Obligations Concerned: Market Access (Article 12.4)
Description: Cross-Border Services
The United States reserves the right to adopt or maintain any measure that is not inconsistent with the United States' obligations under Article XVI of the General Agreement on Trade in Services as set out in the U.S. Schedule of Specific Commitments under the GATS (GATS/SC/90, GATS/SC/90/Supp1.1, GATS/SC/90/Suppl.2, and GATS/SC/90/Supp1.3).
For purposes of this entry only, the U.S. Schedule of Specific Commitments is modified as indicated in Appendix III-A.
Sector: All
Obligations Concerned: Most-Favored-Nation Treatment (Articles 11.4 and 12.3)
Description: Cross-Border Services and Investment
The United States 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 United States 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.
Appendix II-A. United States
For the following Sectors, U.S. obligations under Article XVI of the General Agreement on Trade in Services as set out in the U.S. Schedule of Specific Commitments under the GATS (GATS/SC/90, GATS/SC/90/Supp!.1, GATS/SC/90/Supp!.2, and GAT S/SC/90/Supp!.3) are improved as described.
| Sector/Subsector | Market Access Improvements |
| Foreign Legal Consulting Services. | Insert new commitments for the following states: Louisiana, New Mexico: No limitations for modes 1-3 and mode 4 "Unbound, except as indicated in the horizontal section." Arizona, Indiana, Massachusetts, North Carolina, Utah: No limitations modes 1-2; for made 3 "in-state law office required," and mode 4 "Unbound, except as indicated in the horizontal section. Additionally, an in-state law office required." Missouri: No limitations modes 1-2; for mode 3 "Association with in-state law office required," and mode 4 "Unbound, except as indicated in the horizontal section. Additionally, association with an in-state law office required." |
| Accounting, Auditing and Bookkeeping Services | Modify mode 3 limitation as follows: Sole proprietorships or partnerships are limited to persons licensed as accountants. Modify mode 4 limitation as follows: In addition, an in-state office must be maintained to receive a license to perform audits in. |
| Engineering Services Integrated Engineering Services | Replace existing description of Mode 4 with "Unbound, except as indicated in the horizontal section." |
| Research and development services: R&D services on natural sciences, social sciences and humanities, and interdisciplinary R&D services, excluding R&D financed in whole or in part by public funds | Insert new commitments with no limitations for modes 1-3 and mode 4 "Unbound, except as indicated in the horizontal section." |
| Technical testing and analysis services, other than government- mandated services or services financed in whole or in part by public funds. | Insert new commitments with no limitations for modes 1-3 and mode 4 "Unbound, except as indicated in the horizontal section." |
| Other business services, except for convention services. (Delete "Translation and interpretation services only"). | Insert new commitments for all "Other business services" with no limitations for modes 1-3 and mode 4 "Unbound, except as indicated in the horizontal section." |
| Express Delivery Services (as defined in the FTA annex) | Insert new commitments with no limitations for modes 1-3 and mode 4 "Unbound, except as indicated in the horizontal section." |
| Other Delivery Services | Insert new commitments with modes 1 and 3 limited as follows: "None, except unbound for services supplied by the U.S. Postal Service in accordance with a universal service obligation as provided under domestic law (2) or the Universal Postal Union Acts, no limitations on mode 2, and mode 4" Unbound, except as indicated in the horizontal section." |
| Higher Education Services (except flying instruction) (3) | Insert new commitments with no limitations for modes 1-3 and mode 4 "Unbound, except as indicated in the horizontal section." |
| Motion Picture & Video Tape Home Video Entertainment Production and Distribution. Promotion or advertising services Motion picture or video tape (4) production services Motion picture or video tape (4) distribution services. Other services in connection with motion pictures and video tape* production and distribution. Motion Picture Projection Services Radio and Television Services Radio and Television Distribution Services. Other services in connection with motion pictures and video tape (4) production and distribution (5) | Insert commitments according to this revised classification with no limitations for modes 1-3 and mode 4 "Unbound, except as indicated in the horizontal section." |
| Environmental Services Wastewater Management, excluding Water for Human Use (Wastewater services (contracted by private industry)). Solid/hazardous waste management (contracted by private industry). Refuse disposal services Sanitation and Similar Services. Protection of ambient air and climate (Services to reduce exhaust gases and other emissions to improve air quality). Remediation and cleanup of soil and water (Treatment, remediation of contaminated/ polluted soil and water). Noise and vibration abatement (Noise abatement services). Protection of biodiversity and landscape (Nature and landscape protection services). Other environmental and ancillary services (Other services not classified elsewhere) | Insert commitments according to this revised classification with no limitations for modes 1-3 and mode 4 "Unbound, except as indicated in the horizontal section." |
| Physical well-being services (6) (7) | Insert new commitments with no limitations for modes 1-3 and mode 4 "Unbound, except as indicated in the horizontal section." |
| Road freight transport | Insert new commitments for domestic transportation with No limitations for modes 1-3 and mode 4 "Unbound, except as indicated in the horizontal section." |
| Cargo-handling services, Storage and warehouse services, and Freight transport agency services, except maritime or air transport services | Insert new commitments with no limitations for modes 1-3 and mode 4 "Unbound, except as indicated in the horizontal section." |
(2) Under U.S. law, the universal service obligation requires the U.S. Postal Service to receive, transmit, and deliver throughout the United States written and printed matter, parcels, and like materials.
(3) For transparency purposes, individual U.S. institutions maintain autonomy in admission policies, in setting tuition rates, and in the development of curricula or course content. Educational and training entities must comply with requirements of the jurisdiction in which the facility is established. In some jurisdictions, accreditation of institutions or programs may be required. Institutions maintain autonomy in selecting the jurisdiction in which they will operate, and institutions and programs maintain autonomy in choosing to meet standards set by accrediting organizations as well as to continue accredited status. Accrediting organizations maintain autonomy in setting accreditation standards. Tuition rates vary for in-state and out-of-state residents. Additionally, admissions policies include considerations of equal opportunity for students (regardless of race, ethnicity, or gender), as permitted by domestic law, as well as recognition by regional, national, and/or specialty organizations; and required standards must be met to obtain and maintain accreditation. To participate in the U.S. student loan program, foreign institutions established in the United States are subject to the same requirements as U.S. institutions.
(4) For purposes of clarity, this class refers to theatrical and non-theatrical motion pictures, whether provided on fixed media or electronically.
(5) For greater clarity, distribution services in this context may include the licensing of motion pictures or video tapes to other service providers for exhibition, broadcasting, or other transmission, rental, sale or other use.
(6) For transparency purposes, this subsector includes physical well-being services such as delivered by, inter alia, fitness centers, spas, salons, massage (excluding therapeutic massage), and ayurvedics. This subsector does not include regulated medical services.
(7) For greater certainty, nothing in this commitment authorizes the provision of unregulated substances or affects the ability of state authorities to regulate substances that may be affiliated with these services.
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