(a) aviation;
(b) fishing; or
(c) maritime affairs, including salvage.
For greater certainty, Article 11.5 (Most-Favored-Nation Treatment) does not apply to any present or future program of international cooperation to promote economic development.
Measures in force:
2. Sector: Issues Related to Minority and Disadvantaged Indigenous Populations
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) Performance Requirements (Article 11.7) Senior Management and Boards of Directors (Article 11.8)
Description: Cross-Border Trade and Investment in Services
Guatemala reserves the right to adopt or maintain any measure that guarantees rights or preferences for minorities and indigenous, socially and economically disadvantaged populations.
Measures in force:
3. 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) Performance Requirements (Article 11.7) Senior Management and Boards of Directors (Article 11.8)
Description: Cross-Border Trade and Investment in Services
Guatemala reserves the right to adopt or maintain any measure with respect to the enforcement of public order 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 for public purpose, including but not limited to: insurance and income security, social welfare services, social welfare, public education, public training, health and child care.
Measures in force:
4. Sector: Professional Services
Subsector:
Industrial Classification:
Obligations Affected: Most-Favored-Nation Treatment (Article 12.3) National Treatment (Article 12.4) Local Presence (Article 12.5)
Description: Cross-Border Trade in Services
Guatemala reserves the right to adopt or maintain any measure restricting the cross-border supply of professional services.
Guatemala reiterates the rights and obligations acquired in the Agreement on the Exercise of University Professions and Recognition of University Studies.
Measures in force:
Article 90 of the Political Constitution of the Republic of Guatemala.
Law on Compulsory Professional Membership, Decree No. 72-2001 of the Congress of the Republic of Guatemala.
Agreement on the Practice of University Professions and Recognition of University Studies.
5. Sector: Road Transportation Services
Subsector:
Industrial Classification:
Obligations Affected: Most-Favored-Nation Treatment (Article 12.3) National Treatment (Article 12.4) Local Presence (Article 12.5)
Description: Cross-Border Trade in Services
Guatemala reserves the right to adopt or maintain any measure restricting the cross-border supply of services in the road freight transport services sector.
Measures in force:
6. 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
Guatemala reserves the right to adopt or maintain any measure that grants preferential treatment to persons (natural or natural persons, or companies) from other countries pursuant to any existing or future bilateral or multilateral international treaty with respect to cultural industries, including audiovisual cooperation agreements.
Measures in force:
7. Sector: Crafts
Subsector:
Industrial Classification:
Obligations Affected: National Treatment (Articles 11.4 and 12.4) Performance Requirements (Article 11.7)
Description: Investment and Cross-Border Trade in Services
Guatemala reserves the right to adopt or maintain any measure with respect to the design, distribution, retail sale or exhibition of handicrafts that are identified as Guatemalan handicrafts.
Performance requirements shall in all cases be consistent with the Agreement on Trade-Related Investment Measures (TRIMs Agreement), which is part of the WTO Agreement.
Measures in force:
8. Sector: All sectors
Subsector:
Industrial Classification:
Obligations affected: Market Access (Article 12.6)
Description: Investment and Cross-Border Trade in Services
Guatemala reserves the right to adopt or maintain any measure with respect to the "Market Access" obligation that is not inconsistent with Guatemala'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 Honduras
1. Sector: Communications Services
Subsector: Telecommunications
Industrial Classification:
Obligations Affected: Market Access (Article 12.6)
Description: Cross-Border Trade in Services
Honduras reserves the right to adopt, maintain, or modify the level of ownership interest in Empresa Hondurefia de Telecomunicaciones (HONDUTEL), as well as its affiliates or subsidiaries.
2. Sector: Professional Services
Subsector: All Sector
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
Honduras reserves the right to adopt or maintain any measure with respect to the provision of professional services.
3. 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) Senior Management and Board of Directors (Article 11.8) Local Presence (Article 12.5) Market Access (Article 12.6)
Description: Investment and Cross-Border Trade in Services
Honduras reserves the right to adopt or maintain any measure with respect to the application and 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 for reasons of public interest; unemployment insurance, social security services, social welfare, public education, public training, health and social welfare services, public education, public training, health and social welfare services, and social security services, as well as the following services to the extent that they are social services that are established or maintained for reasons of public interest; unemployment insurance, social security services, social welfare services, public education, public training, health, child care and social welfare services.
4. Sector: Minority Issues
Subsector:
Industrial Classification:
Obligations Affected: National Treatment (Articles 11.4 and 12.4) Performance Requirements (Article 11.7) Senior Management and Board of Directors (Article 11.8) Local Presence (Article 12.5) Market Access (Article 12.6)
Description: Investment and Cross-Border Trade in Services
Honduras reserves the right to adopt or maintain any measure that grants rights or preferences to socially and economically disadvantaged minorities.
5. Sector: Distribution Services - Petroleum Products and Derivatives
Subsector:
Industrial Classification:
Obligations Affected: National Treatment (Articles 11.4 and 12.4) Performance Requirements (Article 11.7) Senior Management and Board of Directors (Article 11.8) Local Presence (Article 12.5) Market Access (Article 12.6)
Description: Investment and Cross-Border Trade in Services Honduras reserves the right to adopt or maintain measures related to the wholesale distribution of crude oil products, reconstituted, refined, bunker and all its derivatives.
6. Sector: All Sectors
Subsector:
Industrial Classification:
Obligations Affected: Most-Favored-Nation Treatment (Articles 11.5 and 12.3)
Description: Investment and Cross-Border Trade in Services
Honduras reserves the right to adopt or maintain any measure that grants different treatment to countries pursuant to any bilateral or multilateral international treaty in force or entered into prior to the date of entry into force of this Agreement.
Honduras reserves the right to adopt or maintain any measure that grants different treatment to countries in accordance with any international treaty in force or to be subscribed after the date of entry into force of this Agreement with respect to:
(a) aviation;
(b) fishing; or
(c) maritime affairs, including salvage.
For greater certainty, maritime matters include transportation on lakes and rivers.
7. Sector: All sectors
Subsector:
Industrial Classification:
Obligations Affected: Market Access (Article 12.6)
Description: Investment and Cross-Border Trade in Services
Honduras reserves the right to adopt or maintain any measure that is not inconsistent with Honduras' obligations under Article XVI of the GATS, which forms part of the WTO Agreement.
Annex II. Future Actions. List of Mexico
1. Sector: All Sectors
Subsector:
Industrial Classification:
Obligations Affected: National Treatment (Article 12.4)
Description: Cross-Border Trade in Services
Mexico reserves the right to adopt or maintain any measure restricting the acquisition, sale or other disposition of bonds, treasury securities or any other type of debt instruments issued by Central (Federal), Regional (State) or Local (Municipal) Governments.
Measures in force:
2. Sector: Communications Postal Services and Telecommunications
Subsector:
Industrial Classification: CMAP 720001Postal Services (limited to first class correspondence) CMAP 720005 Telegraph Telegraph Services (includes radiotelegraphy services)
Obligations Affected: National Treatment (Article 12.4) Market Access (Article 12.6)
Description: Cross-Border Trade in Services
Only the Mexican State may provide ._ postal, telegraphic and radiotelegraphic services.
Measures in force: Political Constitution of the United Mexican States, Article 28. Mexican Postal Service Law, Title I, Chapter Ill. Federal Telecommunications Law, Chapter I.
3. Sector: Communications
Subsector: Telecommunications Services and Networks
Industrial Classification: CMAP 720006 Other Services of Telecommunications (limited to maritime telecommunication services)
Obligations Affected: Most-Favored-Nation Treatment (Article 12.3) National Treatment (Article 12.4) Local Presence (Article 12.5)
Description: Cross-Border Trade in Services
Mexico reserves the right to adopt or maintain any measure relating to the supply of maritime telecommunication services.
Measures in force:
4. Sector: Communications
Subsector: Telecommunications
Industrial Classification: CMAP 720006 Other telecommunication services (limited to mobile and fixed services for aeronautical services)
Reserved Obligations: National Treatment (Article 12.4) Local Presence (Article 12.5)
Description: Cross-Border Trade in Services