48. Sector: Communications
Subsector: Entertainment Services (Cinemas)
Reserved Obligations: Articles 9.3 (Most-Favored-Nation Treatment) and 10.4 (Most-Favored-Nation Treatment) Articles 9.5 (National Treatment) and 10.3 (National Treatment) Article 10.7 (Performance Requirements)
Level of Government: Federal
Measures: Federal Law on Cinematography, Chapter III
Regulation of the Federal Law on Cinematography, Chapter V
Description: Cross Border Trade in Services and Investment
Exhibitors will reserve 10% of total exhibition time for the projection of national films.
Annex I . STATE RESERVATIONS. SCHEDULE OF MEXICO
1. Sector: All Sectors
Subsector:
Obligations Concerned: Article 9.5 (National Treatment)
Level of Government: State (State of Baja California Sur)
Measures: Political Constitution of the State of Baja California Sur, Official Gazette, December 9, 1993, Chapter III
Description: Cross Border Trade in Services
South Californians will be preferred for all kinds of concessions in which the quality of citizenship is indispensable.
2. Sector: All Sectors
Subsector:
Affected Obligations: Article 10.3 (National Treatment) Article 10.4 (Most-Favored-Nation Treatment) Article 10.7 (Performance Requirements)
Level of Government: State (State of Jalisco)
Measures: Law for the Economic Promotion of the State of Jalisco, Official Gazette, December 31, 1994, Chapter VI, Article 11.
As rated by the element Description
Description: Investment
For the granting of incentives, social profitability criteria must be used, taking into consideration the volume of exports, among others.
For the purposes of this reserve, existing means the measure in force as of January 1, 1994.
3. Sector: All Sectors
Subsector:
Obligations Concerned: Article 10.3 (National Treatment) Article 10.7 (Performance Requirements)
Level of Government: State (State of Puebla)
Measures: Ley Orgánica de la Administración Pública del Estado de Puebla, Periódico Oficial, June 4, 1996, Chapter V, Article 32
Description: Investment
The Secretariat of Economic Development will be in charge of directing, coordinating and controlling the execution of the programs of economic development and promotion for the integral, regional and sectorial development of the entity.
4. Sector: All Sectors
Subsector:
Obligations Concerned: Article 10.7 (Performance Requirements)
Level of Government: State (State of Puebla)
Measures: Fiscal Code of the State of Puebla, Periódico Oficial, December 29, 1987, Articles 13, 14 and 41.
Description: Investment
The tax authorities are empowered to authorize the payment in installments, either deferred or in partial payments of omitted taxes and their accessories, under the requirements established in this code. Likewise, they will hear and resolve requests for total or partial remission or exemption of payment of taxes and their accessories. In addition, they will grant subsidies and fiscal incentives.
5. Sector: All Sectors
Subsector:
Obligations Affected: Article 10.3 (National Treatment) Article 10.7 (Performance Requirements)
Level of Government: State (State of Tamaulipas)
Measures: Ley de Fomento y Protección a la Industria, Periódico Oficial, April 1, 1964, Chapter I, Article 7
Description: Investment
The granting of tax exemptions is conditioned to new or necessary assembly industries that assemble merchandise with parts that are entirely manufactured in the country and those that with their own equipment, produce no less than 25% of the direct cost of the totality of the parts with which they assemble their products, but, that in no case use parts of foreign origin that represent more than 40% of said cost.
6. Sector: All Sectors
Subsector:
Obligations Concerned: Articles 9.5 (National Treatment) and 10.3 (National Treatment)
Level of Government: State (State of Sinaloa)
Measures: Political Constitution of the State of Sinaloa, Periódico Oficial, July 20, 1922, Chapter II, Article 10, section III.
Description: Cross Border Trade in Services and Investment.
It is the prerogative of the Sinaloan citizen to be preferred in equal circumstances to those who are not Sinaloan citizens, in all kinds of concessions of the Government of the State and Municipalities.
7. Sector: Water
Sub-sector: Water Collection, Purification and Distribution
Obligations Concerned: Articles 9.5 (National Treatment) and 10.3 (National Treatment)
Level of Government: State (State of Guerrero)
Measures: Ley del Sistema Estatal de Agua Potable, Alcantarillado y Saneamiento del Estado de Guerrero, Diario Oficial, April 26, 1994, Chapter V, Article 39
Description: Cross Border Trade in Services and Investment.
Authorization for the commercial distribution of potable water will only be granted to Mexicans or companies incorporated under the terms of the law when the supply of potable water to the population so requires.
8. Sector: Commerce
Subsector: Wholesale and retail trade of food products, beverages and tobacco.
Obligations Concerned: Article 10.3 (National Treatment)
Level of Government: State (State of Quintana Roo)
Measures: Law for the Control of Sales and Consumption of Alcoholic Beverages in the State of Quintana Roo, Periódico Oficial, January 15, 1991, Chapter III, Articles 27 and 30
Description: Investment
The patent for the sale of alcoholic beverages is granted to individuals and corporations incorporated under the laws of the country.
In the case of foreign individuals, a document supporting their financial capacity must be submitted.
The granting of patents is a discretionary act of the Governor of the State.
9. Sector: Commerce
Subsector: Wholesale and retail trade of food products, beverages and tobacco.
Obligations Concerned: Articles 9.5 (National Treatment) and 10.3 (National Treatment)
Level of Government: State (State of Sonora)
Measures: Law number 119 that regulates the Operation and Functioning of Establishments for the Manufacture, Bottling, Distribution, Storage, Transportation, Sale and Consumption of Beverages with Alcoholic Content in the State of Sonora, Official Gazette, June 25, 1992, Chapter VI, Article 47.
Description: Cross Border Trade of Services and Investment.
A license is required for the opening and operation of establishments destined for the manufacture, bottling, distribution, storage, transportation, sale and consumption of beverages with alcoholic content. This license is granted to Mexicans.
10. Sector: Commerce
Subsector: Wholesale and retail trade of food products, beverages and tobacco.
Obligations Concerned: Articles 9.5 (National Treatment) and 10.3 (National Treatment)
Level of Government: State (State of Tabasco)
Measures: Law that Regulates the Sale, Distribution and Consumption of Alcoholic Beverages and Beers in the State, Periódico Oficial, December 26, 1981, Chapter IV, Articles 26 and 28
Description: Cross Border Trade of Services and Investment.
A license is required for the opening and operation of establishments dedicated to the sale and consumption of alcoholic beverages. This license is granted to Mexicans.
11. Sector: Retail trade
Subsector:
Obligations Concerned: Articles 9.5 (National Treatment) and 10.3 (National Treatment)
Level of Government: State (State of Veracruz)
Measures: Reglamento de Mercados para el Estado, Gaceta Oficial, April 25, 1959, Chapter III, Articles 17 and 18
Description: Cross Border Trade of Services and Investment
Permanent and temporary merchants wishing to obtain a locale in the State's markets must be Mexican by birth.
12. Sector: Commerce
Subsector: Wholesale and retail trade of food products, beverages and tobacco.
Obligations Concerned: Articles 9.5 (National Treatment) and 10.3 (National Treatment)
Level of Government: State (State of Zacatecas)
Measures: Ley sobre el Funcionamiento y Operación de Establecimientos destinados al Almacenaje, Distribución, Venta y Consumo de Bebidas Alcohólicas, Periódico Oficial, December 29, 1996, Articles 8 and 9
Description: Cross Border Trade of Services and Investment
In order to obtain a license for the operation of establishments for the storage, distribution, sale and consumption of alcoholic beverages, Mexican nationality is required for individuals and legal incorporation is required for legal entities.
13. Sector: Professional, Technical and Specialized Services.
Subsector:
Obligations Affected: Article 9.5 (National Treatment)
Level of Government: State (State of Veracruz)
Measures: Ley del Ejercicio Profesional para el Estado, Gaceta Oficial, December 24, 1963, Chapter I, Article 2; Chapter III, Section III, Article 14 and Chapter V, Article 19
Description: Cross Border Commerce of Services
Foreigners may practice in the State the professions regulated by this Law, provided they are authorized by the Department of Professions.
14. Sector: Public Services
Subsector:
Obligations Affected: Articles 9.5 (National Treatment) and 10.3 (National Treatment)
Level of Government: Federal District
Measures: Organic Law of the Federal District Department, Official Gazette, December 29, 1978, Chapter III
Description: Cross Border Trade in Services and Investment.
Concession is required to provide public services. The concession will be granted to individuals or corporations of Mexican nationality.
15. Sector: Public Services
Subsector:
Obligations Concerned: Articles 9.5 (National Treatment) and 10.3 (National Treatment) Article 9.6 (Local Presence)
Level of Government: State (State of Guerrero)
Measures: Law that Establishes the Bases for the Regime of Permits, Licenses and Concessions for the Provision of Public Services and the Exploitation and Use of State and Municipal Property, Official Gazette, October 10, 1989, Chapter V, Article 34.
Description: Cross Border Trade in Services and Investment
Concessions are required for the rendering of public services, as well as for the exploitation and use of state property. These concessions will be granted to Mexicans and, preferably, to neighbors of the municipality where the service to be rendered is located. The legal entities must be
The legal entities must be constituted in accordance with the law.
16. Sector: Professional, Technical and Specialized Services
Subsector: Public Brokers
Obligations Concerned: Article 9.5 (National Treatment)
Level of Government: State (State of Nuevo León)
Measures: Regulation of Brokers of the State of Nuevo Leon, Periódico Oficial, August 2, 1985, Article 12
Description: Cross Border Trade of Services
To practice as a public broker in the entity it is required to be a Mexican citizen.
17. Sector: Professional, Technical and Specialized Services
Subsector: Engineers and Architects
Obligations Concerned: Article 9.5 (National Treatment)
Level of Government: State (State of Oaxaca)
Measures: Reglamento de Construcciones Públicas y Privadas para el Estado de Oaxaca, Periódico Oficial, May 18, 1978, Title Two, Chapter VI, Article 38
Description: Cross Border Trade of Services
In order to obtain registration as a responsible construction manager, Mexican nationality is required.