Measures in force:
Sector: Environment-related services
Subsector:
Industrial Classification: CPC 94 Sewage and waste disposal, services. sanitation and similar
Type of Reservation: National Treatment (Article 10-03) Most-favored-nation treatment (Article 10-04) Local presence (Article 10-06)
Description: Cross-border trade in services
Chile reserves the right to adopt or maintain any measure relating to the imposition of requirements that the production and distribution of potable water and the collection and disposal of sewage, sanitary services such as sewage, waste disposal and sewage treatment may only be provided by legal persons under Chilean law or created in accordance with requirements established by Chilean law. This reservation does not apply to consulting services contracted by such legal entities.
Measures in force:
Sector: Construction-related services
Subsector:
Industrial Classification: CPC 551 CPC 552 Construction work Construction
Type of Reservation: National Treatment (Article 10-03) Local presence (article 10-06)
Description: Cross-border trade in services
Chile reserves the right to adopt or maintain any measure relating to the supply of construction services by foreign legal persons or entities, in the sense of imposing residency requirements, registrations and/or any other form of local presence, or establishing the obligation to provide financial guarantee for the work as a condition for the supply of construction services.
Measures in force:
Annex II. List of Mexico
Sector: All sectors
Subsector:
Industrial Classification:
Type of Reservation: National Treatment (Articles 9-03 and 10-03)
Description: Cross Border Trade in Services and Investment
Mexico reserves the right to adopt or maintain any measure restricting the acquisition, sale or other disposition of bonds, treasury securities or any other class of debt instruments issued by the Federal, State or Local Government.
Measures in force:
Sector: Minority issues
Subsector:
Industrial Classification:
Type of Reservation: National Treatment (Article 10-03)
Description: Cross-border trade in services
Mexico reserves the right to adopt or maintain any measure that grants rights or preferences to socially or economically disadvantaged groups.
Existing Measures: Political Constitution of the United Mexican States, Article 4
Sector: Communications
Subsector: Telecommunications networks and services
Industrial Classification: CMAP 720006 Other telecommunication services (limited to those services provided by the maritime telecommunication services)
Type of Reservation: National Treatment (Articles 9-03 and 10-03) Most-favored-nation treatment (Articles 9-04 and 10-04) Local presence (Article 10-06)
Level of Government: Federal
Description: Cross Border Trade in Services and Investment
Mexico reserves the right to adopt or maintain any measure with respect to investment in or the supply of maritime telecommunications services.
Measures in force:
Sector: Communications
Subsector: Telecommunications
Industrial Classification: CMAP 720006 Other telecommunications services(limited to mobile and fixed services for aeronautical services)
Type of Reservation: National Treatment (Articles 9-03 and 10-03) Local Presence (Article 10-06)
Level of Government: Federal
Description: Cross Border Trade in Services and Investment
Mexico reserves the right to adopt or maintain any measure with respect to investment in or the provision of air traffic control services, aeronautical meteorology services, aeronautical telecommunications services, flight dispatch and control services and other telecommunications services related to air navigation services.
Measures in force: Political Constitution of the United Mexican States, Article 32. Airport Law, Official Gazette, December 22, 1995, Chapter II. Ley de Vías Generales de Comunicación, Official Gazette, February 19, 1940 Ley Federal de Telecomunicaciones, Official Gazette, June 7, 1995 Foreign Investment Law, Official Gazette, December 27, 1993, Title I; Chapter II. Decree that Creates the Decentralized Organization of "Navigation Services in the Mexican Airspace" (SENEAM), Official Gazette October 3, 1978.
Sector: Communications
Subsector: Telecommunications and postal services
Industrial Classification: CMAP 720001 Postal services (limited to first class mail) class) CMAP 720005 Telegraph and radiotelegraph services
Type of Reservation: National Treatment (Article 10-03)
Level of Government: Federal
Description: Cross-border trade in services
Only the Mexican State may provide postal, telegraphic, and radiotelegraphic services.
Measures in force: Political Constitution of the United Mexican States, Article 28. Mexican Postal Service Law, Official Gazette, December 24, 1986, Title I, Chapter III. Federal Telecommunications Law, Official Gazette, June 7, 1995, Chapter I.
Sector: Energy
Subsector: Petroleum and other hydrocarbons Basic petrochemicals Electricity Nuclear energy Treatment of radioactive minerals
Industrial Classification:
Type of Reservation: National Treatment (Article 10-03) Most-favored-nation treatment (Article 10-04) Local presence (Article 10-06)
Description: Cross-border trade in services
Mexico reserves the right to adopt or maintain any measure relating to services associated with energy and basic petrochemical goods.
Measures in force: Political Constitution of the United Mexican States, Articles 27 and 28. Regulatory Law of Article 27 of the Constitution on Nuclear Matters, Official Gazette, February 4, 1985. Ley Reglamentaria del Artículo 27 Constitucional en el Ramo del Petróleo y sus reglamentos, Diario Oficial, July 16, 1992. Ley Orgánica de Petróleos Mexicanos y Organismos Subsidiarios, Official Gazette, July 16, 1992.
Sector: Social services
Subsector:
Industrial Classification:
Type of Reservation: National Treatment (Article 9-03) Senior executives and boards of directors or boards of directors (article 9-08)
Description: Investment
Mexico reserves the right to adopt or maintain any measure with respect to the execution of public laws and the provision of social readaptation services, and the following services, to the extent that they are social services that are established or maintained for reasons of public interest: pensions, unemployment insurance, social security service, social welfare, public education, public training, health and child care.
Measures in force: Political Constitution of the United Mexican States, Articles 4, 17, 18, 25, 26, 28, 123.
Annex III. List of Mexico
Section A. Activities Reserved to the Mexican State
Mexico reserves the exclusive right to perform and refuse to authorize the establishment of investments in the following activities:
1. Petroleum, other hydrocarbons and basic petrochemicals:
a) Description of activities:
i) exploration and exploitation of crude oil and natural gas; refining or processing of crude oil and natural gas; and production of artificial gas, basic petrochemicals and their inputs and pipelines,
ii) transportation, storage and distribution, up to and including the first-hand sale of the following goods: crude oil; artificial gas; energy goods and basic petrochemicals obtained from refining or from the crude oil processing; and basic petrochemicals, and
iii) foreign trade, up to and including the first-hand sale of the following goods: crude oil, artificial gas, energy goods and basic petrochemicals obtained from the refining or processing of crude oil;
b) Measures: Political Constitution of the United Mexican States, Articles 25, 27 and 28 Regulatory Law of Article 27 of the Mexican Constitution in the Oil Industry Organic Law of Petróleos Mexicanos and Subsidiary Agencies
2. Electricity:
a) Description of activities: the provision of public electricity services in Mexico, including the generation, transmission, transformation, distribution and sale of electricity.
b) Measures: Political Constitution of the United Mexican States, Articles 25, 27 and 28 Electric Energy Public Service Law
3. Nuclear energy and radioactive mineral processing:
a) Description of activities: exploration, exploitation and processing of radioactive minerals, nuclear fuel cycle, nuclear power generation, transport and storage of nuclear waste, use and reprocessing of nuclear fuel and regulation of its applications for other purposes, as well as production of heavy water.
b) Measures: Political Constitution of the United Mexican States, Articles 25, 27 and 28 Regulatory Law of Article 27 of the Constitution on Nuclear Matters
4. Telegraph services:
Measures: Political Constitution of the United Mexican States. Articles 25 and 2, General Communication Roads Law
5. Radiotelegraphy services:
Measures: Political Constitution of the United Mexican States, Articles 25 and 28 General Communications Roads Law
6. Postal service:
a) Description of activities: operation, administration, and organization of first class correspondence.
b) Measures: Political Constitution of the United Mexican States, Articles 25 and 28 Mexican Postal Service Law
7. Banknote issuance and coinage:
Measures: Political Constitution of the United Mexican States, Articles 25 and 28, Organic Law of Banco de México Mexican Mint Law Monetary Law of the United Mexican States
8. Control, inspection and surveillance of sea and land ports:
Measures: Navigation Law, General Roads of Communication Law
The measures referred to are included for transparency purposes and include any measures subordinated to, adopted or maintained under the authority of and consistent with such measures.
Section B. Deregulation of Activities Reserved to the State
1. The activities set forth in Section A are reserved to the Mexican State and private equity investment is prohibited under Mexican law. If Mexico permits the participation of private investment in such activities through service contracts, concessions, loans or any other type of contractual acts, such participation may not be construed as affecting the reservation of the State in such activities.
2. If Mexican law is amended to permit private equity investment in the activities set out in Section A, Mexico may impose restrictions on the participation of foreign investment notwithstanding Article 9-03 by indicating them in Annex I. Mexico may also impose exceptions to Article 9-03 with respect to the participation of foreign investment in the case of the sale of assets or the participation in the capital of an enterprise involved in the activities set out in Section A and shall indicate them in Annex I.
Section C. Activities Previously Reserved to the Mexican State
In those activities reserved to the Mexican State as of January 1, 1992, which ceased to be reserved to the Mexican State on January 1, 1994, Mexico may restrict in favor of companies with a majority participation of natural persons of Mexican nationalities, as defined in the Mexican Constitution, the first sale of assets or of the State's own participation. For the following period, not to exceed three years from the first sale, Mexico may restrict transfers of such assets or participation in favor of other companies with a majority participation of individuals of Mexican nationality, as defined in the Mexican Constitution. At the expiration of such period, the National Treatment obligations contained in Article 9-03 will apply. This provision is subject to Article 9-09 (Reservations and Exceptions).
Annex IV. List of Mexico
1. Mexico exempts the application of Article 9-04 (Most-Favored-Nation Treatment) to treatment accorded under all bilateral or multilateral international agreements in force or signed prior to the entry into force of this Agreement.
2. With respect to those international agreements in force or signed after the date of entry into force of this Agreement, Mexico exempts the application of Article 9-04 (Most-Favored-Nation Treatment) to the treatment granted under those agreements with respect to: a) aviation; b) fishing; or c) maritime affairs, including salvage.
3. For greater certainty, Article 9-04 (Most-Favored Nation Treatment) does not apply to any present or future international cooperation programs to promote economic development, such as those governed by the Energy Cooperation Program for Central American and Caribbean Countries (Pact of San José) and the Export Credit Agreement of the Organization for Economic Cooperation and Development.