The prohibitions under the Coasting Trade Act, set out in Reservation II-C-10, do not apply to any vessel that is
owned by the U.S. Government when used solely for the purpose of transporting goods owned by the Government of the United States from the territory of Canada to supply
Distant Early Warning sites.
Sector: All Sectors
Sub-Sector:
Obligations Concerned: National Treatment (Articles 15.6 and 16.3)
Most-Favoured-Nation Treatment (Articles 15.7 and 16.4) Performance Requirements (Article 15.12)
Senior Management and Boards of Directors (Article 15.13)
Level of Government: Regional
Measures: Any existing non-conforming measure of a Province and Territory.
Description: Investment and Cross-Border Trade in Services
Annex I.
Schedule of Ecuador
Introductory Notes
1. The Schedule of a Party to this Annex sets out, pursuant to 15.18 (Investment –
Non-Conforming Measures) and Articles 16.7 (Cross-Border Trade in Services – NonConforming Measures), the Party’s existing measures that are not subject to some or all
of the obligations imposed by:
(a) Article 15.6 (Investment – National Treatment) or 16.3 (Cross-Border
Trade in Services – National Treatment);
(b) Article 15.7 (Investment – Most-Favored-Nation Treatment) or 16.4
(Cross-Border Trade in Services – Most-Favored-Nation Treatment);
(c) Article 16.5 (Cross-Border Trade in Services – Market Access);
(d) Article 15.12 (Investment – Performance Requirements); or
(e) Article 15.13 (Investment – Senior Management and Boards of Directors).
2. Each Schedule entry sets out the following elements:
(a) Sector refers to the sector for which the entry is made;
(b) Sub-Sector, where referenced, refers to the specific sector for which the
entry is made;
(c) Obligations Concerned specifies the obligations referred to in
paragraph 1 that, pursuant to Articles 15.18 (Investment – NonConforming Measures) and 16.7 (Cross-Border Trade in Services – NonConforming Measures), do not apply to the non-conforming aspects of the
law, regulation, or other measure, as set out in paragraph 3;
(d) Level of Government indicates the level of government maintaining the
scheduled measure(s);
(e) Description sets out commitments, if any, for liberalization on the date of
entry into force of the Agreement, and the remaining non-conforming
aspects of the measure for which the entry is made; and
(f) Measures identifies the laws, regulations, or other measures for which the
entry is made. A measure cited in the Measures element:
(i) means the measure as amended, continued, or renewed as of the
date of entry into force of this Agreement; and
(ii) includes any subordinate measure adopted or maintained under the
authority of and consistent with the measure.
Annex I - ECUADOR-2
3. In the interpretation of an entry, all elements of the entry shall be considered. An
entry shall be interpreted in light of the relevant articles of the Chapters against which the
entry is made. To the extent that:
(a) the Measures element is qualified by a liberalization commitment from
the Description element, the Measures element as so qualified shall
prevail over all other elements; and
(b) the Measures element is not so qualified, the Measures element shall
prevail over all other elements, unless any discrepancy between the
Measures element and the other elements considered in their totality is so
substantial and material that it would be unreasonable to conclude that the
Measures element should prevail, in which case the other elements shall
prevail to the extent of that discrepancy.
Annex I - ECUADOR-3
1. Sector: All Sectors
Sub-Sector:
Obligations Concerned: National Treatment (Article 15.6)
Level of Government: Central
Measures: Constitución de la República del Ecuador
(Constitution of the Republic of Ecuador), Official
Gazette 449, 20 October 2008 (last reform
on 30 May 2024), Title VII (Good living regime),
Chapter II (Biodiversity and natural resources),
Section three Natural heritage and ecosystems.
Ley de Seguridad Pública y del Estado (Law on
Public and State Security), Official Gazette
Supplement 35, 28 September 2009 (last reform
on 29 March 2023), Title VII (On security zones:
Border security zones and reserved security areas).
Código Orgánico del Ambiente (Organic Code on
the Environment), Official Gazette Supplement 983,
14 March 2017 (last reform on 21 December 2021),
Title II (Of in situ conservation), Chapter II (Of the
system of Protected Areas).
Ley Orgánica de Tierras Rurales y Territorios
Ancestrales (Organic Law of Rural Lands and
Ancestral Territories), Official Gazette Supplement
711, 14 March 2016 (last reform
on 25 March 2022), Preliminary Title.
Reglamento a Ley Orgánica de Tierras Rurales y
Territorios Ancestrales (Regulation to the Organic
Law of Rural Lands and Ancestral Territories),
Official Gazette Supplement 920, 11 January 2017
(last reform on 19 May 2022), Preliminary Title,
Chapter II (General Rules).
Description: Investment
Foreign persons may not acquire land or
concessions in protected areas by any title.
Annex I - ECUADOR-4
Foreign persons are prohibited from possessing,
acquiring and be granted land in security zones.
Foreign public companies require authorization
from the national agrarian authority to acquire, lease
or take in usufruct, rural land in the national
territory for agricultural production projects. The
participation of foreign public companies in
agrarian projects of national interest with national
public companies, mixed economy companies,
private natural or legal persons, communities or
community companies, is possible as long as they
maintain ownership of the land.
Annex I - ECUADOR-5
2. Sector: Strategic Sectors and Public Services
Sub-Sector:
Obligations Concerned: National Treatment (Article 15.6 and 16.3)
Senior Management and Boards of Directors
(Article 15.13)
Market Access (Article 16.5)
Level of Government: Central
Measures: As set out in the Description element
Description: Investment and Cross-Border Trade in Services
1. Consistent with Articles 313, 314, 315 and
316 of the Constitución de la República del
Ecuador (Constitution of the Republic of
Ecuador), Ecuador may take the following
measures:
(a) guarantee a preferential right to a
State-Owned Enterprise to manage
strategic sectors or provide public
services; or
(b) delegate the management of strategic
sectors and the provision of public
services to an enterprise in which
Ecuador and private capital
participate jointly (Empresa
Mixta); and
(c) in the case of paragraph (b), Ecuador
must hold at least a 51% interest in
the jointly established enterprise.
2. For the purposes of this reservation, “public
services” means services for drinking water,
irrigation, sanitation, roads, port and airport
infrastructures; and “strategic sectors”
means sectors concerning energy in all its
forms, non-renewable natural resources, and
the transportation and refining of
hydrocarbons and water.
Annex I - ECUADOR-6
3. Sector: Artisanal Fishery
Sub-Sector:
Obligations Concerned: National Treatment (Articles 15.6)
Level of Government: Central
Measures: Ley Orgánica para el Desarrollo de la Acuicultura
y Pesca (Organic Law for the Development of
Aquaculture and Fisheries), Official Gazette
Supplement 187, 21 April 2020 (last reform on
8 May 2023), Preliminary Title, Chapter I (General
Provisions), Title IV (Of the fisheries sector),
