Measures: Migration Law, Articles 62-A and 62-B
Legislative Decree No. 382, dated May 29, 1970, published in the Official Gazette No. 64, No. 227, dated April 10, 1970
Executive Decree No. 16, dated May 12, 1970, published in Official Gazette No. 87, No. 227, dated May 18, 1970
Description: Cross-Border Trade in Services
No foreign artist may offer a performance of any kind, without the prior express authorization of the Ministry of Government, which shall previously hear the illustrative opinion of the legally established union of artists in the field of work of the foreign artist, within 15 days of the request. The foreign artists shall pay in advance to the respective union a performance fee of 10 percent of the gross remuneration they receive in the country. No foreign artist or group of artists may perform in the country for more than 30 consecutive days or at intervals within a period of one year from the first day of their performance. An artist is any person who performs in El Salvador, either individually or in the company of another or others, for the performance of music, singing; dancing or reading or offering performances, either in person (live) before a large or small audience or by means of radio or television.
Sector: Circuses
Obligations Concerned: National Treatment (Article 4.04)
Measures: Ley de Migración, Article 62-C
Decree No. 122 dated November 4, 1988, published in the Diario Oficial No. 219, No. 301, dated November 25, 1988, Article 3
Decreto Legislativo No. 382 dated May 29, 1970, published in the Diario Oficial No. 64, No. 227, dated November 25, 1988.
Decree No. 193 dated March 8, 1989, published in the Official Gazette No. 54, No. 302, dated March 17, 1989, Articles 1 and 2
Regulations for the Application of Legislative Decrees 122 and 193 Related to Circus Companies, Articles 1 and 2
Description: Cross-Border Trade in Services
Foreign circuses or similar shows must pay to the respective Circus Artists Union the performance fee equivalent to 2.5 percent of the gross admission, which is collected daily at the box office. The fee must be paid in full through the withholding system. Every foreign circus must be authorized by the appropriate Ministry and, once authorized, notify the Salvadoran Association of Circus Entrepreneurs (ASEC) and is obliged to pay to the ASEC 3 percent of the gross income from the sale of tickets for each performance, as well as 10 percent of the total income obtained from the sale to the public within the circus of pennants, caps, T-shirts, balloons, photographs and other kinds of objects. A foreign circus that enters El Salvador may only work in the city of San Salvador for a period of 15 days, extendable only once for another 15 days. A foreign circus that has performed in the country, may only enter again after one year from the date of departure.
Sector: Performing Arts
Obligations Concerned: National Treatment (Article 4.04)
Measures: Decree of the provisions to regulate the exploitation of works of intellectual nature by means of public communication and the participation of Salvadorian artists in public shows.
Legislative Decree No. 239, dated June 9, 1983, published in the Official Gazette No. 111, No. 279, dated June 15, 1983
Decree No. 18, Substitution of Articles 1 and 4 of Legislative Decree No. 239, dated June 9, 1983, published in the Official Gazette No. 7, No. 282, dated January 10, 1984
Description: Cross-Border Trade in Services
When it is a question of public spectacles with the live participation of artists of any generation, the participation of Salvadorian nationals shall be equivalent to 20 percent of the number of foreigners participating.
Sector: Construction and Related Engineering Services
Obligations Concerned: National Treatment (Articles 3.04 and 4.04) Most-Favored-Nation Treatment (Articles 3.05 and 4.03) Local Presence (Article 4. 05)
Measures: Law of Incentives to National Enterprises of the Construction Industry, Legislative Decree No. 504, published in the Official Gazette No. 167, No. 308, dated July 9, 1990, amended by Legislative Decree No. 733, published in the Official Gazette No. 80, No. 311, dated April 23, 1991
Description: Investment and Cross-Border Trade in Services
To develop activities of design, consulting, consulting and administration of engineering or architectural projects or any type of work or study with respect to the construction of such projects, whether before, during or after construction, a company whose majority capital is owned by foreigners ("foreign company"), must be contractually associated with a company legally registered, qualified and established in El Salvador ("salvadoreña company") unless the foreign company determines that such salvadoreña company is not available. In addition, an engineering or architectural project is subject to the following requirements: a) companies incorporated in accordance with Salvadoran law must have an investment in the project equivalent to at least 20 percent of the value of the project; and b) such companies must provide at least 30 percent of the technical personnel and 90 percent of the administrative personnel for the project. The requirements of subparagraph b) do not apply if the foreign company determines that Salvadoran companies are not capable of providing the necessary resources. For greater certainty, technical and administrative personnel do not include executive personnel. The requirements of subparagraphs a) and b) above do not apply: i) when the funds for the project come partially or wholly from foreign governments or international organizations; or ii) to specific projects or donations for specialized technical cooperation.
Sector: Public Accounting and Auditing
Obligations Concerned: National treatment (Articles 3.04 and 4.04) Most-favored-nation treatment (Articles 3.05 and 4.03)
Measures: Law Regulating the Practice of Accounting, Articles 2, 3 and 4
Descriptions : Investment and Cross-Border Trade in Services
Only a Salvadoran national may be authorized as a public accountant. Only a person authorized as a public accountant can be authorized as an external auditor. For a company to be authorized to provide public accounting services, the main partners, shareholders or associates must be Salvadoran nationals, and at least one person among the partners, shareholders, associates or administrators must be authorized as a public accountant in El Salvador.
Sector: Professional Services:- Architectural Services- Engineering Services- Integrated Engineering Services- Urban Planning and Landscape Services
Obligations Concerned: National Treatment (Article 4.04) Local Presence (Article 4.05)
Measures: Ley de Urbanismo y Construcci6n, Articles 4 and 8
Executive Decree No. 34, D.O. No. 4, Torno 306 del 8. 4, Torno 306 of January 8, 1990, Registro Nacional de Arquitectos, lngenieros, Proyectistas y Constructores.
Decreto Ejecutivo No. 75, D.O. No. 11, Torno 310 of January 17, 1991, Reglamento lnterno del Consejo Nacional de Arquitectos, lngenieros, Proyectistas y Constructores, Articles 25, 26 and 27.
Description: Cross-Border Trade in Services
Only architects and engineers registered in the Registro Nacional de Arquitectos, lngenieros, Disenadores y Constructores (Registro Nacional) may supervise an architectural and engineering work of construction projects and sign and seal the architectural or engineering pianos for such projects.An architect or engineer must be a resident of El Salvador to be registered in the Registro Nacional.Designers, builders and electrical installation technicians must be Salvadoran nationals to be registered in the Registro Nacional.
Sector: Professional Services - Health Services (including but not limited to: General and Specialized Medical Services, Dental Services, Veterinary Services, Paramedical Services, Services Provided by Psychologists, Midwives, Nurses, Physiotherapists, Chemists and Qualified Clinical Laboratory Technicians, Technicians and Auxiliaries)
Obligations Concerned: Most favored nation treatment (Article 4. 03) National treatment (Article 4.04) Local presence (Article 4.05)
Measures: Health Code, Articles 4, 5, 17, 23, 30, 31,32 and 306.
Description: Cross Border Trade in Services
Authorization is required for the exercise of the various specialized, technical and auxiliary health professions and activities. The authorization will be granted by the respective Boards of Surveillance of the Professions. The Boards may grant authorizations of permanent, temporary or provisional character. Only the authorizations of permanent character grant the private professional activity. To the other authorizations, restrictions and limitations that the law contemplates for the respective purposes are applied. To grant authorization of permanent character, the respective Surveillance Board, will demand that the persons are Salvadoran nationals by birth or that they are authorized to reside permanently in the country. In addition to complying with the requirements of the law, foreigners must provide evidence that in the jurisdiction where they obtained their academic degree, Salvadoran nationals or graduates in El Salvador are allowed to practice the profession under similar circumstances.
Sector: Professional Services- Legal Services (Notary Public)
Obligations Concerned: Most favored nation treatment (Article 4.03) National treatment (Article 4.04) Local presence (Article 4.05)
Measures: Notarial Law, Article 4
Description: Cross Border Trade in Services
Only those persons authorized by the Supreme Court of Justice may exercise the function of notary public. Only Salvadoran nationals who are attorneys at law may obtain such authorization. Central American nationals who have been authorized to practice law in El Salvador and who have resided in the country for at least two years may also obtain such authorization, provided that: a) they have not been disqualified from practicing notary public in their own country and b) Salvadoran nationals may exercise such function in their country without any requirements other than those established in Salvadoran law.
Sector: Professional Services - Teachers
Obligations Concerned: National Treatment (Article 4.04)
Measures: Constitution of the Republic, Article 60
Description: Cross-Border Trade in Services
Only Salvadoran nationals may teach national history and the Constitution.
Sector: Professional Services- Customs Agents
Obligations Concerned: National treatment (Articles 3.04 and 4.04) Most favored nation treatment (Articles 3.05 and 4.03)
Measures: Regulations of the Central American Uniform Customs Code, Article 18.
Description: Investment and Cross-Border Trade in Services
Only nationals of Central American countries may work as customs agents.
Sector: Transportation Services- Land Transportation Services
Obligations Concerned: National Treatment (Articles 3.04 and 4.04)
Measures: Constitution of the Republic of El Salvador, Article 95 Law of Land Transportation, Transit and Road Safety, Articles 38-A and 38-B
General Regulation of Land Transportation, Articles 1 and 2
Description: Investment and Cross-Border Trade in Services
Permits for the provision of regular and non-regular passenger transportation services within El Salvador may only be granted to Salvadoran nationals or their partners. Only vehicles with Salvadoran license plates may transport goods from points in El Salvador to other points in El Salvador. At least 51 percent of the capital stock of a company engaged in the transportation of goods in El Salvador must be owned by Salvadorian nationals. If such capital is owned by a company, at least 51 percent of the shares of such company must be owned by Salvadoran nationals.
Sector: Land Transport
Obligations Concerned: Market Access (Article 4.06)
Measures: General Land Transport Regulations, Articles 11, 29 and 30
Description: Cross-Border Trade in Services
Concessions for public land passenger transportation for a specific route will be limited, subject to technical studies of existing demand. A concession of a free supply service of public land passenger transport is limited to one vehicle.
Sector: Energy
Obligations Concerned: Market Access (Article 4.06)
Measures: Law Regulating the Deposit, Transportation and Distribution of Petroleum Products, Article 8
Description: Cross-Border Trade in Services
The construction of a gas station shall not be authorized unless it is at a prudent distance from another gas station, in order to avoid excessive concentration. A prudent distance is considered to be no less than 600 meters in an urban area, and 10 kilometers in a rural area; the latter case also applies to roads of the same destination. For dual carriageway arterials, with a central separator, the distance shall be taken on each carriageway, independently of each other.
Annex I. Schedule of Guatemala
Sector: All Sectors
Obligations Affected: National Treatment (Article 3.04)
Measures: Decree Number 118-96 reforming Decree Numbers: 38-71 and 48-72, Articles 1 and 2.
Description: Investment
Only the following persons may obtain titles of ownership, lease or usufruct of national lands in the Department of Peten:1) Guatemalans by birth, who are not owners of rustic real estate in any part of the territory that is not larger than 45 hectares; and2) Guatemalans by birth, who are not owners of industrial, mining or commercial enterprises. The companies owned 100% by Guatemalans by birth, that meet the requirements listed in the previous paragraph, may obtain titles of ownership, lease or usufruct of national lands in the Department of Petén.
Sector: All Sectors
Obligations Concerned: National Treatment (Article 3.04)
Measures: Supplementary Titling Law, Decree Number 49-79, Article 2
Description: Investment
Only Guatemalans by birth and companies that are majority owned by Guatemalans by birth, may obtain supplementary titling.
Sector: All Sectors
Obligations Concerned: National Treatment (Article 3.04)
Measures: Political Constitution of the Republic of Guatemala, Article 122
Ley Reguladora de las Areas de Reservas Territoriales del Estado de Guatemala, Decreto Numero 126-97, Article 5
Description: Investment
Foreigners, require an authorization from the Office of Control of State Reserve Areas to acquire in property the following state-owned lands:a) national lands located in urban areas, and b) national lands in property, on which there are rights registered in the General Property Registry, prior to March 1, 1956, located in: i. A land strip of three kilometers along the oceans; ii. 200 meters around the shores of lakes; iii. 100 meters on each side of the banks of navigable rivers; and, v. 50 meters around the sources and springs where waters that supply the populations are born. Only the Government of Guatemala may rent real estate owned by the State, described above, to companies legally incorporated in Guatemala.
Sector: All Sectors
Obligations Concerned: National Treatment (Article 3.04)
Measures: Political Constitution of the Republic of Guatemala, Article 123
Description: Investment
Only Guatemalans by birth and companies owned 100% by Guatemalans by birth, may own or possess national land located within 15 kilometers of the borders. Foreigners may, however, own or possess urban property or State property rights, registered in the General Property Registry, prior to March 1, 1956 within 15 kilometers of the border.
Sector: All Sectors
Obligations Concerned: National Treatment (Article 3.04)
Measures: Code of Commerce, Decree Number 2-70 and its reforms, contained in Decree Number 62-95, Article 215
Description: Investment
For a company incorporated under the foreign laws to establish itself in Guatemala, in any form, it must constitute a capital assigned for its operations in Guatemala, and a guarantee in favor of third parties for an amount not less than the equivalent in quetzales of 50,000 United States dollars, which must remain in force during the entire time said company operates in Guatemala. For greater certainty, the requirement of a bond should not be considered as an impediment for a company organized under the laws of a foreign country to establish itself in Guatemala.
Sector: Forestry
Obligations Concerned: National Treatment (Article 3.04)
Measures: Political Constitution of the Republic of Guatemala, Article 126
Description: Investment
Only Guatemalans by birth or companies incorporated under national laws may exploit and renew forest resources.
Sector: Professional Services - Notaries
Obligations Concerned: National Treatment (Article 4.04) Local Presence (Article 4.05)
Measures: Notarial Code, Decree Number 314, Article 2
Description: Cross Border Trade in Services
To practice as a notary an individual must be Guatemalan by birth and domiciled in Guatemala.
Sector: Professional Services
Obligations Concerned: National Treatment (Article 3.04)
Measures: Commercial Code, Decree Number 2-70, Article. 213
Description: Investment
An enterprise organized under the eyes of a foreign country engaged in the rendering of professional services that requires legal university recognition of a university degree, diploma or degree, may not be established in Guatemala. However, a company may provide such services in Guatemala through a contract or other relationship with a company incorporated in Guatemala.r
Sector: Cultural Entertainment
Obligations Concerned: National Treatment (Article 4.04) Local Presence (Article 4.05)
Measures: Ley de Espectaculos Publicos, Decreto Numero 574, Articles 36, 37 and 49
Ministerial Agreement No. 592-99 of the Ministry of Culture and Sports, Article 1
Description: Cross Border Trade of Services
For the authorization of the administration of cultural entertainment a contract with foreign groups, companies or artists is required.A show company, for the presentation of foreign artists or artistic groups in Guatemala, must present a letter of consent from the union or non-governmental organization of artists, legally recognized in the Pafs. In the mixed shows, formed by one or several shows and number of varieties, special inclusion will be given to Guatemalan artists, if the circumstances of the cast, program and contract allow it.
Sector: Tourism Services - Tour Guides
Obligations Concerned: National Treatment (Article 4.04) Local Presence (Article 4.05)
Measures: Agreement Number 219-87 of the Guatemalan Tourism Institute - Operation of Tour Guides, Article 6
Description: Cross Border Trade of Services
Only Guatemalans by birth or foreigners residing in Guatemala may render services as tourist guides in Guatemala.
Sector: Specialized Air Service