Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, S.C. 1988, c. 28
Canada Oil and Gas Land Regulations, C.R.C. 1978, c. 1518
These measures set out Canadian ownership requirements for oil and gas production licenses. They are reserved from the obligations imposed by Article 4.
12. Canada Oil and Gas Operations Act, R.S.C. 1985, c. O-7
Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, S.C. 1988, c. 28
Canada-Newfoundland Atlantic Accord Implementation Act, S.C. 1987, c. 3
Measures implementing the Canada-Yukon Oil and Gas Accord
Measures implementing the Northwest Territories Oil and Gas Accord
These measures deal with benefits plans required to obtain authorisations set out in these measures. They are reserved from the obligations imposed by Article 9.
13. Canada-Newfoundland Atlantic Accord Implementation Act, S.C. 1987, c. 3
Hibernia Development Project Act, S.C. 1990, c. 41
These measures deal with benefits plans and performance requirements. They are reserved from the obligations imposed by Article 9.
14. Investment Canada Act, R.S.C. 1985, c. 28 (1* Supp.)
Investment Canada Regulations, SOR/85-611
Non-Resident Ownership Policy in the Uranium Mining Sector, 1987
These measures deal with non-resident ownership in the uranium mining sector. They are reserved from the obligations imposed by Articles 4 and 5.
15. Canada Transportation Act, S.C. 1996, c.10
Aeronautics Act, R.S.C. 1985, c.A-2
Canadian Aviation Regulations, SOR/96-433
Part II "Aircraft Identification and Registration and Operation of a Leased Aircraft by a Non-Registered Owner"
Part IV "Personnel Licensing and Training"
Part VI "Commercial Air Services"
These measures set out restrictions on non-Canadians wishing to register or operate Canadian aircraft or to provide air services in Canada. They are reserved from the obligations imposed by Article 4.
16. Canada Shipping Act, 2001, S.C. 2001, c. 26
This measure sets out requirements to own a ship on the Canadian register. It is reserved from the obligations imposed by Article 4.
17. Canada Shipping Act, 2001, S.C. 2001, c. 26
Marine Personnel Regulations, SOR/2007-115
These measures set out restrictions on the provision of services on Canadian ships by non-Canadians. They are reserved from the obligations imposed by Article 8.
18. Pilotage Act, R.S.C. 1985, c, P-14
General Pilotage Regulations, SOR/2000-132
Atlantic Pilotage Authority Regulations, C.R.C. 1978, c. 1264
Laurentian Pilotage Authority Regulations, C.R.C. 1978, c. 1268
Great Lakes Pilotage Regulations, C.R.C. 1978, c. 1266
Pacific Pilotage Regulations, C.R.C. 1978, c. 1270
These measures set out restrictions on non-Canadians in relation to pilotage. They are reserved from the obligations imposed by Article 8.
Schedule of the Republic of Serbia
1. Law on Foreign Investments ("Official Journal of FRY", No. 3/02 and 5/03)
Law on Foreign Trade in Armaments, Military Equipment and Dual Use Goods ("Official Journal of SaM",No. 7/05 and 8/05-correction)
Law on the export and import of dual use items (Official Herald of RS, No: 95/13)
Law on Planning and Constructions ("Official Herald of the Republic of Serbia ", No. 72/09,81/09,64/10,24/11,121/12,42/13,50/13 and 98/13)
Law on Basis of Ownership and Proprietary Relations ("Official Journal of the SFRY", No. 6/80 and 36/90 and "Official Journal of the FRY" No. 29/96 and "Official Herald of the Republic of Serbia", No. 115/05-other law)
Law on Agricultural Land ("Official Herald of the Republic of Serbia'"'No. 62/06, 65/08 and 41/09)
These measures deal with foreign persons' majority ownership in enterprises dealing with trade of weapons and ammunition, or in enterprises established in restricted areas (such as frontier strip, national parks, military areas) and must have the approval of the competent ministry for investments in such cases. Foreign persons may establish or invest in such a company only with a domestic person upon meeting aforementioned requirement. Agricultural land cannot be owned by foreign persons. Foreign persons may not acquire and own real estate in the Republic of Serbia except subject to meeting reciprocity requirement and if acquired property is for business use.
These measures are reserved from the obligations imposed by Articles 4 and 5.
2. Law on State Aid Control ("Official Herald of the Republic of Serbia" No. 51/09)
Subsidies eligibility may be limited to juridical persons established within the territory of the Republic of Serbia or a particular geographical sub-division thereof or to citizens of the Republic of Serbia in case of natural persons.
These measures are reserved from the obligations imposed by Articles 4.
3. Law on Privatization ("Official Herald of the Republic of Serbia", No.83/14 )
Law on Bankruptcy ("Official Herald of the Republic of Serbia", No. 104/09 and 99/11 — other law, 71/12 and 83/14 )
Measures maintained or adopted by the government at the time of a privatization or sale of government investments are deemed to be existing measures. These measures ate reserved from the obligations imposed by Article 8.
4. Customs Law ("Official Herald of the Republic of Serbia", No. 18/10 and 111/12)
This law sets out citizenship requirement for customs brokers. These measures are reserved from the obligations imposed by Articles 4 and 8.
5. Patent Law ("Official Herald of the Republic of Serbia", No. 99/11)
This law sets out citizenship and other requirements for registered trade-mark agents.
These measures are reserved from the obligations imposed by Articles 4 and 9.
6. Law on Broadcasting ("Official Herald of the Republic of Serbia", No. 42/02,97/04,76/05, 79/05 — other law, 62/06, 85/06, 86/06 - correction and 41/09)
These measures deal with foreign ownership in the areas of private TV broadcasting companies and participation in the public media companies.
These measures are reserved from the obligations imposed by Article 4.
7. Law on Public Enterprises ("Official Herald of the Republic of Serbia" No. 119/12, 116/13 and 44/14)
Law on Public Utility Services ("Official Herald of the Republic of Serbia" No. 88/11)
Law on Energy ("Official Herald of the Republic of Serbia" No. 57/11,80/11 - corr. 93/12, 124/12)) Set of environment protection laws, such as:
Law on Environmental Protection ("Official Herald of the Republic of Serbia" no. 135/04, 36/09, 36/09 other law, 72/09 other law and 43/11)
Law on Waters ("Official Herald of the Republic of Serbia" No.30/10 and 93/12 )
Law on Waste Management ("Official Herald of the Republic of Serbia", No.36/09 and 88/10)
Law on Air Protection ("Official Herald of the Republic of Serbia", No. 36/09, 10/13)
Law on Protection Against Noise ("Official Herald of the Republic of Serbia", No.36/09 and 88/10), etc.
These measures regulate activities — services considered public utilities at a central, regional or local levels that may be subject to public monopolies or to exclusive rights granted to private operators, in sectors such as energy services, transport services and services auxiliary to all modes of transport, scientific and technical consulting services, R&D services on social sciences and humanities, technical testing and analysis services, environmental services, health services. Exclusive rights on such services are often granted to private operators, for instance operators with concessions from public authorities, subject to specific services obligation. Given that public utilities also exist at the sub-central level detailed and exhaustive sector-specific list is not practical.
These measures are reserved from the obligations imposed by Article 4.
8. The Law on Road Transport ("Official Herald of the Republic of Serbia", No. 46/95, 66/01,61/05,91/05,62/06,3 1/11)
This law contains provisions reserving right of cabotage for domestic suppliers of the Republic of Serbia.
These measures are reserved from the obligations imposed by Article 4.
9. Law on Air Transport ("Official Herald of the Republic of Serbia",No.73/10, 57/11 and 93/12)
Measures in air transport dealing with right to regulate aircrafts registration in the aircraft register of the Republic of Serbia, ownership either by natural persons meeting specific nationality criteria or by juridical persons meeting specific requirements regarding ownership of capital and control (including nationality of directors), where the measure does not conform with the obligations imposed by Articles 4, 5 and 8.
Annex ii
Reservations for Future Measures
Schedule of Canada
In accordance with Article 17(3) of this Agreement, Canada reserves the right to adopt or maintain any measure that does not conform to the obligations set out below with respect to the following sectors or matters:
- social services (i.e.: public law enforcement; correctional services; income security or insurance; social security or insurance; social welfare; public education; public training; health and child care), where the measure does not conform with the obligations imposed by Article 4 or Article 8 of this Agreement;
- the rights or preferences provided to aboriginal peoples, where the measure does not conform with the obligations imposed by Article 4, Article 5, Article 8 or Article 9;
- the rights or preferences provided to socially or economically disadvantaged minorities, where the measure does not conform with the obligations imposed by Article 4, Article 8 or Article 9;
- residency requirements for ownership of oceanfront land, where the measure does not conform with the obligations imposed by Article 4 of this Agreement;
- government securities (i.e. acquisition, sale or other disposition by nationals of the other Party of bonds, treasury bills or other kinds of debt securities issued by the Government of Canada, a province or local government), where the measure does not conform with the obligations imposed by Article 4 of this Agreement;
- maritime cabotage, which means (a) the transportation of either goods or passengers by ship between points in the territory of Canada or above the continental shelf of Canada, either directly or by way of a place outside Canada; but with respect to waters above the continental shelf of Canada, the transportation of either goods or passengers only in relation to the exploration, exploitation or transportation of the mineral or non-living natural resources of the continental shelf of Canada; and (b) the engaging by ship in any other marine activity of a commercial nature in the territory of Canada and, with respect to waters above the continental shelf, in such other marine activities of a commercial nature that are in relation to the exploration, exploitation or transportation of the mineral or non-living natural resources of the continental shelf of Canada; where the measure does not conform with the obligations imposed by Article 4, Article 5, Article 8 or Article 9 of this Agreement;
- licensing fishing or fishing related activities, including entry of foreign fishing vessels to Canada's exclusive economic zone, territorial sea, internal waters or ports and use of any services therein, where the measure does not conform with the obligations imposed by Article 4 or Article 5 of this Agreement;
- telecommunications services, where the measure does not conform with the obligations imposed by Article 4 or Article 8 of this Agreement by limiting foreign investment in facilities-based telecommunications service suppliers, requiring that such service suppliers be controlled in fact by a Canadian, requiring that at least 80 percent of the members of the board of directors of such suppliers be Canadian, and imposing cumulative foreign investment level restrictions; and
- the establishment or acquisition in Canada of an investment in the services sector, where the measure does not conform with the obligations imposed by Article 4, Article 8 or Article 9 of this Agreement, provided that the measure is consistent with Canada's obligations under Articles Hl, XVI, XVII and XVII of the WTO General Agreement on Trade in Services, done at Marakech on 15 April 1994.
Schedule of the Republic of Serbia
In accordance with Article 17(3) of this Agreement, the Republic of Serbia reserves the right to adopt or maintain any measure that does not conform to the obligations set out below with respect to the following sectors or matters:
- social services (i.e., public law enforcement; correctional services; income security or insurance; social security or insurance; social welfare; public education; public training; health and child care); where the measure does not conform with the obligations imposed by Article 4 or Article 8;
- the establishment or acquisition in the Republic of Serbia of an investment in the services sector, where the measure does not conform with the obligations imposed by Article 4 or Article 8 or Article 9 of this Agreement, provided that the measure is consistent with the Republic of Serbia's obligations under Article II (Most-Favoured-Nation Treatment), XVI (Market Access), XVII (National Treatment) and XVII (Additional Commitments) of the WTO General Agreement on Trade in Services;
- government securities (i.e. acquisition, sale or other disposition by nationals of the other Party of bonds, treasury bills or other kinds of debt securities issued by the Government of the Republic of Serbia, a province or local self-government), where the measure does not conform with the obligations imposed by Article 4 of this Agreement;
- right to search for, cultivate, extract or exploit mineral water resources, where the measure does not conform with the obligations imposed by Article 4, Article 8 or Article 9.
Annex iii
Exceptions from Most-Favoured-Nation Treatment
1. Article 5 does not apply to treatment accorded by a Party under a bilateral or multilateral international agreement in force or signed prior to the entry into force of this Agreement.
2. Article 5 does not apply to treatment accorded by a Party under an existing or future bilateral, regional or multilateral agreement:
(a) establishing, strengthening or expanding an economic union, monetary union, free trade area or customs union;
(b) relating to:
(i) aviation;
(ii) fisheries; or
(iii) maritime matters, including salvage.
Annex iv
Exclusions from Dispute Settlement
For Canada:
1. A decision by Canada following a review under the Investment Canada Act, with respect to whether or not to permit an investment that is subject to review, is not subject to the dispute settlement provisions under Sections C or D of this Agreement.