Existing Measures: Merchant Marine Act of 1920, §§ 19 and 27, 46 U.S.C. 12101, 12118, 12120, 12132, 12139, 12151, 42101-42109, 55102, 55105-55110, 55115-55119, 58108

Jones Act Waiver Statute, 46 U.S.C. 501

Shipping Act of 1916, 46 U.S.C. 50501, 56101, 57109, 50111

Merchant Marine Act of 1936, 46 U.S.C. 109, 114, 50111, 50501, 53101 note, 53301-53312, 53501-53517, 53701-53718, 53721-53725, 53731-53735, 55304-55305, 57101-57104, 57301-57308

Merchant Ship Sales Act of 1946, 50 U.S.C. App. 1738

46 U.S.C. 55109, 55111, 55118, 60301-60302, 60304-60306, 60312, 80104

46 U.S.C. 12101 et seq., 12112, 12121, and 31301 et seq.

46 U.S.C. 8904

Passenger Vessel Services Act, 46 U.S.C. 55103

42 U.S.C. 9601 et seq.; 33 U.S.C. 2701 et seq.; 33 U.S.C. 1251 et seq.

46 U.S.C. 3301 et seq., 3701 et seq., 8103, and 12107(b)

The Foreign Shipping Practices Act of 1988, 46 U.S.C. 306, 41108, 42101, 42301-42307

Merchant Marine Act, 1920, 46 U.S.C. 50101, 50302, 53101 note, 57108

Shipping Act of 1984, 46 U.S.C. 305-306, 40101 note, 40101-40104, 40301-40307, 40501-40503, 40701-40706, 40901-40904, 41101-41109, 41301-41309, 42101, 42301-42307

Exports of Alaskan North Slope Oil, 104 Pub. L. 58, Title II; 109 Stat. 557, 560-63; codified at 30 U.S.C. 185(s), 185 note

Limitations on performance of longshore work by alien crewmen, 8 U.S.C. 1288

Maritime Transportation Security Act of 2002, Pub. L. 107-295, § 404; 116 Stat. 2064, 2114-15, codified at 46 U.S.C. 55112

Nicholson Act, 46 U.S.C. 55114

Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987, Pub. L. 100-239; 101 Stat. 1778, codified in part at 46 U.S.C. 108, 2101, 2101 note, 12113

43 U.S.C. 1841

22 U.S.C. 1980

46 U.S.C. 9302, 46 U.S.C. 8502; Agreement Governing the Operation of Pilotage on the Great Lakes, Exchange of Notes at Ottawa, August 23, 1978, and March 29, 1979, TIAS 9445

Magnuson Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq.

19 U.S.C. 1466

North Pacific Anadromous Stocks Act of 1992, Pub. L. 102-567; Oceans Act of 1992, Pub. L. 102-587

Tuna Convention Act, 16 U.S.C. 951 et seq.

South Pacific Tuna Act of 1988, 16 U.S.C. 973 et seq.

Northern Pacific Halibut Act of 1982, 16 U.S.C. 773 et seq.

Atlantic Tunas Convention Act, 16 U.S.C. 971 et seq.

Antarctic Marine Living Resources Convention Act of 1984, 16 U.S.C. 2431 et seq.

Pacific Salmon Treaty Act of 1985, 16 U.S.C. 3631 et seq.

American Fisheries Act, 46 U.S.C. 12113 and 46 U.S.C. 31322

Sector: Services Related to Air Transportation

Obligations Concerned: National Treatment (Article 10.3) Most-Favoured-Nation Treatment (Article 10.4) Local Presence (Article 10.6)

Description: Cross-Border Trade in Services

The United States reserves the right to adopt or maintain any measure relating to the cross-border supply of airport operation services, computer reservation system services, ground handling services, and selling and marketing of air transport services, as defined in Article 10.1 (Definitions).

Existing Measures: International Air Transportation Fair Competitive Practices Act of 1974, as amended

Sector: Betting and Gambling

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) Market Access (Article 10.5) Local Presence (Article 10.6)

Description: Investment and Cross-Border Trade in Services

The United States reserves the right to adopt or maintain any measure relating to betting and gambling services.

Sector: All

Obligations Concerned: Market Access (Article 10.5)

Description: Cross-Border Trade in Services

The United States reserves the right to adopt or maintain any measure that is not inconsistent with the United States’ obligations under Article XVI of GATS as set out in the U.S. Schedule of Specific Commitments under GATS (GATS/SC/90, GATS/SC/90/Suppl.1, GATS/SC/90/Suppl.2, and GATS/SC/90/Suppl.3).

For the purposes of this entry only, the U.S. Schedule of Specific Commitments is modified as indicated in Appendix II-A.

Sector: All

Obligations Concerned: Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4)

Description: Investment and Cross-Border Trade in Services

The United States reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement.

The United States reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed after the date of entry into force of this Agreement involving:

(a) aviation;

(b) fisheries;

(c) maritime matters, including salvage; or

(d) launch of satellites in the international commercial space launch market (1).

APPENDIX II-A. United States

For the following Sectors, U.S. obligations under Article XVI of GATS as set out in the U.S. Schedule of Specific Commitments under GATS (GATS/SC/90, GATS/SC/90/Suppl.1, GATS/SC/90/Suppl.2, and GATS/SC/90/Suppl.3) are improved as described.

SCHEDULE OF VIET NAM

Sector: All

Sub-Sector:

Obligations Concerned: National Treatment (Article 9.4) Most-Favoured-Nation Treatment (Article 9.5) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11)

Description: Investment

Viet Nam reserves the right to adopt or maintain any measure conferring rights or privileges to socially, economically and geographically disadvantaged minorities and ethnic groups.

Existing Measures:

Sector: All

Sub-Sector:

Obligations Concerned: National Treatment (Article 9.4) Most-Favoured-Nation Treatment (Article 9.5) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11)

Description: Investment

Viet Nam reserves the right to limit the transfer or disposal of any interest held in an existing state enterprise to nationals of Viet Nam. This entry pertains only to the initial transfer or disposal of such interest. Viet Nam does not reserve this right with respect to subsequent transfers or disposals of such interest to nationals of Parties on the date hereof, subject to any limitation found in Viet Nam’s Annex I and Annex II.

Where Viet Nam transfers or disposes of an interest in an existing state enterprise in multiple phases, the preceding paragraph shall apply separately to each such phase.

Existing Measures: Law No. 59/2005/QH11 on Investment dated 29 November 2005

Law No. 60/2005/QH11 on Enterprise dated 29 November 2005

Decree No.108/2006/ND-CP dated 22 September 2006

Decree No. 139/2007/ND-CP dated 5 September 2007

Sector: All

Sub-Sector:

Obligations concerned: National Treatment (Article 9.4)

Description: Investment

The level of equity purchased on the Vietnamese stock exchange by foreign investors is subject to any equity limitations set forth in this Annex and Viet Nam’s Annex I. (1)

Existing Measures:

Sector: All

Sub-Sector:

Obligations Concerned: National Treatment (Article 9.4) Most-Favoured-Nation Treatment (Article 9.5) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11)

Description: Investment

Viet Nam reserves the right to adopt or maintain any measure relating to land ownership.

Existing Measures: Law No. 45/2013/QH13 on Land dated 29 November 2013 and its implementing regulations.

Sector: All

Sub-Sector:

Obligations Concerned: Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4)

Description: Investment and Cross-Border Trade in Services

Viet Nam reserves the right to adopt or maintain any measure that accords differential treatment:

(a) to countries under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement; and

(b) to ASEAN Member States under any ASEAN agreement open to participation by any ASEAN Member State, in force or signed after the date of entry into force of this Agreement.

Viet Nam reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed after the date of entry into force of this Agreement involving:

(a) maritime matters, including salvage;

(b) fisheries; and

(c) aviation.

Existing Measures:

Sector: Transport Services

Sub-Sector: Air-transport related services

Obligations Concerned: National Treatment (Article 9.4 and 10.3) Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4) Senior Management and Boards of Directors (Article 9.11) Local Presence (Article 10.6)

Description: Investment and Cross-Border Trade in Services

Viet Nam reserves the right to adopt or maintain any measure with respect to:

(a) specialty air services (except for commercial flight training);

(b) ground handling; and

(c) airport operation services.

Existing Measures:

Sector: All

Sub-Sector:

Obligations Concerned: National Treatment (Article 9.4 and Article 10.3)

Description: Investment and Cross-Border Trade in Services

Viet Nam reserves the right to adopt or maintain any measure regarding assistance to small and medium-sized enterprises (2) in production site selection and related regulatory matters, human resource training, providing research assistance and information on technology and equipment, legal assistance, and providing marketing assistance and promotional information.

Existing Measures: Decree No. 56/2009/ND-CP dated 30 June 2009

Sector: River Ports, Sea Ports and Airports Construction, operation and management

Sub-Sector:

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)

Description: Investment and Cross-Border Trade in Services

Viet Nam reserves the right to adopt or maintain any measure with respect to the construction, operation and management of river ports, sea ports and airports.

This entry shall not be invoked to nullify the commitments set out in Viet Nam’s Annex I.

Existing Measures:

Sector: All

Sub-Sector:

Obligations Concerned: National Treatment (Article 9.4)

Description: Investment

Viet Nam reserves the right to adopt or maintain any measure with respect to the establishment and operation of co-operatives, union of co-operatives, household business and sole-proprietorship.

Existing Measures:

Sector: Agriculture

Sub-Sector: Cultivating, producing or processing rare or precious plants, breeding or husbandry of precious or rare wild animal and processing of those plants or animals (including both living animals and processed matter taken from animals) (3)