Costa Rica reserves the right to adopt or maintain any measure that grants differential treatment to countries in accordance with:
(a) any bilateral or multilateral international treaty in force or entered into prior to the date of entry into force of this Agreement;
(b) any international treaty in force or entered into after the date of entry into force of this Agreement involving:
(i) air services;
(ii) fishing; and
(iii) maritime affairs, including salvage.
Measures in force:
2. Sector: Social Services
Subsector:
Industrial Classification:
Obligations Affected: National Treatment (Articles 11.4 and 12.4) Most-Favored-Nation Treatment (Articles 11.5 and 12.3) Local Presence (Article 12.5) Market Access (Article 12.6) Performance Requirements (Article 11.7) Senior Management and Boards of Directors (Article 11.8)
Description: Investment and Cross-Border Trade in Services
Costa Rica reserves the right to adopt or maintain any measure with respect to the enforcement of laws and the provision of social rehabilitation services as well as the following services, to the extent that they are social services that are established or maintained in the public interest: income insurance or security, social security services, social welfare, public education, public training, health, child care, public sewage services, and water supply services.
Measures in force:
3. Sector: Minority and Indigenous Affairs
Subsector:
Industrial Classification:
Obligations Affected: National Treatment (Articles 11.4 and 12.4) Most-Favored-Nation Treatment (Articles 11.5 and 12.3) Local Presence (Article 12.5) Market Access (Article 12.6) Performance Requirements (Article 11.7) Senior Management and Boards of Directors (Article 11.8)
Description: Investment and Cross-Border Trade in Services
Costa Rica reserves the right to adopt or maintain any measure that grants rights or preferences to disadvantaged social or economic groups or indigenous groups.
Measures in force:
4. Sector: Cultural Industries
Subsector:
Industrial Classification:
Obligations Affected: Most-Favored-Nation Treatment (Articles 11.5 and 12.3)
Description: Investment and Cross-Border Trade in Services
Costa Rica reserves the right to adopt or maintain any measure that grants differential treatment to countries under any existing or future bilateral or multilateral international treaty with respect to cultural industries, such as audiovisual cooperation treaties. For greater certainty, government support programs through subsidies for the promotion of cultural activities are not subject to the limitations or obligations of this Agreement.
Cultural industries means persons engaged in any of the following activities:
(a) publication, distribution or sale of books, magazines, periodicals, or printed or electronic newspapers, excluding the printing and typesetting of any of the foregoing;
(b) production, distribution, sale or exhibition of film or video recordings;
(c) production, distribution, sale or exhibition of audio or video recordings of music;
(d) production, distribution, or sale of machine- readable printed music; or
(e) radio stations for the general public, as well as all activities related to radio, television and cable transmission, satellite programming services and broadcasting networks.
Measures in force:
5. Sector: Electric Power
Subsector:
Industrial Classification:
Obligations Affected: Most-Favored-Nation Treatment (Article 12.3) National Treatment (Article 12.4) Local Presence (Article 12.5) Market Access (Article 12.6)
Description: Cross-Border Trade in Services
Costa Rica reserves the right to adopt or maintain any measure with respect to electric energy, including generation, transmission, processing, distribution and commercialization.
Measures in force:
6. Sector: Lottery, Betting and Gambling
Subsector:
Industrial Classification:
Obligations Affected: National Treatment (Articles 11.4 and 12.4) Most-Favored-Nation Treatment (Articles 11.5 and 12.3) Performance Requirements (Article 11.7) Senior Management and Boards of Directors (Article 11.8) Local Presence (Article 12.5) Access to Markets (Article 12.6)
Description: Investment and Cross-Border Trade in Services
Costa Rica reserves the right to adopt or maintain any measure with respect to lottery, betting and gambling.
Measures in force:
7. Sector: Railroads, Ports and Airports
Subsector:
Industrial Classification:
Obligations Affected: Most-Favored-Nation Treatment (Article 12.3) National Treatment (Article 12.4) Local Presence (Article 12.5) Access to Markets (Article 12.6)
Description: Cross-Border Trade in Services
Costa Rica reserves the right to adopt or maintain any measure with respect to railroads, ports and airports.
Measures in force:
8. Sector: Natural Resources
Subsector:
Industrial Classification:
Obligations Affected: National Treatment (Articles 11.4 and 12.4) Most-Favored-Nation Treatment (Articles 11.5 and 12.3) Performance Requirements (Article 11.7) Senior Management and Boards of Directors (Article 11.8) Local Presence (Article 12.5) Access to Markets (Article 12.6)
Description: Investment and Cross-Border Trade in Services
Costa Rica reserves the right to adopt or maintain any measure with respect to natural resources, including conservation, administration, protection, exploration, extraction and exploitation.
Measures in force:
9. Sector: Waste Collection and Treatment
Subsector:
Industrial Classification:
Obligations Affected: National Treatment (Articles 11.4 and 12.4) Most-Favored-Nation Treatment (Articles 11.5 and 12.3) Local Presence (Article 12.5) Market Access (Article 12.6)
Description: Investment and Cross-Border Trade in Services
Costa Rica reserves the right to adopt or maintain any measure with respect to the collection and treatment of waste.
Measures in force:
10. Sector: Irrigation and Drainage Services
Subsector:
Industrial Classification:
Obligations Affected: National Treatment (Articles 11.4 and 12.4) Most-Favored-Nation Treatment (Articles 11.5 and 12.3) Local Presence (Article 12.5) Market Access (Article 12.6)
Description: Investment and Cross-Border Trade in Services
Costa Rica reserves the right to adopt or maintain any measure with respect to irrigation and drainage services.
Measures in force:
11. Sector: Environmental Services (1)
Subsector:
Industrial Classification:
Obligations Affected: National Treatment (Articles 11.4 and 12.4) Most-Favored-Nation Treatment (Articles 11.5 and 12.3) Performance Requirements (Article 11.7) Senior Management and Boards of Directors (Article 11.8) Local Presence (Article 12.5) Access to Markets (Article 12.6)
Description: Investment and Cross-Border Trade in Services
Costa Rica reserves the right to adopt or maintain any measure with respect to environmental services.
Measures in force:
12. Sector: Postal Services
Subsector:
Industrial Classification:
Obligations Affected: Most-Favored-Nation Treatment (Article 12.3) National Treatment (Article 12.4) Local Presence (Article 12.5) Access to Markets (Article 12.6)
Description: Cross-Border Trade in Services
Costa Rica reserves the right to adopt or maintain any measure with respect to postal services.
Measures in force:
13. Sector: Radio and Television Services (Broadcasting) (2)
Subsector:
Industrial Classification:
Obligations Affected: National Treatment (Articles 11.4 and 12.4) Most-Favored-Nation Treatment (Articles 11.5 and 12.3) Performance Requirements (Article 11.7) Senior Management and Boards of Directors Article 11.8) Local Presence (Article 12.5) Market Access (Article 12.6)
Description: Investment and Cross-Border Trade in Services
Costa Rica reserves the right to adopt or maintain any measure with respect to radio and television (broadcasting) services.
Measures in force:
14. Sector: Weapons and Explosives
Subsector:
Industrial Classification:
Obligations Affected: National Treatment (Articles 11.4 and 12.4) Most-Favored-Nation Treatment (Articles 11.5 and 12.3) Performance Requirements (Article 11.7) Senior Management and Boards of Directors (Article 11.8) Local Presence (Article 12.5) Market Access (Article 12.6)
Description: Investment and Cross-Border Trade in Services
Costa Rica reserves the right to adopt or maintain any measure with respect to arms and explosives. The manufacture, use, sale, storage, transportation, import, export and possession of arms and explosives are regulated for the protection of a security interest.
Measures in force:
15. Sector: Investigation and Security Services
Subsector:
Industrial Classification:
Obligations Affected: National Treatment (Articles 11.4 and 12.4) Most-Favored-Nation Treatment (Articles 11.5 and 12.3) Performance Requirements (Article 11.7) Senior Management and Boards of Directors (Article 11.8) Local Presence (Article 12.5) Access to Markets (Article 12.6)
Description: Investment and Cross-Border Trade in Services
Costa Rica reserves the right to adopt or maintain any measure with respect to investigation and security services.
Measures in force:
16. Sector: Specialized Air Services
Subsector:
Industrial Classification:
Obligations Affected: National Treatment (Articles 11.4 and 12.4) Most-Favored-Nation Treatment (Articles 11.5 and 12.3) Performance Requirements (Article 11.7) Senior Management and Boards of Directors (Article 11.8) Local Presence (Article 12.5) Access to Markets (Article 12.6)
Description: Investment and Cross-Border Trade in Services
Costa Rica reserves the right to adopt or maintain any measure with respect to specialized air services.
Measures in force:
17. Sector: All Sectors
Subsector:
Industrial Classification:
Obligations Affected: Market Access (Article 12.6)
Description: Investment and Cross-Border Trade in Services
Costa Rica reserves the right to adopt or maintain any measure with respect to the "Market Access" obligation that is not inconsistent with Costa Rica's obligations under Article XVI of the GATS.
This reservation does not apply to the sectors or subsectors listed in the terms of Annex | (Non-Conforming Measures) with respect to Market Access.
Measures in force:
Annex II. Future Actions. List of Guatemala
1. Sector: All Sectors
Subsector:
Industrial Classification:
Obligations Affected: Most-Favored-Nation Treatment (Article 11.5)
Description: Investment
Guatemala exempts the application of Article 11.5 (Most- Favored-Nation Treatment) to the treatment granted under those agreements in force or signed after the date of entry into force of this Agreement, regarding: