4. 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) 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
El Salvador reserves the right to adopt or maintain any measure with respect to law enforcement and social readjustment services as well as the following services, insofar as they are social services that are established or maintained for reasons of public interest: pensions, unemployment insurance, social security services, social welfare, public education, public training, health and child care.
Measures in force:
5. Sector: Minority Issues
Subsector:
Industrial Classification:
Obligations Affected: National Treatment (Article 11.4 and 12.4) 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
El Salvador reserves the right to adopt or maintain any measure that grants rights or preferences to socially or economically disadvantaged minorities.
Measures in force:
6. Sector: Business Services: Professional 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
El Salvador reserves the right to adopt or maintain any measure relating to Investment and Cross-Border Trade in Professional Services. (2)
Measures in force:
7. Sector: Transportation Services : Ground Transportation Ground Transportation
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
El Salvador reserves the right to adopt or maintain any measure with respect to Land Transportation.
Measures in force:
8. Sector: Private 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) Market Access (Article 12.6)
Description: Investment and Cross-Border Trade in Services
El Salvador reserves the right to adopt or maintain any measure with respect to private security services.
Measures in force:
Annex III. Activities Reserved to the State
Explanatory Notes
1. The activities set out in this Annex are reserved to the Parties and private capital investment is prohibited under their national legislation. If a Party allows the participation of private investment in those activities through service contracts, concessions, loans or any other type of contractual acts, such participation shall not be construed as affecting the Party's reservation in those activities.
2. If the domestic legislation of a Party is amended to permit private capital investment in the activities set out in this Annex, that Party may impose restrictions on the participation of foreign investment notwithstanding Article 11.4 (National Treatment) by indicating them in Annex I (Nonconforming Measures). Such Party may also impose exceptions to Article 11.4 (National Treatment) with respect to the participation of foreign investment in the case of the sale of assets or equity participation in an enterprise engaged in the activities set out in this Annex and shall indicate them in Annex I (Nonconforming Measures).
3. The measures referred to are included for transparency purposes and include any measures subordinated to, adopted or maintained under the authority of, and consistent with, those measures.
Annex III. Activities Reserved to the State. List of Costa Rica
Costa Rica reserves the exclusive right to perform and refuse to authorize the establishment of investments in the following activities, except as set forth in its list in Annex I (Nonconforming Measures):
1. Import, Refining, Distribution and Wholesale of Crude Oil, its Derivative Fuels, Asphalts and Naphthas
(a) Description of activities
Import, refining, distribution and wholesale of crude oil and petroleum products, including fuels, asphalts and naphtha.
(b) Measures
Political Constitution of the Republic of Costa Rica.
Monopoly Law in favor of the State for the Importation, Refining and Wholesale Distribution of Crude Oil, its Derivative Fuels, Asphalts and Naphtha, Law No. 7356.
Public Services Regulatory Authority Law, Law No. 7593.
2. Alcohol production
(a) Description of activities
The production and use of ethyl alcohol for liquor and industrial purposes and the production of raw rum for domestic consumption and for export is the responsibility of the Fabrica Nacional de Licores. Methyl, propyl, butyl, butyl, amyl and other alcohols except ethyl alcohol and polyols, alcohols of complex function and similar may be produced and exported by private entities, provided they are not produced by the National Liquor Factory.
(b) Measures
Fiscal Code, Law No. 8, Articles 443 and 444.
3. Postal Services
(a) Description of activities
Exploitation, operation, administration, organization and provision of postal services.
(b) Measures
Political Constitution of the Republic of Costa Rica.
Postal Law, Law No. 7768.
Public Services Regulatory Authority Law, Law No. 7593.
4. Wired and wireless services
(a) Description of activities
(i) Includes the exploitation, administration, operation and provision of the following activities: telegraphy, telephony, radiotelegraphy and radiotelephony services; value-added services; telecommunications services and telecommunications networks.
(ii) The Political Constitution of Costa Rica establishes that wireless services may not definitively leave the State's domain and may only be exploited by the public administration or by private parties, in accordance with the law or by means of a special concession granted for a limited period of time and under the conditions and stipulations established by the Legislative Assembly.
(b) Measures
Political Constitution of the Republic of Costa Rica.
Law for the Creation of the Costa Rican Electricity Institute, Law 449.
Law Regulating Prices and Conditions of Services Services of ICE, Law No. 3226.
Law Transfers Telecommunications to ICE and it is associated to RACSA, Law No. 3293.
General Telecommunications Law, Law No. 8642.
Law for the Strengthening and Modernization of the Public Entities of the Telecommunications Sector, Law No. 8660.
Regulations to the General Telecommunications Law, Executive Decree No. 34765- MINAET.
5. Electric Power
(a) Description of activities
(i) Includes generation, transmission, transformation, distribution and commercialization.
(ii) The Political Constitution of Costa Rica establishes that the forces that may be obtained from the waters of the public domain in the national territory may not definitively leave the domain of the State and may only be exploited by the public administration or by private individuals, in accordance with the law or by means of special concession granted for a limited time and under the conditions and stipulations established by the Legislative Assembly.
(b) Measures
Political Constitution of the Republic of Costa Rica.
Law for the Creation of the Costa Rican Electricity Institute, Law No. 449.
Law Ratifies Electricity Contract SNE - CNFL, Law No. 2.
Law for the Transformation of Empresa de Servicios Publicos de Heredia ESPH, Law No. 7789.
Reform of the Cartago Electric Service Administrative Board JASEC, Law No. 7799.
Public Services Regulatory Authority Law, Law No. 7593.
6. Water supply services; collection and disposal of sewage and liquid industrial wastes; water and sewerage services.
(a) Description of activities
Establishment, operation, administration, planning and development of the countryâs aqueduct and sewerage systems; drinking water services; sewage and liquid industrial waste and rainwater collection and disposal services; development, use, governance and surveillance of all waters of public origin.
(b) Measures
Political Constitution of the Republic of Costa Rica.
Constitutive Law of the Costa Rican Institute of Aqueducts and Sewerage, Law No. 2726.
Public Services Regulatory Authority Law, Law No. 7593.
7. Social Services
(a) Description of activities
Law enforcement, social rehabilitation services, income security or insurance, social security or insurance, social welfare, public education, public training, health and child care.
(b) Measures
Political Constitution of the Republic of Costa Rica.
8. Lottery administration and distribution services
(a) Description of activities
(i) Administration and distribution of lotteries, time, raffles, clubs and other games of chance.
(ii) The Social Protection Board of San José shall be the sole administrator and distributor of lotteries. All lotteries, times, raffles, clubs and other games of chance that award prizes consisting of the payment of cash are prohibited, except those issued by the San José Social Protection Board.
(b) Measures
Lottery Law, Law No. 7395. Raffles and Lotteries Law, Law No. 1387.
Regulation to the Lottery Law, Executive Decree No. 28529- MTSS- MP.
9. Railroads, Ports and Airports
(a) Description of activities
The national railroads, docks and airports - the latter while in service - may not be alienated, leased or encumbered, directly or indirectly, nor leave the domain and control of the State.
(b) Measures
Political Constitution of the Republic of Costa Rica.
Public Services Regulatory Authority Law, Law No. 7593.
General Law of Concession of Public Works with Public Services, Law No. 7762.
General Railroad Law, Law No. 5066. Organic Law of the Costa Rican Railroad Institute, Law No. 7001.
Regulations to the Organic Law of the Costa Rican Railroad Institute, Executive Decree No. 18245-MOPT.
Law of the Costa Rican Institute of Pacific Ports (INCOP), Law No. 1721.
Organic Law of JAPDEVA (Junta de Administración Portuaria y de Desarrollo Económico de la Vertiente Atlántica), Law No. 3091. General Civil Aviation Law, Law No. 5150.
Regulations for the Granting of Operating Certificates, Executive Decree No. 3326-T.
Regulations for the Operation of the Costa Rican Aeronautical Registry, Executive Decree No. 4440-T.
Annex III. Activities Reserved to the State. List of Guatemala
Guatemala reserves the exclusive right to perform and refuse to authorize the establishment of investments in the following activities, except as set forth in its list in Annex I (Nonconforming Measures):
1. Currency issuance
(a) Description of Activities:
Itis the exclusive power of the State to issue and regulate the currency, as well as to formulate and carry out policies that tend to create and maintain favorable exchange and credit conditions for the orderly development of the national economy.
(b) Measures:
Article 132 of the Political Constitution of the Republic of Guatemala.
2. Collection centers, wholesale terminals, municipal markets and the like
(a) Description of Activities:
Municipalities are empowered to operate collection centers, wholesale terminals, municipal markets and similar.
(b) Measures:
Article 74 of the Municipal Code, Decree No. 12-2002 of the Congress of the Republic of Guatemala and its amendments
Annex III. Activities Reserved to the State. List of Honduras
Honduras reserves the right to perform exclusively and to refuse to authorize the establishment of investments in the following activities except as set forth in its list in Annex I (Nonconforming Measures):
1. Electricity Services
(a) Activity Description
Only the Government of Honduras, through the Empresa Nacional de Energia Eléctrica, can carry out the transmission of electric energy, conduct the operation of the transmission system and dispatch center.
(b) Measures
Decree No. 158-94 dated November 26, 1994, Framework Law of the Electric Sub-Sector, Chapter V, Article 15.
2. Lotteries
(a) Activity Description
The Patronato Nacional de la Infancia (PANI) is responsible for the administration of the National Lottery (Loteria Mayor and Loteria Menor) and other non-traditional lotteries that may be created or authorized by PANI in the future.
(b) Measures
Decree No. 438, dated April 23, 1977, Article 5(c), Ley Organica de Patronato Nacional de la Infancia.
3. Environmental Services
(a) Activity Description
Only the State of Honduras, through its municipalities, can provide public water distribution, waste treatment, and sanitation and hygiene services. For greater certainty, the municipalities are responsible for the construction, maintenance and administration of drinking water, sanitary sewage and drainage systems, and the promotion and development of related projects.
(b) Measures Decree No 134-90, Law of Municipalities, Article 13(3) and (4). Decree No 104-93, General Environmental Law, Articles 29 and 67.