Legislative Decree No. 382, May 29, 1970, published in Diario Oficial No. 64, Vol. 227, April 10,1970
Decree No. 193, March 8, 1989, published in Diario Oficial No. 54, Vol. 302, March 17, 1989, Arts. 1 and 2
Reglamento para la Aplicación de los Decretos Legislativos 122 and 193 Relativos a Empresas Circenses, Arts. 1 and 2
Description: Cross-Border Services
Foreign circuses or other similar shows must pay to the relevant circus union a performance fee equal to 2.5 percent of the gross income likely to be earned daily from ticket sales. The fee must be paid in full through the withholding system.
All foreign circuses must be authorized by the appropriate Ministry and once authorized, notify the Asociacidn Salvadorefia de Empresarios Circenses (ASEC) and pay ASEC 3 percent of the gross income earned from ticket sales for each performance, as well as 10 percent of total earnings from sales to the audience, inside the circus, of flags, caps, tee shirts, balloons, photographs and other paraphernalia. The foreign circus shall pay an adequate amount as a security deposit to ASEC.
A foreign circus entering El Salvador may only work in the city of San Salvador for 15 days, which may be extended for a further 15 days.
A foreign circus that has performed in El Salvador can only return to the country after at least one year has elapsed since the date on which the circus left the country.
Sector: Performing Arts
Obligations Concerned: National Treatment (Article 11.2)
Level of Government: Central
Measures:
Decreto de las disposiciones para regular la explotación de obras de naturaleza intelectual por medios de comunicación publica y la participación de artistas salvadoreños en espectáculos públicos, Legislative Decree No. 239, June 9, 1983, published in Diario Oficial No. 111, Vol. 279, June 15, 1983, Art. 3
Decree No. 18, Sustitución de los articulos 1 y 4 del Decreto Legislativo No. 239, June 9, 1983, published in Diario Oficial No. 7, Vol. 282, January 10, 1984
Description: Cross-Border Services In the case of public performances involving the live participation of artists of any kind, the participation of Salvadoran nationals shall be equivalent to 20 percent of the number of participating foreigners.
Sector: Construction and Related Engineering Services
Obligations Concerned: Most-Favored-Nation Treatment (Articles 10.4 and 11.3) National Treatment (Articles 10.3 and 11.2) Local Presence (Article 11.5)
Level of Government: Central
Measures:
Ley de Incentivos a las Empresas Nacionales de la Industria de la Construccion, Legislative Decree No. 504, published in Diario Oficial No. 167, Vol. 308, July 9, 1990, as amended by
Legislative Decree No. 733, published in Diario Oficial No. 80, Vol. 311, April 23, 1991
Description: Cross-Border Services and Investment
To participate in design activities, consulting, consulting and management of engineering or architectural projects, or any type of work or study relating to such projects' construction, whether before, during, or after construction, an enterprise a majority of whose capital is owned by foreign nationals ("foreign enterprise") must be contractually associated with an enterprise established in El Salvador ("Salvadoran enterprise") that is legally registered and qualified with the Ministerio de Obras Públicas, unless the foreign enterprise determines that such Salvadoran enterprise is not available.
The foreign enterprise must have a resident representative in El Salvador.
Further, an engineering or architectural project is subject to the following requirements:
(a) enterprises organized under Salvadoran law must have an investment in the project equal to at least 20 percent of the value of the project; and
(b) such enterprises must supply at least 30 percent of the technical staff and 90 percent of the administrative staff on the project.
The requirements of subparagraph (b) do not apply if the foreign enterprise determines that Salvadoran enterprises are not able to provide the necessary resources.
For greater certainty, technical staff and administrative staff do not include senior management. The requirements of subparagraphs
(a) and (b) do not apply:
(i) when the funds for the project come partially or entirely from foreign governments or international organizations; or
(ii) to specific projects or grants for specialized technical cooperation.
Sector: Public Accounting and Public Auditing
Obligations Concerned: Most-Favored-Nation Treatment (Articles 10.4 and 11.3) National Treatment (Articles 10.3 and 11.2)
Level of Government: Central
Measures: Ley Reguladora del Ejercicio de la Contaduria, Arts. 2,3, and 4
Description: Cross-Border Services and Investment
Only a Salvadoran national may be authorized as a public accountant. Only a person authorized as a public accountant may be authorized as an external auditor.
For an enterprise to be authorized to supply public accounting services, the principal 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 Landscaping Services
Obligations Concerned: National Treatment (Article 11.2) Local Presence (Article 11.5)
Level of Government:
Measures:
Central Ley de Urbanismo y Construccion, Arts. 4 and 8
Registro Nacional de Arquitectos, Ingenieros, Proyectistas y Constructores, Executive Decree No. 34, published in Diario Oficial No. 4, Vol. 306, January 8, 1990
Reglamento Interno del Consejo Nacional de Arquitectos, Ingenieros, Proyectistas y Constructores, Executive Decree No. 75, published in Diario Oficial No. 11, Vol. 310, January 17, 1991, Arts. 25, 26, and 27
Description: Cross-Border Services
Only architects and engineers who are inscribed in the Registro Nacional de Arquitectos, Ingenieros, Proyectistas y Constructores ("Registro Nacional") may supervise architectural and engineering work on construction projects and sign and seal architectural or engineering plans for such projects.
An architect or engineer must be resident in El Salvador to be inscribed in the Registro Nacional.
Draftsmen, builders, and electrical installation technicians must be Salvadoran nationals in order to be inscribed in the Registro Nacional.
Sector: Professional Services: Health Services (Including but not limited to: General and Specialist Medical Services, Dental Services, Veterinary Services, Paramedical Services, Services rendered by Psychologists, Midwives, Nurses, Physiotherapists, Chemists and Qualified Clinical Laboratory Technicians, and Technical and Auxiliary Staff)
Obligations Concerned: Most-Favored-Nation Treatment (Article 11.3) National Treatment (Article 11.2) Local Presence (Article 11.5)
Level of Government: Central
Measures: Código de Salud, Arts. 4, 5, 17, 23, 30, 31, 32, and 306
Description: Cross-Border Services
A permit is necessary for the exercise of the health services professions and their specialized, technical, and auxiliary activities. Permits are issued by the appropriate Junta de Vigilancia. The Junta de Vigilancia may grant permanent, temporary, or provisional permits. A permanent permit is available only for private professional activity. Other permits are subject to restrictions and limitations in accordance with the law for specified reasons.
To grant a permanent permit the Junta de Vigilancia shall require that persons be Salvadoran nationals by birth or authorized to permanently reside in the country.
In addition to fulfilling the requirements under the law, foreigners must provide proof that the jurisdiction in which they earned their qualification allows Salvadoran nationals or graduates to practice their profession in analogous circumstances.
Sector: Professional Services - Legal Services (Notary Public)
Obligations Concerned: Most-Favored-Nation Treatment (Article 11.3) National Treatment (Article 11.2) Local Presence (Article 11.5)
Level of Government: Central
Measures: Ley de Notariado, Art. 4
Description: Cross-Border Services
Only persons authorized by the Supreme Court of Justice may exercise the profession of notary public. Only Salvadoran nationals who are attorneys 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 barred from practicing the profession of notary public in their own country; and
(b) Salvadoran nationals may practice the same profession in their country without any additional requirements than those laid down in Salvadoran law.
Sector: Professional Services - Teachers
Obligations Concerned: National Treatment (Article 11.2)
Level of Government: Central
Measures: Constitución de la República, Art. 60
Description: Cross-Border Services
Only Salvadoran nationals may teach national history and the Constitution.
Sector: Professional Services: Customs Agents
Obligations Concerned: Most-Favored-Nation Treatment (Articles 10.4 and 11.3) National Treatment (Articles 10.3 and 11.2)
Level of Government: Central
Measures: Reglamento del Código Aduanero Uniforme Centroamericano, Art. 18
Description: Cross-Border Services and Investment
Only nationals of the Central American Parties may work as customs agents.
Sector: Transport Services - Road Transport Services
Obligations Concerned: National Treatment (Articles 10.3 and 11.2)
Measures:
Constitución de la República de El Salvador, Art. 95
Ley de Transporte Terrestre, Tránsito y Seguridad Vial, Arts. 38-A and 38-B
Reglamento General de Transporte Terrestre, Arts. 1 and 2
Level of Government: Central
Description: Cross-Border Services and Investment
Permits for the supply of services in passenger transport, regular and non-regular, 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 equity capital of an enterprise engaged in such goods transport in El Salvador must be owned by Salvadoran persons. If such capital is owned by an enterprise, at least 51 percent of the stock of that enterprise must be owned by Salvadoran nationals.
Sector: Energy
Obligations Concerned: Market Access (Article 11.4)
Measures: Ley reguladora del deposito, transporte y distribución de productos de petróleo, Art. 8
Description: Cross-Border Services
The construction of a gas service station will not be authorized if it is not a prudent distance from another gas station, in order to avoid excessive concentration. A prudent distance is considered one of not less than 600 meters in an urban area and 10 kilometers in a rural area. The 10 kilometer requirement also applies to one-way roads. For two-way roads containing medians, the distance will be measured on each side of the road independently.
Sector: Land Transport
Obligations Concerned: Market Access (Article 11.4)
Measures: Reglamento General de Transporte Terrestre, Title II, Art. 11 and Title V, Arts. 29 and 30
Description: Cross-Border Services
Public passenger land transportation concessions for a specific route will be limited, subject to technical studies of existing demand. A free public passenger land transportation concession is limited to one vehicle.
Annex I. Schedule of Guatemala
Sector: All Sectors
Obligations Concerned: National Treatment (Article 10.3)
Level of Government: Central
Measures: Decree No. 118-96 that amends Decree Nos. 38-71 and 48-72, Arts. 1 and 2
Description: Investment
Only the following persons may be granted title to, rent, or use state-owned lands in the Department of El Petón:
(1) Guatemalans by birth who do not own rural real estate anywhere in the country that exceeds 45 hectares; and
(2) Guatemalans by birth who do not own industrial, mining or commercial enterprises.
Enterprises owned 100 percent by Guatemalans by birth that meet the requirements set out in the preceding paragraph may be granted title to, rent, or use state-owned lands in the Department of El Petón.
Sector: All Sectors
Obligations Concerned: National Treatment (Article 10.3)
Level of Government: Central
Measures: Ley de Titulación Supletoria, Decree 49-79, Art. 2
Description: Investment
Only Guatemalans by birth and enterprises that are majority owned by Guatemalans by birth may take adverse possession of real estate.
Sector: All Sectors
Obligations Concerned: National Treatment (Article 10.3)
Level of Government: Central
Measures: Constitución Política de la República de Guatemala, Art. 122
Ley Reguladora de las Areas de Reservas Territoriales del Estado de Guatemala, Decree No. 126-97, Art. 5
Description: Investment
Foreign nationals require an authorization from the Oficina de Control de Areas de Reserva del Estado to acquire ownership of the following state-owned land:
(a) real estate located in urban zones; and
(b) real estate for which rights were registered in the General Property Registry before March 1, 1956 in the following locations:
(i) a 3-kilometer-long strip of land along the ocean;
(ii) 200 meters around the lakeshores;
(iii) 100 meters on either side of the navigable rivers; and
(iv) 50 meters around any spring that serves as a source of water for the population.
Only the Government may rent state-owned land described above to enterprises organized under Guatemalan law.
Sector: All Sectors
Obligations Concerned: National Treatment (Article 10.3)
Level of Government: Central
Measures: Constitución Política de la República de Guatemala, Art. 123
Description: Investment
Only Guatemalans by birth and enterprises 100 percent owned by Guatemalans by birth may own or possess real property located within 15 kilometers of the borders.