4. "Maritime cargo handling services" means activities exercised by stevedore companies, including terminal operators, but not including the direct activities of dockers, when this workforce is organised independently of the stevedoring or terminal operator enterprise. The activities covered include the organisation and supervision of:
– the loading/discharging of cargo to/from a ship;
– the lashing/unlashing of cargo;
– the reception/delivery and safekeeping of cargoes before shipment or after discharge.
5. "Customs clearance services" (alternatively "customs house brokers' services") means activities consisting in carrying out on behalf of another party customs formalities concerning import, export or through transport of cargoes, whether this service is the main activity of the service provider or a usual complement of its main activity.
6. "Container station and depot services" means activities consisting in storing containers, whether in port areas or inland, with a view to their stuffing/stripping, repairing and making them available for shipments.
7. "Maritime agency services" means activities consisting in representing, within a given geographic area, as an agent the business interests of one or more shipping lines or shipping companies, for the following purposes:
– marketing and sales of maritime transport and related services, from quotation to invoicing, and issuance of bills of lading on behalf of the companies, acquisition and resale of the necessary related services, preparation of documentation, and provision of business information; and
– acting on behalf of the enterprise organising the call of the vessels or taking over cargoes when required.
8. "Freight forwarding services" means the activity consisting of organising and monitoring shipment operations on behalf of shippers, through the acquisition of transport and related services, preparation of documentation and provision of business information.
MARITIME TRANSPORT
BRAZIL
NOTE TO THE BRAZILIAN COMMITMENTS
DEFINITIONS
1. Other forms of commercial presence for the supply of "international maritime transport services" means the ability for international maritime transport service suppliers of the other Party to undertake locally all activities which are necessary for the supply to their customers of a partially or fully integrated transport service, within which maritime transport constitutes a substantial element.
These activities include:
(a) marketing and sales of maritime transport and related services through direct contact with customers, from quotation to invoicing, these services being those operated or offered by the service supplier itself or by service suppliers with which the service seller has established standing business arrangements;
(b) the acquisition, on their own account or on behalf or their customers (and the resale to their customers) of any transport and related services, including inward transport services by any mode, particularly inland waterways, road and rail, necessary for the supply of the integrated services;
(c) the preparation of documentation concerning transport documents, customs documents, or other documents related to the origin and character of the goods transported;
(d) the provision of business information by any means, including computerised information systems and electronic data interchange (subject to the provisions of the Annex on Telecommunications to GATS);
(e) the setting up of any business arrangements (including participation in the stock of a company) and the appointment of personnel recruited locally (or, in the case of foreign personnel, subject to the horizontal commitment on movement of personnel) with any locally established shipping agency; and
(f) acting on behalf of the companies organising the call of the ship or taking over cargoes when required.
2. "Maritime cargo handling services" means activities exercised by stevedore companies, including terminal operators, but not including the direct activities of dockers, when this workforce is organised independently of the stevedoring or terminal operator companies. The activities covered include the organisation and supervision of:
– the loading/discharging of cargo to/from a ship;
– the lashing/unlashing of cargo; and
– the reception/delivery and safekeeping of cargoes before shipment or after discharge.
3. "Customs clearance services" (alternatively "customs house brokers' services") means activities consisting in carrying out on behalf of another party customs formalities concerning the import, export or through transport of cargoes, whether this service is the main activity of the service provider or a usual complement of its main activity.
4. "Container station and depot services" means activities consisting in storing containers, whether in port areas or inland, with a view to their stuffing/stripping, repairing and making them available for shipments.
5. "Maritime agency services" means activities consisting in representing, within a given geographic area, as an agent the business interests of one or more shipping lines or shipping companies, for the following purposes:
– marketing and sales of maritime transport and related services, from quotation to invoicing, and issuance of bills of lading on behalf of the companies, acquisition and resale of the necessary related services, preparation of documentation, and provision of business information; and
– acting on behalf of the companies organising the call of the ship or taking over cargoes when required.
6. "Freight forwarding services" means the activity consisting of organising and monitoring shipment operations on behalf of shippers, through the acquisition of transport and related services, preparation of documentation and provision of business information.
7. Maintenance and repair of vessels (CPC 8868).
8. Tower and tug services (CPC 7214).
NOTE ON MARITIME TRANSPORT SERVICES
1. Maritime cabotage passenger or freight transport service includes all maritime passenger or freight transportation services rendered between a port or point located in the territory of Brazil and another port or point located in this same territory, including the so called feeder services, and movements of equipment.
2. The transportation of cargo as a result of public procurement, cargo financed or subsidised by the Government of Brazil as well as oil and its by‑products are reserved to vessels flying the Brazilian flag.
MARITIME TRANSPORT SERVICES
URUGUAY
NOTE TO THE URUGUAYAN COMMITMENTS
Where road, rail, inland waterways and auxiliary services are not otherwise fully covered by the commitments listed above, a multimodal transport operator shall have the ability to rent or lease trucks, railway carriages or barges, and related equipment to local enterprises for the purpose of inland forwarding of cargoes, or have access to, and use of, these forms of multimodal activities on reasonable and non-discriminatory terms and conditions for the purpose of carrying out multimodal transport operations. "Reasonable and non-discriminatory terms and conditions" means, for the purpose of multimodal transport operations, the ability of the multimodal transport operator to arrange for the conveyance of its merchandise on a timely basis, including priority over other merchandise which has entered the port at a later date.
DEFINITIONS
1. Without prejudice to the scope of activities which may be considered as "cabotage" under the relevant national laws and regulations, the commitments listed above do not include "maritime cabotage services", which are assumed to cover transportation of passengers or goods between a port located in Uruguay and another port located in Uruguay and traffic originating and terminating in the same port located in Uruguay provided that this traffic remains within Uruguay's territorial waters.
2. "Multimodal transport operators" means the person on whose behalf the bill of lading or multimodal transport document, or any other document evidencing a contract of multimodal carriage of goods, is issued and who is responsible for the carriage of goods pursuant to the contract of carriage.
3. "Maritime cargo handling services" means activities exercised by stevedore companies, including terminal operators, but not including the direct activities of dockers, when this workforce is organised independently of the stevedoring or terminal operator companies. The activities covered include the organisation and supervision of:
– the loading/discharging of cargo to/from a ship;
– the lashing/unlashing of cargo; and
– the reception/delivery and safekeeping of cargoes before shipment or after discharge.
4. "Container station and depot services" means activities consisting in storing containers, whether in port areas or inland, with a view to their stuffing/stripping, repairing and making them available for shipments.
5. "Maritime agency services" means activities consisting in representing, within a given geographic area, as an agent the business interests of one or more shipping lines or shipping companies, for the following purposes:
– marketing and sales of maritime transport and related services, from quotation to invoicing, and issuance of bills of lading on behalf of the companies, acquisition and resale of the necessary related services, preparation of documentation, and provision of business information; and
– acting on behalf of the companies organising the call of the ship or taking over cargoes when required.
6. "Freight forwarding services" means the activity consisting of organising and monitoring shipment operations on behalf of shippers, through the acquisition of transport and related services, preparation of documentation and provision of business information.
11. AIR TRANSPORT SERVICES
ARGENTINA
d. Maintenance and repair of aircraft (CPC 8868)
1) None.
2) None.
3) None.
4) In addition to the horizontal commitments, in order to work professionally in Argentina, Aeronautic Engineers and Technicians are required to revalidate their degrees and licences and they shall register with the Professional Council of Aeronautic and Space Engineering.
1) None.
2) None.
3) None.
4) In addition to the horizontal commitments, in order to work professionally in Argentina, Aeronautic Engineers and Technicians are required to revalidate their degrees and licences and they shall register with the Professional Council of Aeronautic and Space Engineering.
e. Supporting Services for Air Transport (CPC 746)
Sale and commercialisation of air transport services
1) None.
2) None.
3) None.
4) Unbound, except as indicated under the section on horizontal commitments.
1) None.
2) None.
3) None.
4) Unbound, except as indicated under the section on horizontal commitments.
Computerised reservation systems services
1) None.
2) None.
3) None.
4) Unbound, except as indicated under the section on horizontal commitments.
1) None.
2) None.
3) None.
4) Unbound, except as indicated under the section on horizontal commitments.
BRAZIL
E. Rail Transport Services
Freight transportation (CPC 71121, CPC 71123, CPC 71129)
1) Unbound.
2) Unbound.
3) Governmental authorisation required. The granting of new authorisations is discretionary. The number of service suppliers may be limited.
1) Unbound.
2) Unbound.
3) None.
4) Unbound, except as indicated under the section on horizontal commitments.
4) Unbound, except as indicated under the section on horizontal commitments.
F. Road Transport Services
Freight transportation (CPC 71231, CPC 71233, CPC 71234)
(Specific commitments include limitations arising from bilateral road transport agreements which Brazil is party to)
1) Unbound.
2) Unbound.
3) Foreign participation is limited to 1/5 (one-fifth) of the voting shares of Brazilian companies engaged in this activity.
1) Unbound.
2) Unbound.
3) None.
4) Unbound, except as indicated under the section on horizontal commitments.
4) Unbound, except as indicated under the section on horizontal commitments.
G. Pipeline Transport
Transportation of other goods (CPC 7139 excluding hydrocarbon products)
H. Services auxiliary to all modes of transport
(a) Cargo-handling services (CPC 741)
(b) Storage and warehouse services (CPC 742)
1) Unbound.
2) Unbound.
3) None.
4) Unbound, except as indicated under the section on horizontal commitments.
1) Unbound.
2) Unbound.
3) None.
4) Unbound, except as indicated under the section on horizontal commitments.
Appendix 10-E-1
PARAGUAY – ADDITIONAL COMMITMENTSFOR FINANCIAL SERVICES
EFFECTIVE AND TRANSPARENT REGULATIONIN THE FINANCIAL SERVICES SECTOR
1. Each Party shall publish promptly or, except in emergency situations, at the latest by the time of their entry into force, all relevant measures of general application which pertain to or affect this Annex. Such measures shall be provided:
(a) by means of an official publication; or
(b) in another written or electronic form.
2. Each Party's appropriate financial authority shall make available to interested persons its requirements for completing applications relating to the supply of financial services.
3. On the request of an applicant, the appropriate financial authority shall inform the applicant of the status of its application. If such authority requires additional information from the applicant, it shall notify the applicant without undue delay.
4. Each Party shall make its best endeavours to ensure that internationally agreed standards for regulation and supervision in the financial services sector are implemented and applied in its territory. Such internationally agreed standards are, among others, the Core Principles for Effective Banking Supervision of the Basel Committee Banking Supervision, the Insurance Core Principles of the International Association of Insurance Supervisors, the Objectives and Principles of Securities Regulation of the International Organisation of Securities Commission and the 40 recommendations of the Financial Action Task Force on Money Laundering.
MUTUAL RECOGNITION OF PRUDENTIAL MEASURES
1. A Party may recognise prudential measures of the other Party in determining how the Party's measures relating to financial services shall be applied. Such recognition, which may be achieved through harmonisation or otherwise, may be based upon an agreement or arrangement or may be accorded autonomously.
2. A Party that is a party to an agreement or arrangement with a third party as referred to in paragraph 1 whether future or existing, shall grant adequate opportunity for the other Party to negotiate its accession to such agreements or arrangements, or to negotiate comparable ones with it, in circumstances in which there would be equivalent regulation, implementation of such regulation, oversight and, if appropriate, procedures concerning the sharing of information between the parties to the agreement or arrangement. If a Party accords recognition autonomously, it shall grant adequate opportunity for the other Party to demonstrate that such circumstances exist.
________________
(1) The related service activities are included in the list of specific commitments for services, including distribution and transportation.(2) The related service activities are included in the list of specific commitments for services, including distribution and transportation.(3) The related service activities are included in the list of specific commitments for services, including distribution and transportation.(4) Services provided in Paraguay will require a licence granted by the Paraguayan State through a transparent non-discriminatory procedure.(5)
"Offshore financial service supplier" means any financial service supplier, set up in accordance with the laws of a Member State of the Union or of a Signatory MERCOSUR State, which is owned or controlled by juridical persons which are non-residents of Brazil and whose activities are mostly related to such non-residents, and are generally on a scale out of proportion to the size of the economy of the host Member State. These institutions, could otherwise benefit from this Agreement in a way they would not if their services were supplied from the European Union: country of origin of the owner or controller. http://www.imf.org/external/pubs/ft/eds/Eng/Guide/file6.pdf
(6) The service suppliers that perform receptive tourism, which means travellers coming to Paraguay from abroad into Paraguay.(7) Without prejudice to the scope of activities which may be considered as cabotage under the relevant national law, for the purposes of these commitments, cabotage does not include national cabotage transport, which is assumed to cover the transportation of passengers or goods between a port or point located in Argentina and another port or point located in Argentina, including on its continental shelf as provided in UNCLOS, and traffic originating and terminating in the same port or point located in Argentina.(8) Without prejudice to the scope of activities which may be considered as cabotage under the relevant national law, for the purposes of these commitments, cabotage does not include national cabotage transport, which is assumed to cover transportation of passengers or goods between a port or point located in Brazil and another port or point located in Brazil, including on its continental shelf as provided in UNCLOS, and traffic originating and terminating in the same port or point located in Brazil.(9) The constitution of a Brazilian shipping company (EBN) requires, among other things, the ownership of at least one vessel and adequate capital resources for the carrying out of this activity. To fly the Brazilian flag, vessels must be resigistered at the National Registry or at the Special National Registry (REB).(10) This list does not include "maritime cabotage transport services", which are assumed to cover transportation of passengers or goods between a port located in Uruguay and another port located in Uruguay and traffic originating and terminating in the same port located in Uruguay, provided that this traffic remains within the territorial waters of Uruguay.(11) International Maritime Freight Transport includes feeder services: transportation exclusively between a port located in Uruguay and a port located in another Member State of the Union.(12)* A commitment on this mode of delivery is not feasible.(13)** Public utility concession or licensing procedures may apply in case of occupation of the public domain.
ANNEX 26-A.
PREAMBLE
THE PARTIES,
SHARING the view that this Agreement is being signed amidst an unprecedented combination of crises and challenges;
NOTING that:
(a) it is imperative to take urgent action to tackle environmental challenges and crises, including those of climate change, biodiversity loss and pollution, as clearly indicated by the most recent scientific evidence, and which are further exacerbated by persistent levels of poverty, including extreme poverty, food insecurity and inequality;
(b) the COVID-19 pandemic revealed in its wake multiple vulnerabilities in our societies, among which is concern about the resilience of supply chains, not least in national health systems;
(c) geopolitical tensions have led to an increased overlap of economic relations and resilience, bringing about disruptions in international trade flows;
(d) ensuring decent living standards becomes an even more difficult challenge as food supply chains are subject to disruptions and ecosystems are affected by the adverse effects of climate change; and
(e) successive years of cascading challenges and crises have reversed gains in the 2030 Agenda and its Sustainable Development Goals;
UNDERLINING that against this backdrop, it is critical to ensure the operation of an open, transparent and rules-based international trade;
STRESSING the imperative of urgently accelerating our actions to achieve the Sustainable Development Goals, to tackle climate change, and to obtain the means to do so;
FIRMLY BELIEVING that this Agreement brings together two regions which offer critical contributions to address the aforementioned challenges;
HIGHLIGHTING that:
(a) they share values that are called for in addressing the challenges posed by the current global context, such as:
(i) the recognition of the importance of inclusiveness in delivering solutions that work for all, especially workers, local and traditional communities, smallholding farmers, and in empowering women;