88. Sector: Transportation
Subsector: Land Transportation
Obligations Concerned: Articles 9.5 (National Treatment) and 10.3 (National Treatment) Article 9.6 (Local Presence)
Level of Government: State (State of Puebla)
Measures: Reglamento de Tránsito del Estado de Puebla, Periódico Oficial, October 19, 1984, Title 6, Chapter I, Article 161
Description: Cross Border Trade of Services and Investment.
Concession is required for the rendering of public transportation services. Concessions will not be granted when the applicant is a foreigner or the company, if any, is a corporation.
89. Sector: Transportation
Subsector: Land Transportation
Obligations Concerned: Articles 9.5 (National Treatment) and 10.3 (National Treatment) Article 9.6 (Local Presence)
Level of Government: State (State of Querétaro)
Measures: Law of Public Security and Transit of the State of Querétaro. Periódico Oficial, December 17, 1987, Article 102, sections I and II.
Description: Cross Border Trade of Services and Investment.
A concession is required to provide public transportation services. Concessions may be granted to Mexican individuals by birth or to legal entities formed by Mexicans.
90. Sector: Transportation
Subsector: Land Transportation
Obligations Concerned: Articles 9.5 (National Treatment) and 10.3 (National Treatment) Article 9.6 (Local Presence)
Level of Government: State (State of Quintana Roo)
Measures: Political Constitution of the United Mexican States, Article 32
Ley de Tránsito, Transporte y Explotación de Vías y Carreteras del Estado de Quintana Roo, Periódico Oficial, December 16, 1996, Title V, Chapter I, Articles 32 and 34
Description: Cross Border Trade of Services and Investment.
A concession or permit is required for the rendering of public transportation services. The granting of these concessions or permits will be issued at the discretion of the Governor of the State to the individuals or legal entities that request it.
91. Sector: Transportation
Subsector: Land Transportation
Obligations Concerned: Articles 9.5 (National Treatment) and 10.3 (National Treatment) Article 9.6 (Local Presence)
Level of Government: State (State of San Luis Potosí)
Measures: Ley de Transporte Público del Estado de San Luis Potosí, Periódico Oficial, August 30, 1996, Articles 9, 13 and 20
Description: Cross Border Trade in Services and Investment.
A concession or permit is required to provide public transportation services. Concessions or permits will only be granted to Mexican nationals, individuals or corporations, depending on the service in question, created or constituted in accordance with the laws of the country.
92. Sector: Transportation
Subsector: Land Transportation
Obligations Concerned: Articles 9.5 (National Treatment) and 10.3 (National Treatment) Article 9.6 (Local Presence)
Level of Government: State (State of Sinaloa)
Measures: Reglamento General de la Ley de Tránsito y Transportes, Periódico Oficial, August 21, 1970, Title VI, Chapter II, Article 70
Description: Cross Border Trade of Services and Investment.
A concession and permit are required to provide public transportation services. To obtain the concession and permit, Mexican nationality is required.
93. Sector: Transportation
Subsector: Land Transportation
Obligations Concerned: Articles 9.5 (National Treatment) and 10.3 (National Treatment) Article 9.6 (Local Presence)
Level of Government: State (State of Sonora)
Measures: Law Number 120 de Transportes para el Estado de Sonora, Boletín Oficial, July 20, 1992, Chapter IV, Articles 22, 23 and
54
Description: Cross Border Trade of Services and Investment.
Concessions are required for the establishment of passenger and cargo stations and terminals to operate public transportation services. Concessions are granted to Mexican citizens by birth. The companies must be formed by Mexican partners by birth.
94. Sector: Transportation
Subsector: Land Transportation
Obligations Concerned: Articles 9.5 (National Treatment) and 10.3 (National Treatment) Article 9.6 (Local Presence)
Level of Government: State (State of Sonora)
Measures: Law Number 120 of Transportation for the State of Sonora, Official Gazette, July 20, 1992, Title II, Chapter III, Articles 22 and 23
Description: Cross Border Trade of Services and Investment.
A concession is required to provide public transportation services. The concession is granted to Mexicans by birth. The companies must be formed by Mexican partners by birth.
95. Sector: Transportation
Subsector: Land Transportation
Obligations Concerned: Articles 9.5 (National Treatment) and 10.3 (National Treatment) Article 9.6 (Local Presence)
Level of Government: State (State of Tabasco)
Measures: Ley de Vías de Comunicación y Transporte del Estado, Periódico Oficial, August 1, 1984, Title II, Chapter II, Articles 26 and 28
Description: Cross Border Trade of Services and Investment.
A concession is required for the operation of the public transportation service. The concession is granted to Mexicans by birth, in the case of individuals, and in the case of corporations, the partners must be Mexicans by birth.
96. Sector: Transportation
Subsector: Land Transportation
Industrial Classification: CMAP 973101 Administration service of passenger truck stations and auxiliary services (truck terminals and truck and bus stations).
Obligations Concerned: Articles 9.5 (National Treatment) and 10.3 (National Treatment) Article 9.6 (Local Presence)
Level of Government: State (State of Tabasco)
Measures: Ley de Vías de Comunicación y Transporte del Estado, Periódico Oficial, August 1, 1984, Title II, Chapter III, Article 49
Description: Cross Border Trade of Services and Investment.
Concession is required for the construction and operation of terminal stations in the use of the transportation systems of state jurisdiction. These concessions will be granted to Mexican legal entities. All other things being equal, preference will be given to companies integrated by concessionaires of the public transportation service concessionaires that operate at least 51% of the vehicles to be served in such terminals will be preferred.
97. Sector: Transportation
Subsector: Land Transportation
Obligations Concerned: Articles 9.5 (National Treatment) and 10.3 (National Treatment) Article 9.6 (Local Presence)
Level of Government: State (State of Tamaulipas)
Measures: Ley de Tránsito y Transporte, Periódico Oficial, November 30, 1987, Chapter VI, Articles 28 and 33
Description: Cross Border Trade of Services and Investment.
Concession or permit is required for public transportation service. Concessions or permits will be granted in favor of Mexican individuals or corporations.
98. Sector: Transportation
Subsector: Land Transportation
Obligations Concerned: Articles 9.5 (National Treatment) and 10.3 (National Treatment) Article 9.6 (Local Presence)
Level of Government: State (State of Tlaxcala)
Measure: Ley de Comunicaciones y Transportes en el Estado de Tlaxcala, Periódico Oficial, June 22, 1983, Chapter I, Article 2, and Chapter III, Article 14
Description: Cross Border Trade of Services and Investment.
A concession is required to provide public transportation services. All other things being equal, Tlaxcalans by birth, Mexicans with more than one year's residence in the State and Mexican companies registered in Tlaxcala will have preference to obtain the concessions.
99. Sector: Transportation
Subsector: Land Transportation
Obligations Concerned: Articles 9.5 (National Treatment) and 10.3 (National Treatment) Article 9.6 (Local Presence)
Level of Government: State (State of Veracruz)
Measures: Law number 100 of Transit and Transportation for the State of Veracruz, Official Gazette, January 19, 1988, Chapter VI, Articles 20 and 25.
Regulation of the Transit and Transportation Law for the State of Veracruz, Official Gazette, November 24, 1988, Chapter III, Article 161, section I.
Description: Cross Border Trade of Services and Investment.
A concession is required to provide public transportation services. Concessions are granted to Mexican citizens and to the mercantile societies constituted by them.
100. Sector: Transportation
Subsector: Land Transportation
Obligations Concerned: Articles 9.5 (National Treatment) and 10.3 (National Treatment) Article 9.6 (Local Presence)
Level of Government: State (State of Yucatan)
Measures: Reglamento del Servicio de Transporte de Carga en el Estado de Yucatán, Diario Oficial, September 20, 1983, Chapter II, Articles 7 and 10.
Reglamento de Tránsito en las Carreteras del Estado de Yucatán, Diario Oficial, April 29, 1959, Chapter IV, Article 55, Section II.
Description: Cross Border Trade of Services and Investment
Concession or permit is required to render public transportation services.
In order to grant a concession for public transportation of cargo, a natural person must be Mexican by birth and domiciled in the State. In the case of a corporation, it must prove by means of its articles of incorporation that it is composed entirely of Mexicans by birth and constituted in accordance with the laws of the country. It is a cause of revocation to lose the Mexican nationality, when the concessionaire is a natural person; in the case of a corporation, when it ceases to be constituted as indicated above.
Individuals or legal entities requesting a route permit for the operation of public transportation services must be of Mexican nationality.
101. Sector: Transportation
Subsector: Land Transportation
Obligations Concerned: Articles 9.5 (National Treatment) and 10.3 (National Treatment) Article 9.6 (Local Presence)
Level of Government: State (State of Zacatecas)
Measures: Ley de Tránsito del Estado de Zacatecas, Periódico Oficial, January 18, 1989, Chapter VII, Articles 17 and 20
Description: Cross Border Trade in Services and Investment
The concession of the public transportation service is a discretionary, temporary and revocable act of the Executive of the State, by means of which individuals or corporations are authorized to render the mentioned service. The concessions will be granted to Mexican individuals by birth, preferably, natives and residents of the State and to legal entities that are incorporated and operating in the State.
Annex I . SCHEDULE OF PANAMA
1. Sector: Distribution Services
Subsector: Retail Trade
Obligations Concerned: Article 10.3 (National Treatment) Article 10.6 (Senior Executives and Boards of Directors)
Measures: Article 293 of the Political Constitution of the Republic of Panama.
Articles 5 and 10 of Law No. 5 of January 11, 2007.
Article 12 of the Executive Decree No. 26 of July 12, 2007
Description: Investment
1. Only the following persons may engage in retail commerce in Panama:
(a) Panamanians by birth;
(b) natural persons who, at the date of the entry into force of the 1972 Constitution, were naturalized and married to a Panamanian national or have children with a Panamanian national;
(c) Panamanians by naturalization, who are not in the case covered by subparagraph (b), after 3 years from the date on which they obtained their letter of naturalization;
(d) Panamanian juridical persons or juridical persons organized under the law of a foreign country and foreign natural persons who, on the date of entry into force of the 1972 Constitution, are owners of a retail trade business in Panama, in accordance with domestic legislation; and
(e) the juridical person, organized under the laws of Panama or of any other Country, if the ownership of such person is controlled by the natural persons described in subparagraphs (a), (b),(c) or (d), as set forth in paragraph 5 of Article 293 of the Constitution.
2. Notwithstanding subparagraph 1 (e), a foreign national may have an interest in those enterprises engaged in retail trade, if:
(a) the products sold by the juridical person in retail trade are exclusively products that are manufactured under its direction and label, or.
(b) the juridical person is principally engaged in the sale of a service, and the products it sells are necessarily associated with the sale of that service.
3. Senior executives and directors of a retail trade business must meet the same nationality requirements as owners of a retail trade business.
2. Sector: All Sectors
Obligations Concerned: Article 10.3 (National Treatment)
Measures: Articles 290 and 291 of the Political Constitution of the Republic of Panama.
Description: Investment
No foreign government, nor official entity or institution or company with participation of a foreign government may acquire dominion over any part of the territory of Panama, except for those properties used as embassies.
2. No foreign natural person or foreign or national company whose capital is foreign, in whole or in part, may acquire ownership of national or private lands located less than 10 kilometers from the borders of Panama.
3. Sector: Public Utility Services
Obligations Concerned: Article 10.3 (National Treatment)
Measures: Article 285 of the Political Constitution of the Republic of Panama.
Description: Investment
1. The majority of the capital of private public utility companies operating in Panama must be owned by Panamanians, except when permitted by national legislation.
2. For clarity, public utility services are understood to be, among others, potable water supply services, sanitary sewage, electricity, telecommunications, radio and television, and transmission and distribution of natural gas.