (Article 14.10) Senior Management and Boards of Directors (Article 14.11) Local Presence (Article 15.6)
Description: Investment and Cross-Border Trade in Services
Canada reserves the right to adopt or maintain measures conferring rights or preferences to aboriginal peoples. For greater certainty, Canada reserves the right to adopt and maintain measures related to the rights recognized and affirmed by section 35 of the Constitution Act, 1982 or those set out in self-government agreements between a central or regional level of government and indigenous peoples.
Existing Measures: Constitution Act, 1982, being Schedule B of the Canada Act 1982 (U.K.), 1982, c. 11 as well as land claims agreements and self-government agreements that have been implemented by statute.
Reservation II-C-2
Sector: All Sectors
Sub-sector:
Obligations Concerned: National Treatment (Article 14.4)
Description: Investment
Canada reserves the right to adopt or maintain a measure relating to residency requirements for the ownership of oceanfront land by an investor of a Party or its investments.
Existing Measures:
Reservation II-C-3
Sector: Fisheries
Sub-sector: Fishing and Services Incidental to Fishing
Obligations Concerned: National Treatment (Articles 14.4 and 15.3) Most-Favored Nation Treatment (Articles 14.5 and 15.4)
Description: Investment and Cross-Border Trade in Services
Canada reserves the right to adopt or maintain any measure with respect to licensing fishing or fishing related activities, including entry of foreign fishing vessels to Canada's exclusive economic zone, territorial sea, internal waters or ports, and use of any services therein.
Existing Measures: Fisheries Act, R.S.C. 1985, c. F14
Coastal Fisheries Protection Act, R.S.C. 1985, c.33
Coastal Fisheries Protection Regulations, C.R.C. 1978, c. 413
Commercial Fisheries Licensing Policy
Policy on Foreign Investment in the Canadian Fisheries Sector, 1985
Reservation II-C-4
Sector: Government Finance
Sub-sector: Securities
Obligations Concerned: National Treatment (Article 14.4)
Description: Investment
Canada reserves the right to adopt or maintain a measure relating to the acquisition, sale or other disposition by a national of a Party of bonds, treasury bills, or other kinds of debt securities issued by the Government of Canada or a Canadian sub-national government.
Existing Measures: Financial Administration Act, R.S.C. 1985, c. F-11
Reservation II-C-5
Sector: Minority Affairs
Sub-sector:
Obligations Concerned: National Treatment (Articles 14.4 and 15.3) Performance Requirements (Article 14.10) Senior Management and Boards of Directors (Article 14.11) Local Presence (Article 15.6)
Description: Investment and Cross-Border Trade in Services
Canada reserves the right to adopt or maintain a measure conferring rights or privileges to a socially or economically disadvantaged minority.
Existing Measures:
Reservation II-C-6
Sector: Social Services
Sub-sector:
Obligations Concerned: National Treatment (Articles 14.4 and 15.3) Most-Favored-Nation Treatment (Articles 14.5 and 15.4) Performance Requirements (Article 14.10) Senior Management and Boards of Directors (Article 14.11) Local Presence (Article 15.6)
Description: Investment and Cross-Border Trade in Services
Canada reserves the right to adopt or maintain a measure with respect to the supply of public law enforcement and correctional services, as well as the following services to the extent they are social services established or maintained for a public purpose: income security or insurance, social security or insurance, social welfare, public education, public training, health, and child care.
Existing Measures:
Reservation II-C-7
Sector: Transportation
Sub-sector: Water Transportation
Obligations Concerned: National Treatment (Articles 14.4 and 15.3) Most-Favored-Nation Treatment (Articles 14.5 and 15.4) Performance Requirements (Article 14.10) Senior Management and Boards of Directors (Article 14.11) Local Presence (Article 15.6)
Description: Investment and Cross-Border Trade in Services
Canada reserves the right to adopt or maintain a measure affecting the investment in or supply of marine cabotage services, including:
(a) the transportation of goods or passengers by vessel between points in the territory of Canada or above the continental shelf of Canada, directly or by way of a place outside Canada; but with respect to waters above the continental shelf of Canada, the transportation of goods or passengers only in relation to the exploration, exploitation or transportation of the mineral or non-living natural resources of the continental shelf of Canada; and
(b) the engaging by vessel in any other marine activity of a commercial nature in the territory of Canada and, with respect to waters above the continental shelf, in such other marine activities of a commercial nature that are in relation to the exploration, exploitation or transportation of the mineral or non-living natural resources of the continental shelf of Canada.
This reservation relates to, among other things, limitations and conditions for services suppliers entitled to participate in these activities, to criteria for the issuance of a temporary cabotage license to foreign vessels, and to limits on the number of cabotage licenses issued to foreign vessels.
For greater certainty, this reservation applies, among other things, to marine activities of a commercial nature undertaken by or from a vessel, including feeder services and repositioning of empty containers.
Existing Measures: Coasting Trade Act, S.C. 1992, c. 31
Canada Shipping Act, S.C. 2001, c.26
Customs Act, R.S.C. 1985, c.1 (2nd Supp.)
Customs and Excise Offshore Application Act, R.S.C. 1985, c. C-53
Reservation II-C-8
Sector: Transportation
Sub-Sector: Water Transportation
Obligations Concerned: Most-Favored-Nation Treatment (Article 15.4)
Description: Cross-Border Trade in Services
Canada reserves the right to adopt or maintain a measure relating to the implementation of an agreement, arrangement, or other formal or informal undertaking with other countries with respect to maritime activities in waters of mutual interest in areas such as pollution control (including double hull requirements for oil tankers), safe navigation, barge inspection standards, water quality, pilotage, salvage, drug abuse control, or maritime communications.