Measures: Electricity Industry Law, Law No. 272 published in the Gazette No. 74 of April 23, 1998, Articles 27 and 58
Description: Cross-Border Trade in Services
Electricity transmission services may only be performed by the National Load Dispatch Center.
Sector: Lottery Administration
Obligations Concerned: Market Access (Article 4.06)
Measures: Internal Regulations of the National Lottery, published in La Gaceta No. 229 of December 3, 1996, Articles 4 and 5
Description: Cross-Border Trade of Services
Only the Lotería Nacional, a company owned by the State, may carry out the activities of administration of lotteries, raffles, raffles, promotions, and games of chance for money or in kind. Notwithstanding the foregoing, commercial promotions are permitted with the prior authorization of the National Lottery, which will be freely granted.
Sector: Social communication services
Obligations Concerned: Market access (Article 4.06)
Measures: General Law of Telecommunications and Postal Services, Law No. 200, published in La Gaceta Diario Oficial No. 154 of August 18, 1995, Article 118
Description: The issuance, financing and commercialization of postage stamps, as well as the use of franking machines and other analogous systems, is reserved to Correos de Nicaragua.
Annex II. Future Measures
Explanatory Note
1. The Schedule of a Party to this Annex sets out, in accordance with Articles 3.09 (Reservations and Exceptions) and 4.07 (Reservations and Exceptions), the sectors, subsectors, or specific activities for which that Party may maintain existing measures, or adopt new or more restrictive measures, that are inconsistent with the obligations imposed by:
a) Articles 3. 04 (National Treatment);or 4.04 (National Treatment);
b) Articles 3.05 (Most-Favored-Nation Treatment); or 4.03 (Most-Favored-Nation Treatment);
c) Article 3.07 (Performance Requirements);
d) Article 3.08 (Senior Management and Boards of Directors);
e) Article 4.05 (Local Presence);
f) Article 4. 06 (Market access).
2. Each Schedule entry sets forth the following elements:
a) Sector refers to the sector for which the entry has been made;
b) Obligations Concerned specifies the obligation or obligations referred to in paragraph 1 which, by virtue of Articles 3.09 (Reservations and exceptions) and 4. 07 (Reservations and Exceptions), do not apply to the sectors, subsectors or activities listed on the fiche;
c) Description indicates the coverage of the sectors, subsectors or activities covered by the schedule; and
d) Measures in Force identifies, for transparency purposes, the measures in force that apply to the sectors, subsectors or activities covered by the schedule.
3. Pursuant to Articles 3.09 (Reservations and Exceptions) and 4.07 (Reservations and Exceptions), the Articles of this Treaty specified in the Obligations Affected element of a schedule do not apply to the sectors, subsectors and activities identified in the Description element of that schedule.
Annex II. Schedule of Costa Rica
Sector: All Sectors
Obligations Concerned: Most favored nation treatment (Articles 3.05 and 4.03)
Description: Investment and Cross-Border Trade in Services.
Costa Rica reserves the right to adopt or maintain any measure granting differential treatment to countries under any bilateral or multilateral international treaty in force or entered into after the date of entry into force of this Agreement with respect to: a) aviation; b) fisheries; and c) maritime matters, including salvage.
Sector: Cultural Industries
Obligations Concerned: Most-Favored-Nation Treatment (Articles 3.05 and 4.03)
Description: Investment and Cross-Border Trade in Services
Costa Rica reserves the right to adopt or maintain any measure that grants differential treatment to countries under any existing or future bilateral or multilateral international treaties with respect to cultural industries, such as audiovisual cooperation agreements. For greater certainty, government support programs through subsidies for the promotion of cultural activities are not subject to the limitations or obligations of this Agreement. Cultural industries means persons engaged in any of the following activities: a) the publication, distribution or sale of books, magazines, periodicals, or printed or electronic newspapers, excluding the printing and typesetting of any of the foregoing; b) the production, distribution, sale or exhibition of audio or video recordings;c) the production, distribution, sale or exhibition of audio or video recordings of music; d) the production, distribution, or sale of machine-readable printed music; or e) radio broadcasting for the general public, as well as all activities related to radio, television and cable transmission, satellite programming services and transmission networks.
Sector: Social Services
Obligations Concerned: National Treatment (Articles 3.04 and 4.04) Most-Favored-Nation Treatment (Articles 3.05 and 4.03) Performance Requirements (Article 3.07) Senior Management and Boards of Directors (Article 3.08) Local Presence (Article 4.05) Market Access (Article 4.06)
Description: Investment and Cross-Border Trade in Services
Costa Rica reserves the right to adopt or maintain any measure with respect to the performance of leyes and the supply of social readaptation services such as the following services, to the extent that they are social services that are established or maintained in the public interest: income insurance or security, social security services, social welfare, public education, public training, health, child care, public sewerage services, and water supply services.
Annex II. Schedule of El Salvador
Sector: All Sectors
Obligations Concerned: Most-Favored-Nation Treatment (Articles 3.05 and 4.03)
Description: Investment and Cross-Border Trade in Services
El Salvador reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international treaty in force or to be concluded after the date of entry into force of this Agreement with respect to: a) aviation; b) fisheries; and c) maritime affairs, including salvage.
Sector: Social Services
Obligations Concerned: National Treatment (Articles 3.04 and 4.04) Most-Favored-Nation Treatment (Articles 3.05 and 4.03) Performance Requirements (3.07) Senior Management and Boards of Directors (3.08) Local Presence (Article 4.05) Market Access (4.06)
Description: Investment and Cross-Border Trade in Services
El Salvador reserves the right to adopt or maintain any measure with respect to the execution of !eyes and social readaptation services such 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 childcare.
Sector: Minority Issues
Obligations Concerned: National Treatment (Articles 3.04 and 4.04) Performance Requirements (3.07) Senior Management and Boards of Directors (3.08) Local Presence (Article 4.05)
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.
Annex II. Schedule of Guatemala
Sector: All Sectors
Obligations Concerned: Most-Favored-Nation Treatment (Articles 3.05 and 4.03)
Description: Investment and Cross-Border Trade in Services
Guatemala reserves the right to adopt or maintain any measure providing for different treatment between countries under any international agreement in force or entered into after the date of entry into force of this Agreement involving: a) aviation; b) fisheries; and c) maritime affairs, including salvage.
Sector: Maritime Transport
Obligations Concerned: National Treatment (Articles 3.04 and 4.04) Most-Favored-Nation Treatment (Articles 3.05 and 4.03) Performance Requirements (Article 3.07) Senior Management and Boards of Directors (Article 3.08) Local Presence (Article 4.05)
Description: Investment and Cross-Border Trade in Services
Guatemala reserves the right to adopt or maintain any measure related to maritime transport services provisions.
Sector: Issues Related to Minorities and Disadvantaged Indigenous Populations
Obligations Concerned: National Treatment (Articles 3.04 and 4.04) Performance Requirements (Article 3.07) Senior Management and Boards of Directors (Article 3.08) Local Presence (Article 4. 05)
Description: Investment and Cross-Border Trade in Services
Guatemala reserves the right to adopt or maintain any measure that guarantees rights or preferences for indigenous, socially and economically disadvantaged minorities and populations.
Annex II. Schedule of Honduras
Sector: Communication Services - Telecommunications.
Obligations Concerned: National Treatment (Article 3.04) Market Access (Article 4.06).
Description: Investment and Cross-Border Trade in Services
Honduras reserves the right to adopt, maintain, or modify the level of ownership interest in Empresa Hondurefia de Telecomunicaciones (HONDUTEL), as well as its affiliates or subsidiaries.
Sector: All sectors
Obligations Concerned: Most-Favored Nation Treatment.(Articles 3.05 and 4.03).
Description: Investment and Cross-Border Trade in Services
Honduras reserves the right to adopt or maintain any measure that grants different treatment to countries under any bilateral or multilateral international treaty in force or to be signed after the date of entry into force of this Agreement with respect to: a) aviation; b) fisheries; or c) maritime affairs, including salvage.
Sector: Agricultural Engineers
Obligations Concerned: Most-Favored-Nation Treatment (Article 4.03) National Treatment (Article 4.04) Local Presence (Article 4.05)
Description: Cross-Border Trade in Services
Honduras reserves the right to adopt or maintain any measure that applies to the compulsory professional registration of agricultural engineers.
Sector: Social Workers
Obligations Concerned: National Treatment (Article 4.04)
Description: Cross-Border Trade in Services
Honduras reserves the right to adopt or maintain any measure that applies to the compulsory professional registration of social workers.
Sector: Medical and pharmaceutical products
Obligations Concerned: Most-favored-nation treatment (Article 4.03) National treatment (Article 4.04) Local presence (Article 4.05)
Description: Cross-Border Trade in Services
Honduras reserves the right to adopt or maintain any measure that applies to the compulsory professional registration of chemists and pharmacists.
Sector: Social Services
Obligations Concerned: Senior Management and Boards of Directors (Article 3.08) Most-Favored-Nation Treatment (Article 4.03) National Treatment (Article 4.04) Local Presence (Article 4.05) Market Access (Article 4.06)
Description: Investment and Cross-Border Trade in ServicesHonduras reserves the right to adopt or maintain any measure with respect to the application and implementation of laws, and the provision of social readaptation services; as well as the following services to the extent that they are social services that are established or maintained for reasons of public interest; pensions, unemployment insurance, social security services, pension fund services, social welfare, public education, public training, health and child care.
Sector: Minority-Related Matters.
Obligations Concerned: National Treatment (Article 3.04 and 4.04) Performance Requirements (Article 3.07) Senior Management and Administration (Article 3.08) Local Presence (Article 4.05) Boards of Directors (Article 4.05)
Description: Investment and Cross-Border Trade in Services
Honduras reserves the right to adopt or maintain any measure that grants rights or preferences to socially and economically disadvantaged minorities.
Annex II. Schedule of Nicaragua
Sector: All Sectors
Obligations Concerned: National Treatment (Article 3.04) Senior Management and Boards of Directors (Article 3.08)
Description: Investment
Nicaragua reserves the right to limit the transfer or disposition of any interest in an existing state enterprise to the effect that only Nicaraguan nationals may receive such interest. However, the foregoing provision applies only to the initial transfer or disposition of such interest. Nicaragua does not reserve this right with respect to subsequent transfers or dispositions of such interest. Nicaragua reserves the right to limit control of any new enterprise created by the transfer or disposition of any interest described in the preceding paragraph by means other than limitations on the ownership of the interest. Nicaragua further reserves the right to adopt or maintain any measure relating to the nationality of senior management and members of the board of directors of such new enterprise.
Sector: Minority and indigenous peoples' issues
Obligations Concerned: National treatment (Articles 3.04 and 4.04) Most-favored-nation treatment (Articles 3.05 and 4.03) Performance requirements (Article 3.07)Senior management and boards of directors (Article 3.08) Local presence (Article 4.05)
Description: Investment and Cross-Border Trade in Services
Nicaragua reserves the right to adopt or maintain any measure that grants rights or preferences granted to socially or economically disadvantaged minorities and indigenous peoples.
Sector: Communications
Obligations Concerned: Most-Favored-Nation Treatment (Articles 3.05 and 4.03).
Description: Investment and Cross-Border Trade in Services
Nicaragua reserves the right to adopt or maintain any measure that grants differential treatment to persons of other countries due to the application of reciprocal measures or through international agreements involving radio spectrum sharing, guaranteed market access or national treatment with respect to one-way satellite transmission of direct-to-home (DTH) and direct broadcasting (DBS) television and audio-digital services.
Sector: All Sectors
Obligations Concerned: Most-Favored-Nation Treatment (Articles 3.05 and 4.03)
Description: Investment and Cross-Border Trade in Services
Nicaragua reserves the right to adopt or maintain any measure that accords different treatment to countries under any bilateral or multilateral international treaty in force or entered into after the date of entry into force of this Agreement with respect to: a) aviation; b) fisheries; or c) maritime affairs, including salvage.
Sector: Coastal Land, Islands and River Banks
Obligations Concerned: National Treatment (Article 3.04)
Description: Investment
Nicaragua reserves the right to adopt or maintain any measure with respect to coastal land, islands and river banks in Nicaragua's possession.
Sector: Social Services
Obligations Concerned: National Treatment (Articles 3.04 and 4.04) Most-Favored-Nation Treatment (Articles 3.05 and 4.03) Performance Requirements (Article 3.07) Senior Management and Boards of Directors (Article 3.08) Local Presence (Article 4.05)
Description: Investment and Cross-Border Trade in Services
Nicaragua reserves the right to adopt or maintain any measure with respect to the performance of correctional !eyes and services, and the following services to the extent that they are services to be established or maintained for reasons of public interest: unemployment insurance, social insurance and social security, social welfare, public education, public training, health and child care.