Sub-Sector: Water transportation
Industry Classification: CMAP 384201 Manufacture and Repair of Vessels
Obligations Concerned: National Treatment (Article 10.3) Local Presence (Article 10.6)
Level of Government: Central
Measures: United Mexican States Political Constitution (Constitución Política de los Estados Unidos Mexicanos), Article 32 General Means of Communication Law (Ley de Vías Generales de Comunicación), Book I, Chapters I, II and III Commercial and Navigation Maritimes Law (Ley de Navegación y Comercio Marítimos), Title I, Chapter II Ports Law (Ley de Puertos), Chapter IV
Description: Cross-Border Trade in Services
A concession granted by the Ministry of Communications and Transportation (Secretaría de Comunicaciones y Transportes, SCT) is required to establish and operate, or operate, a shipyard. Only Mexican nationals and Mexican enterprises may obtain such a concession.
Sector: Transportation
Sub-Sector: Water transportation
Industry Classification: CMAP 973201 Water Transport Loading and Unloading Services (includes operation and maintenance of docks; loading and unloading of vessels at shore-side; marine cargo handling; operation and maintenance of piers; ship and boat cleaning; stevedoring; transfer of cargo between ships and trucks, trains, pipelines and wharves; waterfront terminal operations)
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Local Presence (Article 10.6)
Level of Government: Central
Measures: United Mexican States Political Constitution (Constitución Política de los Estados Unidos Mexicanos), Article 32 Commercial and Navigation Maritimes Law (Ley de Navegación y Comercio Marítimos), Title I, Chapter II, and Title II, Chapters IV and V Ports Law (Ley de Puertos), Chapters II, IV and VI General Means of Communication Law (Ley de Vías Generales de Comunicación), Book I, Chapters I, II and III Regulations to the Use and Enjoyment of the Territorial Sea, Water Ways, Beaches, Relevant Federal Coastal Zone and Lands Gained to the Sea (Reglamento para el Uso y Aprovechamiento del Mar Territorial, Vías Navegables, Playas, Zona Federal Marítimo Terrestre y Terrenos Ganados al Mar), Chapter II, Section II As qualified by the Description element
Description: Investment and Cross-Border Trade in Services
Favourable resolution from the National Commission on Foreign Investment (Comisión Nacional de Inversiones Extranjeras, CNIE) is required for investors of another Party or their investments to own, directly or indirectly, more than 49 per cent of the ownership interest in an enterprise, established or to be established in the territory of Mexico providing port services to vessels for inland navigation such as towing, mooring and tendering. A concession granted by the Ministry of Communications and Transportation (Secretaría de Comunicaciones y Transportes, SCT) is required to construct and operate, or operate, maritime and inland port terminals, including docks, cranes and related facilities. Only Mexican nationals and Mexican enterprises may obtain such a concession. A permit issued by the SCT is required to provide stevedoring and warehousing services. Only Mexican nationals and Mexican enterprises may obtain such a permit.
Sector: Transportation
Sub-Sector: Water transportation
Industry Classification: CMAP 973203 Maritime and Inland (Lake and Rivers Ports Administration)
Obligations Concerned: National Treatment (Article 9.4)
Level of Government: Central
Measures: Commercial and Navigation Maritimes Law (Ley de Navegación y Comercio Marítimos), Title III, Chapter III Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III Ports Law (Ley de Puertos), Chapters IV and VI
Description: Investment
Investors of another Party or their investments may only participate, directly or indirectly, up to 49 per cent in Mexican enterprises engaged in the supply of piloting port services to vessels operating in inland navigation.
Sector: Transportation
Sub-Sector: Water transportation
Industry Classification: CMAP 712011 International Maritime Transportation Services CMAP 712012 Cabotage Maritime Services CMAP 712013 International and Cabotage Towing Services CMAP 712021 River and Lake Transportation Services CMAP 712022 Internal Port Water Transportation Services
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4)
Level of Government: Central
Measures: Commercial and Navigation Maritimes Law (Ley de Navegación y Comercio Marítimos), Title III, Chapter I Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III Economic Competition Federal Law (Ley Federal de Competencia Económica), Chapter IV As qualified by the Description element
Description: Investment and Cross-Border Trade in Services
The operation or exploitation of high-seas navigation vessels, including transport and international towing services is open to ship-owners and vessels of all countries, on the basis of reciprocity according to international treaties. With the prior opinion of the Federal Competition Commission (Comisión Federal de Competencia, CFC), the Ministry of Communications and Transportation (Secretaría de Comunicaciones y Transportes, SCT) may reserve, totally or partially, certain international high-seas freight transportation services, which could only be carried out by Mexican shipping enterprises with Mexican-flagged vessels or vessels reputed as such when the principles of free competition are not respected or the national economy is affected. For greater certainty the previous sentence does not apply to Canada.
The operation and exploitation of cabotage and inland navigation is reserved for Mexican ship-owners with Mexican vessels. When Mexican vessels are not appropriate and available with the same technical conditions, or it is required by the public interest, the SCT may provide temporary navigation permits to operate and exploit to Mexican ship-owners with a foreign vessel in accordance with the following priorities: (a) Mexican ship-owner with a foreign vessel under a bareboat charter party; and (b) Mexican ship-owner with a foreign vessel under any type of charter party. The operation and exploitation in inland navigation and cabotage of tourist cruises as well as dredges and maritime devices for the construction, preservation and operation of ports may be carried out by Mexican or foreign shipping enterprises using Mexican or foreign vessels or maritime devices, on the basis of reciprocity with a Party, endeavouring to give priority to Mexican enterprises and complying with applicable laws. With the prior opinion of the CFC, the SCT may resolve that totally or partially, certain cabotage or high-seas traffic could only be carried by Mexican shipping enterprises with Mexican vessels or reputed as such in the absence of conditions of effective competition on the relevant market as per the terms of the Economic Competition Federal Law. Investors of another Party or their investments may only own, directly or indirectly, up to 49 per cent of the ownership interest in a Mexican shipping enterprise or Mexican vessels, established or to be established in the territory of Mexico, which is engaged in the commercial exploitation of vessels for inland and coastal navigation, excluding tourism cruises and exploitation of dredges and maritime devices for the construction, preservation and operation of ports. Favourable resolution from the National Commission of Foreign Investments (Comisión Nacional de Inversiones Extranjeras, CNIE) is required for investors of another Party or their investments to own, directly or indirectly, more than 49 per cent of the ownership interest in an enterprise established or to be established in the territory of Mexico engaged in high-seas navigation services and port towing services.
Sector: Transportation
Sub-Sector: Non-energy pipelines Industry Classification:
Obligations Concerned: National Treatment (Article 10.3) Local Presence (Article 10.6)
Level of Government: Central
Measures: United Mexican States Political Constitution (Constitución Política de los Estados Unidos Mexicanos), Article 32 General Means of Communication Law (Ley de Vías Generales de Comunicación), Book I, Chapters I, II and III National Waters Federal Law (Ley de Aguas Nacionales), Title I, Chapter II, and Title IV, Chapter II
Description: Cross-Border Trade in Services
A concession granted by the Ministry of Communications and Transportation (Secretaría de Comunicaciones y Transportes, SCT) is required to construct and operate, or operate, pipelines carrying goods other than energy or basic petrochemicals. Only Mexican nationals and Mexican enterprises may obtain such a concession.
Sector: Transportation
Sub-Sector: Railway transportation services
Industry Classification: CMAP 711101 Railway Transport Services
Obligations Concerned: National Treatment (Articles 9.4 and 10.3) Local Presence (Article 10.6)
Level of Government: Central
Measures: Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III Regulatory Law of the Railway Service (Ley Reglamentaria del Servicio Ferroviario) Chapters I and II, Section III Regulations to the Railway Service (Reglamento del Servicio Ferroviario), Title I, Chapters I, II and III, Title II, Chapters I and IV, and Title III, Chapter I, Sections I and II
Description: Investment and Cross-Border Trade in Services
Favourable resolution from the National Commission of Foreign Investment (Comisión Nacional de Inversiones Extranjeras, CNIE) is required for investors of another Party or their investments to participate, directly or indirectly, in more than 49 per cent of the ownership interest of an enterprise established or to be established in the territory of Mexico engaged in the construction, operation and exploitation of railroads deemed general means of communication, or in the supply of railway transportation public service. When deciding, the CNIE will consider that the national and technological development be favoured, and that the sovereign integrity of the Nation be protected. A concession granted by the Ministry of Communications and Transportation (Secretaría de Comunicaciones y Transportes, SCT) is required to construct, operate and exploit railway transportation services and to provide railway transportation public service. Only Mexican enterprises may obtain such a concession. A permit issued by SCT is required to provide auxiliary services; the construction of entry and exit facilities, crossings and marginal facilities in the right of way; the installation of advertisements and publicity signs in the right of way; and the construction and operation of bridges over railway lines. Only Mexican nationals and Mexican enterprises may obtain such a permit.
Sector: Transportation
Sub-Sector: Land transportation
Industry Classification: CMAP 973101 Management Services of Passenger Bus Terminals and Auxiliary Services (limited to main bus and truck terminals and bus and truck stations)
Obligations Concerned: National Treatment (Article 10.3) Most-Favoured-Nation Treatment (Article 10.4) Local Presence (Article 10.6)
Level of Government: Central
Measures: Roads, Bridges and Federal Road Transport Law (Ley de Caminos, Puentes y Autotransporte Federal), Title I, Chapter III Regulations to the Enjoyment of the Right of Way of the Federal Roads and Surrounding Zones (Reglamento para el Aprovechamiento del Derecho de Vía de las Carreteras Federales y Zonas Aledañas), Chapters II and IV Regulations to the Federal Road Transport and Auxiliary Services (Reglamento de Autotransporte Federal y Servicios Auxiliares), Chapter I
Description: Cross-Border Trade in Services
A permit issued by the Ministry of Communications and Transportation (Secretaría de Comunicaciones y Transportes, SCT) is required to establish, or operate, a bus or truck station or terminal. Only Mexican nationals and Mexican enterprises may obtain such a permit. To obtain such permit the interested party must prove that they have their domicile in Mexico.
Sector: Transportation
Sub-Sector: Land transportation
Industry Classification: CMAP 973102 Management Services of Roads, Bridges and Auxiliary Services Obligations Concerned: National Treatment (Article 10.3) Local Presence (Article 10.6)
Level of Government: Central
Measures: United Mexican States Political Constitution (Constitución Política de los Estados Unidos Mexicanos), Article 32 Roads, Bridges and Federal Road Transport Law (Ley de Caminos, Puentes y Autotransporte Federal), Title I, Chapter III Regulations to the Federal Road Transport and Auxiliary Services (Reglamento de Autotransporte Federal y Servicios Auxiliares), Chapters I and V.
Description: Cross-Border Trade in Services
A permit granted by the Ministry of Communications and Transportation (Secretaría de Comunicaciones y Transportes, SCT) is required to provide auxiliary services to federal road transportation. Only Mexican nationals and Mexican enterprises may obtain such a permit. For greater certainty, auxiliary services are not part of federal road transportation of passengers, tourism or cargo, but they complement their operation and exploitation.
Sector: Transportation
Sub-Sector: Land transportation
Industry Classification: CMAP 711201 Construction Materials Transport Services CMAP 711202 Moving Services CMAP 711203 Other Specialised Freight Transport Services CMAP 711204 General Freight Transport Services CMAP 711311 Long-Distance Passenger Bus and Coach Transport Services CMAP 711318 School and Tourist Transport Services (limited to tourist transport services) CMAP 720002 Courier services
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Local Presence (Article 10.6) Level of Government: Central Measures: Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter II Roads, Bridges and Federal Road Transport Law (Ley de Caminos, Puentes y Autotransporte Federal), Title I, Chapter I and III Regulations to the Federal Road Transport and Auxiliary Services (Reglamento de Autotransporte Federal y Servicios Auxiliares), Chapter I As qualified by the Description element
Description: Investment and Cross-Border Trade in Services
Investors of another Party or their investments may not own, directly or indirectly, an ownership interest in an enterprise established or to be established in the territory of Mexico, engaged in transportation services of domestic cargo between points in the territory of Mexico, except for parcel and courier services. A permit issued by the Ministry of Communications and Transportation (Secretaría de Comunicaciones y Transportes, is required to provide inter-city bus services, tourist transportation services or truck services for the transportation of goods or passengers to or from the territory of Mexico. Only Mexican nationals and Mexican enterprises with a foreigners’ exclusion clause, using Mexican registered equipment that is Mexican-built or legally imported, and drivers who are Mexican nationals, may provide bus or truck services for transportation of goods or passengers between points in the territory of Mexico. A permit issued by the SCT is required to provide parcel and courier services. Only Mexican nationals and Mexican enterprises may provide such services.
Sector: Transportation
Sub-Sector: Railway transportation services
Industry Classification: CMAP 711101 Transport Services Via Railway (limited to railway crew) Obligations Concerned: National Treatment (Article 10.3)
Level of Government: Central
Measures: Federal Labor Law (Ley Federal del Trabajo), Title VI, Chapter V
Description: Cross-Border Trade in Services
Railway crew members must be Mexican nationals.
Sector: Transportation
Sub-Sector: Land transportation
Industry Classification: CMAP 711312 Urban and Suburban Passenger Bus and Coach Transport Services CMAP 711315 Motor Vehicle Taxi Transport Services CMAP 711316 Motor Vehicle Fixed Route Transport Services CMAP 711317 Transport Services in Motor Vehicles from Taxi-Ranks CMAP 711318 School and Tourist Transport Services (limited to school transport services)
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3)
Level of Government: Central
Measures: Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter II General Means of Communication Law (Ley de Vías Generales de Comunicación), Book I, Chapters I and II Roads, Bridges and Federal Road Transport Law (Ley de Caminos, Puentes y Autotransporte Federal), Title I, Chapter III Regulations to the Federal Road Transport and Auxiliary Services (Reglamento de Autotransporte Federal y Servicios Auxiliares), Chapter I
Description: Investment and Cross-Border Trade in Services
Only Mexican nationals and Mexican enterprises with a foreigners’ exclusion clause may supply local urban and suburban passenger bus services, school bus services, and taxi and other collective transportation services.
Sector: Communications
Sub-Sector: Entertainment services (Cinema)
Industry Classification: CMAP 941103 Private Exhibition of Films
Obligations Concerned: Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4) National Treatment (Article 10.3)
Level of Government: Central
Measures: Federal Cinematography Law (Ley Federal de Cinematografía), Chapter III Regulations to the Federal Cinematography Law (Reglamento de la Ley Federal de Cinematografía), Chapter V
Description: Investment and Cross-Border Trade in Services
Exhibitors shall reserve 10 per cent of the total screen time to the projection of national films.
Sector: All
Sub-Sector:
Industry Classification:
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11) Local Presence (Article 10. 6)
Level of Government: Regional
Measures: All existing non-conforming measures of all states of the United Mexican States
Description: Investment and Cross-Border Trade in Services
SCHEDULE OF NEW ZEALAND
INTRODUCTORY NOTES
1. Description sets out the non-conforming measure to which the entry applies.
2. In accordance with Article 9.12 (Non-Conforming Measures) and Article 10.7 (Non-Conforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the laws, regulations, rules, procedures, decisions, administrative actions, practices or other measures identified in the Description element of that entry.
Sector: All
Obligations Concerned: National Treatment (Article 9.4)
Level of Government: Central
Measures: Companies Act 1993
Financial Reporting Act 1993
Description: Investment
Consistent with New Zealand’s financial reporting regime established under the Companies Act 1993 and Financial Reporting Act 1993, the following overseas non-issuer companies are required to file audited financial statements with the Registrar of Companies:
(a) any company that is incorporated outside New Zealand that carries on business in New Zealand;
(b) any large company incorporated in New Zealand in which shares that carry the right to exercise or control the exercise of 25 per cent or more of the voting power are held by:
(i) a subsidiary of a company or body corporate incorporated outside New Zealand;
(ii) a company or body corporate incorporated outside New Zealand; or
(iii) a person not ordinarily resident in New Zealand; and
(c) any company that is a subsidiary of a company or body corporate incorporated outside New Zealand.
A company is “large” if it meets at least two of the following criteria:
(a) the total assets of the company and its subsidiaries exceeds NZ$10 million;
(b) the company and its subsidiaries have a total turnover of NZ$20 million or more; and
(c) the company and its subsidiaries have 50 or more full-time equivalent employees.
These requirements do not apply if the overseas company is a subsidiary of a New Zealand company that has already filed audited group financial statements with the Registrar of Companies."
Sector: Business Services
Obligations Concerned: National Treatment (Article 10.3) Most-Favoured-Nation Treatment (Article 10.4) Level of Government: Central
Measures: Section 100(2)(a) of the Patents Act 1953
Description: Cross-Border Trade in Services
Registration of patent attorneys is restricted to those who satisfy the criteria set out in section 100(2)(a) of the Patents Act 1953, being any person who is a British subject or a citizen of the Republic of Ireland.
Sector: Agriculture, including services incidental to agriculture
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11)
Level of Government: Central
Measures: Dairy Industry Restructuring Act 2001
Description: Investment and Cross-Border Trade in Services
The Dairy Industry Restructuring Act 2001 (DIRA) and Regulations provide for the management of a national database for herd testing data. The database is currently held by the Livestock Improvement Corporation Ltd (LIC).
The DIRA:
(a) provides for the New Zealand government to determine arrangements for the database to be managed by another dairy industry entity. In doing so the New Zealand government may:
(i) take into account the nationality and residency of the entity, persons that own or control the entity, and the senior management and board of directors of the entity; and
(ii) restrict who may hold shares in the entity, including on the basis of nationality;
(b) requires the transfer of data by those engaged in herd testing of dairy cattle to the LIC or successor entity;
(c) establishes rules regarding access to the database and that access may be denied on the basis that its the database’s intended use could be “harmful to the New Zealand dairy industry, which may take into account the nationality or residency of the person seeking access.
Sector: Communication Services Telecommunications
Obligations Concerned: National Treatment (Article 9.4) Senior Management and Boards of Directors (Article 9.11)
Level of Government: Central
Measures: Constitution of Chorus Limited
Description: Investment
The Constitution of Chorus Limited requires New Zealand government approval for the shareholding of any single overseas entity to exceed 49.9 per cent.
At least half of the Board directors are required to be New Zealand citizens.
Sector: Communication Services Audio-visual Services
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Local Presence (Article 10.6) Performance Requirements (Article 9.10)
Level of Government: Central
Measures: Radiocommunications Act 1989
Description: Investment and Cross-Border Trade in Services
The acquisition of licences or management rights to use the radio frequency spectrum, or any interest in such licences or management rights, under the Radiocommunications Act 1989 by foreign governments or agents on behalf of foreign governments is subject to the written approval of the Chief Executive of the Ministry of Business, Innovation and Employment.