Sector: All Sectors
Obligations Concerned: National Treatment (Articles 10.3 and 11.2) Most-Favored-Nation Treatment (Articles 10.4 and 11.3) Local Presence (Article 11.5) Performance Requirements (Article 10.9) Senior Management and Boards of Directors (Article 10.10)
Level of Government: Regional
Measures: All existing non-conforming measures of all states of the United States, the District of Columbia, and Puerto Rico
Description: Cross-Border Services and Investment
Annex II.
Explanatory Note
1. The Schedule of a Party of this Annex sets out, pursuant to Articles 10.13 (Non- Conforming Measures) and 11.6 (Non-Conforming Measures), the specific sectors, sub-sectors, or activities for which that Party may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:
(a) Articles 10.3 (National Treatment) or 11.2 (National Treatment);
(b) Articles 10.4 (Most-Favored-Nation Treatment) or 11.3 (Most-Favored-Nation Treatment);
(c) Article 11.5 (Local Presence)
(d) Article 10.9 (Performance Requirements);
(e) Article 10.10 (Senior Management and Boards of Directors); or
(f) Article 11.4 (Market Access).
2. Each Schedule entry sets out the following elements:
(a) Sector refers to the sector for which the entry is made;
(b) Obligations Concerned specifies the obligation(s) referred to in paragraph 1 that, pursuant to Articles 10.13 (Non-Conforming Measures) and 11.6 (Non- Conforming Measures), do not apply to the sectors, subsectors, or activities listed in the entry;
(c) Description sets out the scope of the sectors, subsectors, or activities covered by the entry; and
(d) Existing Measures identifies, for transparency purposes, existing measures that apply to the sectors, subsectors, or activities covered by the entry.
3. In accordance with Article 10.13 (Non-Conforming Measures) and 11.6 (Non- Conforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the sectors, subsectors, and activities identified in the Description element of that entry.
Annex II. Schedule of Costa Rica
Sector: All Sectors
Obligations Concerned: Most-Favored-Nation Treatment (Articles 10.4 and 11.3)
Description: Cross-Border Services and Investment
Costa Rica reserves, vis-à-vis the United States and the Dominican Republic, the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement.
Costa Rica reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed after the date of entry into force of this Agreement involving:
(a) aviation;
(b) fisheries; or
(c) maritime matters, including salvage.
Sector: Cultural Industries
Obligations Concerned: Most-Favored-Nation Treatment (Articles 10.4 and 11.3)
Description: Cross-Border Services and Investment
Costa Rica reserves the right to adopt or maintain any measure that accords differential treatment to countries under any existing or future bilateral or multilateral international agreement with respect to cultural industries, such as audiovisual cooperation agreements. For greater certainty, government supported subsidy programs 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) Publication, distribution, or sale of books, magazines, periodical publications, or printed or electronic newspapers, excluding the printing and typesetting of any of the foregoing;
(b) Production, distribution, sale, or display of recordings of movies or videos;
(c) Production, distribution, sale, or display of music recordings in audio or video format;
(d) Production, distribution, or sale of printed music scores or scores readable by machines; or
(e) Radiobroadcasts aimed at the public in general, as well as all radio, television, and cable television-related activities, satellite programming services, and broadcasting networks.
Sector: Social Services
Obligations Concerned: National Treatment (Articles 10.3 and 11.2) Most-Favored-Nation Treatment (Articles 10.4 and 11.3) Local Presence (Article 11.5) Performance Requirements (Article 10.9) Senior Management and Boards of Directors (Article 10.10) Market Access (Article 11.4)
Description: Cross-Border Services and Investment
Costa Rica reserves the right to adopt or maintain any measure with respect to the provision of law enforcement and correctional services, and the following services to the extent they are social services established or maintained for a public purpose: income security or insurance, social security or insurance, social welfare, public education, public training, health, child care, public sewage services, and water supply services.
Annex II. Schedule of the Dominican Republic
Sector: All Sectors
Obligations Concerned: National Treatment (Article 10.3)
Description: Investment
The Dominican Republic reserves the right to adopt or maintain any measure relating to the ownership or control of land within 20 kilometers of the Dominican border.
Sector: All Sectors
Obligations Concerned: National Treatment (Article 10.3) Senior Management and Boards of Directors (Article 10.10)
Description: Investment
The Dominican Republic reserves the right to limit the transfer or disposal of any interest held in an existing state enterprise, such that only a Dominican national may receive such interest. However, the preceding sentence pertains only to the initial transfer or disposal of such interest. The Dominican Republic does not reserve this right with respect to subsequent transfers or disposals of such interest.
The Dominican Republic reserves the right to limit control of any new enterprise created by the transfer or disposal of any interest as described in the preceding paragraph, but not through limitations on the ownership of the interest. The Dominican Republic also reserves the right to adopt or maintain any measure related to the nationality of senior management and members of the board of directors in such new enterprise.
Sector: All Sectors
Obligations Concerned: Most-Favored-Nation Treatment (Articles 10.4 and 11.3)
Description: Cross-Border Services and Investment
The Dominican Republic reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement.
The Dominican Republic reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed after the date of entry into force of this Agreement involving:
(a) aviation;
(b) fishing; or
(c) maritime affairs, including salvage.
Sector: Communications
Obligations Concerned: Most-Favored-Nation Treatment (Articles 10.4 and 11.3)
Description: Cross-Border Services and Investment
The Dominican Republic reserves the right to adopt or maintain any measure that accords differential treatment to persons of other countries due to application of reciprocity measures or through international agreements involving sharing of the radio spectrum, guaranteeing market access, or national treatment with respect to the one-way satellite transmission of direct-to-home and direct broadcasting satellite television services and digital audio services.
Sector: Governmental Finances
Obligations Concerned: National Treatment (Article 10.3)
Description: Investment
The Dominican Republic reserves the right to adopt or maintain any measure relating to the restriction of the acquisition by foreign nationals of bonds, treasury securities, fixed-term instruments, or other instruments of public debt issued for particular sectors by the Central Bank or the Government of the Dominican Republic. This non-conforming measure is not intended to affect the rights of United States financial institutions (banks) established in the Dominican Republic, to acquire, sell, or dispose of such instruments when required for purposes of regulatory capital.
Sector: Services Related to Craft Industry
Obligations Concerned: National Treatment (Article 11.2) Market Access (Article 11.4)
Description: Cross-Border Services
The Dominican Republic reserves the right to adopt or maintain any measure relating to the distribution, retailing, or exhibition of handicrafts that are identified as handicrafts of the Dominican Republic.
Sector: Social Services
Obligations Concerned: National Treatment (Articles 10.3 and 11.2) Most-Favored-Nation Treatment (Articles 10.4 and 11.3) Local Presence (Article 11.5) Performance Requirements (Article 10.9) Senior Management and Boards of Directors (Article 10.10)
Description: Cross-Border Services and Investment
The Dominican Republic reserves the right to adopt or maintain any measure with respect to the provision of law enforcement and correctional services, and the following services to the extent they are social services established or maintained for a public purpose: income security or insurance, social security or insurance, social welfare, public education, public training, health, and child care.
Sector: Socially and Economically Disadvantaged Groups
Obligations Concerned: National Treatment (Articles 10.3 and 11.2) Local Presence (Article 11.5) Performance Requirement (Article 10.9) Senior Management and Boards of Directors (Article 10.10)
Description: Cross-Border Services and Investment
The Dominican Republic reserves the right to adopt or maintain any measure according rights or preferences to socially or economically disadvantaged groups.
Annex II. Schedule of El Salvador
Sector: All Sectors
Obligations Concerned: Most-Favored-Nation Treatment (Articles 10.4 and 11.3)
Description: Cross Border Services and Investment
El Salvador reserves, vis-à-vis the United States and the Dominican Republic, the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement.
El Salvador reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed after the date of entry into force of this Agreement involving:
(a) aviation;
(b) fisheries; or
(c) maritime matters, including salvage.
Sector: Social Services
Obligations Concerned: National Treatment (Articles 10.3 and 11.2) Most-Favored-Nation Treatment (Articles 10.4 and 11.3) Market Access (Article 11.4) Local Presence (Article 11.5) Performance Requirements (Article 10.9) Senior Management and Boards of Directors (Article 10.10)
Description: Cross-Border Services and Investment
El Salvador reserves the right to adopt or maintain any measure with respect to the provision of law enforcement and correctional services, and the following services to the extent they are social services established or maintained for a public purpose: income security or insurance, social security or insurance, social welfare, public education, public training, health, and child care.
Sector: Minority Affairs
Obligations Concerned: National Treatment (Articles 10.3 and 11.2) Local Presence (Article 11.5) Performance Requirements (Article 10.9) Senior Management and Boards of Directors (Article 10.10)
Description: Cross-Border Services and Investment
El Salvador reserves the right to adopt or maintain any measure according rights or preferences to socially or economically disadvantaged minorities.
Sector: Transport Services: Road Transport Services
Obligations Concerned: National Treatment (Article 11.2) Most-Favored-Nation Treatment (Article 11.3) Local Presence (Article 11.5)
Description: Cross-Border Services
El Salvador reserves, vis-à-vis the United States and the Dominican Republic, the right to adopt or maintain any measure restricting the transportation of goods by road.
Annex II. Schedule of Guatemala
Sector: All Sectors
Obligations Concerned: Most-Favored-Nation Treatment (Articles 11.3 and 10.4)
Level of Government: Central
Description: Cross-Border Services and Investment
Guatemala reserves, vis-à-vis the United States and the Dominican Republic, the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement.
Guatemala reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed after the date of entry into force of this Agreement involving:
(a) aviation,
(b) fisheries, or
(c) maritime matters, including salvage.
Sector: Maritime Transportation
Obligations Concerned: National Treatment (Articles 11.2 and 10.3) Most-Favored-Nation Treatment (Articles 11.3 and 10.4) Local Presence (Article 11.5) Performance Requirements (Article 10.9) Senior Management and Boards of Directors (Article 10.10)
Level of Government: Central
Description: Cross-Border Services and Investment
Guatemala reserves the right to adopt or maintain any measure related to the provision of maritime transportation services.
Sector: Matters Related to Disadvantaged Minorities and Indigenous Peoples
Obligations Concerned: National Treatment (Articles 11.2 and 10.3) Local Presence (Article 11.5) Performance Requirements (Article 10.9) Senior Management and Boards of Directors (Article 10.10)
Level of Government: Central
Description: Cross-Border Services and Investment
Guatemala reserves the right to adopt or maintain any measure that grants rights or preferences to socially or economically disadvantaged minorities and indigenous peoples.
Annex II. Schedule of Honduras
Sector: Communications Services - Telecommunications
Obligations Concerned: National Treatment (Article 10.3) Market Access (Article 11.4)
Description: Cross-Border Services and Investment
Honduras reserves the right to adopt, maintain, or modify the level of participation in the ownership of the Empresa Hondurefia de Telecomunicaciones (HONDUTEL), as well as its affiliates or subsidiaries.
Sector: All Sectors
Obligations Concerned: Most-Favored-Nation Treatment (Articles 10.4 and 11.3)
Description: Cross-Border Services and Investment
Honduras reserves, vis-à-vis the United States and the Dominican Republic, the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement.
Honduras reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed after the date of entry into force of this Agreement involving:
(a) aviation;
(b) fisheries; or
(c) maritime matters, including salvage.