Subsector: Transportation and Telecommunications
Industrial Classification: CMAP 7200 Communications (including services telecommunications and postal services) CMAP 71 Transportation
Obligations Affected: National Treatment (Article 11.4)
Level of government: Federal
Measures: Ports Law, Chapter IV. Railroad Service Regulatory Law, Chapter Il, Section III. Civil Aviation Law, Chapter Ill, Section Ill. Airport Law, Chapter IV. Law on Roads, Bridges and Federal Motor Transport, Title I, Chapter Ill. Federal Telecommunications Law; Chapter Ill, Section VI. Federal Radio and Television Law, Title Ill, Chapters I and Il. General Ways of Communication Act, Book I, Chapters III and V.
Description: Investment
Foreign governments and foreign state enterprises, or their investments, may not invest, directly or indirectly, in Mexican companies that provide services related to communications, transportation and other general means of communication.
15. Sector: Construction
Subsector:
Industrial Classification: CMAP 501322 Construction for the Conduit of Oil and Derivatives (limited to specialized contractors only) CMAP 503008 Perforation of Oil and Gas Wells Gas (limited to specialized contractors)
Obligations Affected: National Treatment (Article 11.4)
Level of government: Federal
Measures: Political Constitution of the United Mexican States, Article 27. Regulatory Law of Article 27 of the Mexican Constitution in the Oil Industry, Articles 2, 3, 4 and 6. Foreign Investment Law, Title I, Chapter Ill. Regulation of the Regulatory Law of Article 27 of the Mexican Constitution in the Oil Industry, Chapters I, V, IX and XIl.
Description: Investment
Risk-sharing contracts are prohibited.
A favorable resolution of the National Commission on Foreign Investment (CNIE) is required for an investor of the other Party or its investments to acquire, directly or indirectly, more than 49 percent of the participation in companies established or to be established in the territory of Mexico involved in contracts other than risk-sharing contracts, related to exploration and drilling of oil and gas wells and the construction of means for the transportation of oil and its derivatives. (See also List of Mexico, Annex Ill (Activities of the National Commission on Foreign Investment Reserved to the State).
16. Sector: Educational Services
Subsector: Private Schools
Industrial Classification: WCPA 921 101Private Education Services Preschool CMAP 921102 Private Education Services Primary CMAP 921103 Private Education Services Secondary CMAP 921104 Private Education Services Upper Middle School CMAP 921105 Private Education Services Superior CMAP 921106 Private Educational Services that Combine preschool, elementary, middle school, junior high, high school and high school levels.
Obligations Affected: National Treatment (Article 11.4)
Level of government: Federal
Measures: Foreign Investment Law, Title I, Chapter Ill. Law for the Coordination of Higher Education, Chapter II. General Education Law, Chapter Ill.
Description: Investment
A favorable resolution of the National Foreign Investment Commission (CNIE) is required for investors of the other Party or their investments to acquire, directly or indirectly, more than 49 percent of the equity interest in an enterprise established or to be established in the territory of Mexico that provides private preschool, elementary, secondary, middle, high school, higher and combined education services.
17. Sector: Energy
Subsector: Petroleum Products
Industrial Classification:CMAP 623050 Retail Trade of Liquefied Gas Fuel
Obligations Affected: National Treatment (Article 11.4)
Level of government: Federal
Measures: Foreign Investment Law, Title I, Chapter Il.Regulatory Law of Article 27 of the Mexican Constitution in the Oil Industry. Regulation of the Regulatory Law of Article 27 of the Mexican Constitution in the Oil Industry, Chapters I, VII, IX and XIl. Liquefied Petroleum Gas Regulation, Chapters I, III, V and Xl.
Description: Investment
Only Mexican nationals and Mexican companies with a foreigner exclusion clause may distribute liquefied petroleum gas.
18. Sector: Energy
Subsector: Petroleum Products
Industrial Classification: CMAP 623090 Retail Trade of Others Articles and Products Not Elsewhere Classified (limited to distribution, transportation and storage of natural gas).
Obligations Affected: Local Presence (Article 12.5) Market Access (Article 12.6)
Level of government: Federal
Measures: Regulatory Law of Article 27 of the Mexican Constitution in the Oil Industry. Regulation of the Regulatory Law of Article 27 of the Mexican Constitution in the Oil Industry, Chapters I, VII, IX and XIl. Natural Gas Regulations, Chapters I, Ill, IV and V.
Description: Cross-Border Trade in Services
A permit granted by the Energy Regulatory Commission is required to provide natural gas distribution, transportation and storage services. Only social sector companies and corporations may obtain such permit.
19. Sector: Energy
Subsector: Petroleum Products
Industrial Classification: CMAP 626000 Retail Gasoline and Gasoline Retail Trade Diesel (including lubricants, oils, and additives for sale at gas stations)
Obligations Affected: National Treatment (Article 11.4)
Level of government: Federal
Measures: Foreign Investment Law, Title I, Chapter Il. Regulatory Law of Article 27 of the Mexican Constitution in the Oil Industry. Regulation of the Regulatory Law of Article 27 of the Mexican Constitution in the Oil Industry, Chapters |, Il, III, V, VII, IX and XIl.
Description: Investment
Only Mexican nationals and Mexican companies with a foreigner exclusion clause may engage in the retail sale of gasoline, or acquire, establish or operate gas stations for the distribution or retail sale of gasoline, diesel, lubricants, oils or additives.
20. Sector: Energy
Subsector: Petroleum Products (supply of fuel and lubricants for aircraft, ships and railroad equipment)
Industrial Classification:
Obligations Affected: National Treatment (Article 11.4)
Level of government: Federal
Measures: Foreign Investment Law, Title II, Chapter Ill.
Description: Investment
Investors of the other Party or their investments may only participate, directly or indirectly, up to 49 percent of the capital of a Mexican company that supplies fuels and lubricants for aircraft, vessels and railroad equipment.
21. Sector: Fishing
Subsector: Fishing
Industrial Classification: CMAP 130011 Offshore Fisheries CMAP 130012 Coastal Fisheries CMAP 130013 Freshwater Fisheries
Obligations Affected: National Treatment (Article 11.4) Most-Favored-Nation Treatment (Article 11.5)
Level of government: Federal
Measures: Fisheries Law, Chapters I, Il and IV. Maritime Navigation and Commerce Law, Title Il, Chapter I. Federal Law of the Sea, Title I, Chapters I and Ill. National Waters Law, Title I, and Title IV, Chapter I. Foreign Investment Law, Title I, Chapter Ill. Regulation of the Fisheries Law, Chapters I, Il, Ill, V, VI, IX and XV.
Description: Investment
Investors of the other Party or their investments may only acquire, directly or indirectly, up to 49 percent of the participation in an enterprise established or to be established in the territory of Mexico, which carries out fishing in fresh water, coastal and in the exclusive economic zone, not including aquaculture.
A favorable resolution of the National Foreign Investment Commission (CNIE) is required for investors of the other Party or their investments to acquire, directly or indirectly, more than 49 percent of the participation in an enterprise established or to be established in the territory of Mexico that carries out the following activities: deep sea fishing.
22. Sector: Goods Manufacturing
Subsector: Explosives, Fireworks, Firearms and Cartridges
Industrial Classification: CMAP 352236 Manufacturing of Explosives and Artificial Fires CMAP 382208 Manufacturing of Firearms and Cartridges
Obligations Affected: National Treatment (Article 11.4)
Level of government: Federal
Measures: Foreign Investment Law, Title I, Chapter Ill.
Description: Investment
Investors of the other Party or their investments may only acquire, directly or indirectly, up to 49 percent of the equity interest in an enterprise established or to be established in the territory of Mexico that manufactures explosives, fireworks, firearms, cartridges, etc., in the territory of Mexico, and ammunition. excluding the production of explosive mixtures for industrial and extractive activities.
23. Sector: Printing, Publishing and Allied Industries
Subsector: Publication of Newspapers
Industrial Classification: CMAP 342001 Edition of Newspapers and Magazines (limited to newspapers)
Obligations Affected: National Treatment (Article 11.4)
Level of government: Federal
Measures: Foreign Investment Law, Title I, Chapter Ill.
Description: Investment
Investors of the other Party or their investments may only acquire, directly or indirectly, up to 49 percent of the participation in companies established or to be established in the territory of Mexico that print or publish newspapers written exclusively for the Mexican public and to be distributed in the territory of Mexico.
24. Sector: Professional, Technical and Specialized Services
Subsector: Physicians
Industrial Classification: CMAP 9231 Medical, Dental, and Dental Services Veterinary Services Provided by the Private Sector (limited to medical and dental services)
Obligations Affected: National Treatment (Article 12.4)
Level of government: Federal
Measures: Federal Labor Law, Chapter I.
Description: Cross-Border Trade in Services
Only Mexican nationals with a license to practice medicine in the territory of Mexico may be hired to provide medical services to Mexican personnel of Mexican companies.
25. Sector: Professional, Technical and Specialized Services
Subsector: Professional Services
Industrial Classification: CMAP 9510 Provision of Professional Services, Technical and Specialized (limited to professional services)
Obligations Affected: Most-Favored-Nation Treatment (Article 12.3) National Treatment (Article 12.4) Local Presence (Article 12.5)
Level of government: Federal
Measures: Regulatory Law of Article 5 of the Mexican Constitution, regarding the Practice of Professions in the Federal District, Chapter Ill, Section Ill, and Chapter V. Regulations of the Regulatory Law of Article 5 of the Constitution, Regarding the Practice of Professions in the Federal District, Chapter Ill. General Population Law, Chapter III.
Description: Cross-Border Trade in Services
Subject to the provisions of the international treaties to which Mexico is a party, foreigners may practice in the Federal District the professions established in the Regulatory Law of Article 5 of the Constitution regarding the Practice of Professions in the Federal District.
When there is no treaty on the matter, the professional practice of foreigners will be subject to reciprocity in the applicant's place of residence and to compliance with the other requirements established by Mexican laws and regulations.
Foreign professionals must have a domicile in Mexico.
Domicile shall be understood as the place used to hear and receive notifications and documents.
26. Sector: Professional, Technical and Specialized Services
Subsector: Specialized Services (Public Brokers)
Industrial Classification:
Obligations Affected: National Treatment (Articles 11.4 and 12.4) Local Presence (Article 12.5)
Level of government: Federal
Measures: Federal Public Brokerage Law, Articles 7, 8, 12 and 15. Regulations of the Federal Public Brokerage Law, Chapter I, and Chapter II, Sections I and II. Foreign Investment Law, Title I, Chapter Il.
Description: Investment and Cross-Border Trade in Services
Only Mexican nationals by birth may be authorized to practice as public brokers.
Public brokers may not associate with any person to provide public brokerage services.
Public brokers shall establish an office in the place where they have been authorized to practice.
27. Sector: Professional, Technical and Specialized Services
Subsector: Specialized Personnel
Industrial Classification: CMAP 951012 Customs Brokerage and Customs Brokerage Services Representation
Obligations Affected: National Treatment (Articles 11.4 and 12.4)
Level of government: Federal
Measures: Customs Law, Title Il, Chapters I and Ill, and Title VII, Chapter I. Foreign Investment Law, Title I, Chapter Il.
Description: Investment and Cross-Border Trade in Services
Only Mexicans by birth may be customs agents.
Only customs agents acting as consignees or agents of an importer or exporter, as well as customs agents, may carry out the procedures related to the clearance of the goods of such importer or exporter.
Investors of the other Party or their investments may not participate, directly or indirectly, in a customs agency.
28. Sector: Professional, Technical and Specialized Services
Subsector: Professional Services
Industrial Classification: CMAP 951002 Legal Services (includes foreign legal consultants)
Obligations Affected: National Treatment (Articles 11.4 and 12.4) Most-Favored-Nation Treatment (Articles 11.5 and 12.3)
Level of government: Federal
Measures: Regulatory Law of Article 5 of the Mexican Constitution, regarding the Practice of Professions in the Federal District, Chapter Ill, Section Ill, and Chapter V. Foreign Investment Law, Title I, Chapter Ill.
Description: Investment and Cross-Border Trade in Services
A favorable resolution of the National Foreign Investment Commission (CNIE) is required for investors of another Party or their investments to acquire, directly or indirectly, a percentage greater than 49 percent of the participation in an enterprise established or to be established in the territory of Mexico that provides legal services.
When there is no treaty on the matter, the professional practice of foreigners will be subject to reciprocity in the place of residence of the applicant and to the fulfillment of the other requirements established by Mexican law.
Except as set forth in this reservation, only attorneys licensed to practice in Mexico may participate in a law firm incorporated in the territory of Mexico.
Lawyers authorized to practice in the other Party may associate with lawyers authorized to practice in Mexico.
The number of lawyers authorized to practice in the other Party who are partners in a partnership in Mexico may not exceed the number of lawyers authorized to practice in Mexico who are partners in that partnership. Lawyers authorized to practice in the other Party may practice and give legal advice on Mexican law, provided they comply with the requirements for the practice of law in Mexico.
A law firm established by a partnership between lawyers licensed to practice in the other Party and lawyers licensed to practice in Mexico may hire as employees lawyers licensed to practice in Mexico.
29. Sector: Religious Services
Subsector:
Industrial Classification: WCPA 929001 Religious Organizational Services