Sector: Tourism - Hotels, Restaurants, Tour Guides, Rent- a-Car and other Activities Related to Tourism.
Obligations Concerned: National Treatment (Article 8.2) Local Presence (Article 8.5)
Level of Government: Central
Measures: Law No. 306, Law of Incentives for the Tourism Industry of the Republic of Nicaragua, published in La Gaceta, Diario Oficial No. 117 of June 21, 1999 and its Consolidated Text, published in La Gaceta, Diario Oficial, No. 156 of August 21 of 2020.
Regulation of the Tourist Service Provider Companies of Nicaragua, published in La Gaceta, Diario Oficial, No. 159 of August 21, 2019.
Regulations for Travel Operators in Nicaragua, published in La Gaceta, Diario Oficial, No. 159 of August 21, 2019.
Regulation that Regulates the Activity of Automotive and Water Vehicle Leasing Companies (Rent a Car), published in La Gaceta, Diario Oficial, No. 108 of June 8, 2001.
Regulation that Regulates the Activity of Tourist Guides, approved on November 23, 2022, published in La Gaceta, Diario Oficial, No. 225 of November 30, 2022.
Regulation of Nicaraguan Travel Agencies, published in La Gaceta, Diario Oficial, No. 159 of August 21, 2019.
Hostel Regulations, published in La Gaceta, Diario Oficial, No. 159 of August 21, 2019.
Regulation of the Companies Providers of Food and Beverage Services, published in La Gaceta, Diario Oficial, No. 159, of August 21, 2019.
Description: Cross-Border Trade in Services
To provide tourism services in Nicaragua, an enterprise must be organized under the laws of Nicaragua; and a foreign national must reside in Nicaragua or appoint a legal representative in Nicaragua.
This paragraph does not apply to the provision of tourism services during a cruise.
Any person who avails oneself of the Law of Incentives of the Tourism Industry will be required to hire Nicaraguan personnel, with the exception of experts and specialized technicians, previous authorization from the Ministry of Labor. They will also be required to provide specialized and ongoing training to Nicaraguan citizen, according to the demands of tourism.
Only Nicaraguans can be tour guides.
Annex I Entry 4 – Gambling and Betting Services
Sector: Gambling and Betting Services
Obligations Concerned: National Treatment (Article 8.2) Local Presence (Article 8.5)
Level of Government: Central
Measures: Law No. 766, Text of the Special Law for the Control and Regulation of Casinos and Gambling Rooms, with its Incorporated amendments, published in La Gaceta, Diario Oficial, No. 238 of December 16, 2014 and its Consolidated Text, published in La Gaceta, Diario Oficial, No. 156 of August 21, 2020.
Decree No. 06-2015, Regulation of Law No. 766 Special Law for the Control and Regulation of Casinos and Gambling Rooms, published in La Gaceta, Diario Oficial, No. 47 of March 10, 2015 and its Consolidated Text, published in La Gaceta, Diario Oficial, No. 156 of August 21, 2020.
Description: Cross-Border Trade in Services
The casinos and gambling rooms will be authorized if they are within the categories established by Law.
Every betting games operating in Nicaragua should be carried out in a Casino and/or Gambling Rooms, except those which by Law are expressly governed under another specific legal regime. In case of doubt as to the legal regime to be applied to a gambling game, the Authority of Application indicated in the present Law shall determine if it qualifies as a game under the scope of application of the present Law.
The operation of casinos and gambling rooms is a permitted activity but not encouraged by the State, therefore, it is considered justified that the State may establish measures to avoid or contain unjustified proliferation of casinos and games or inadequate oversight of themselves, may establish objective and reasonable measures governing the exercise of free enterprise in this sector in order to guarantee public order, public security and the protection of vulnerable groups.
In order to obtain the Operating Permit, the interested party must previously obtain the Casino or Gambling Room Operation Title- License, before the Enforcement Authority. If it is a legal person,
copy duly authenticated by a Notary Public, of the testimony of the public deed of incorporation and the statute duly registered in the Public Mercantile Registry, including its modifications if applicable.
Once all the requirements related to the application process for the Casino or Gambling Room Operation Title-License have been fulfilled, prior to the issuance of the Title-License, the applicant must submit a surety bond granted by a financial institution regulated by the Superintendency of Banks and Other Financial Institutions.
Persons who have been shareholders, partners, directors or managers of a company sanctioned with partial or total closure or cancellation of the Title- License operating or Operating Permit of the Casino and / or Gambling Rooms cannot participate as a shareholder, partner, director, manager, representative or employee of a natural or legal person who holds a Title-License of operating as a Casino and / or Gambling Rooms.
Is expressly prohibited to participate directly or indirectly, as a player or punter in gambling of any kind taking place in casinos and gambling rooms, for people who are shareholders, partners, directors, managers, agents or employees of the same company or society to which it belongs the Casino or gambling room corresponding.
Annex I Entry 5 - Business Services (related to the sale of alcoholic beverages)
Sector: Business Services (related to the sale of alcoholic beverages)
Obligations Concerned: Local Presence (Article 8.5)
Level of Government: Central
Measures: The Commerce Code of the Republic of Nicaragua, published in La Gaceta, Diario Oficial, N°. 248,of October 30, 1916 and its amendments.
Law No. 306, Law of Incentives for the Tourism Industry of the Republic of Nicaragua, published in La Gaceta, Diario Oficial No. 117 of June 21, 1999 and its Consolidated Text, published in La Gaceta, Diario Oficial, No. 156 of August 21, 2020.
Decree No. 26-96, Regulation of the Law of the National Police (Decreto 26- 96, published in La Gaceta, Diario Oficial, No. 32 of February 14, 1997 and its amendments.
Law No. 872, Law on Organization, Functions, Career and Special Social Security Regime of the National Police, approved on June 26, 2014, Published in La Gaceta, Diario Oficial, No. 125 of July 7, 2014; and its Consolidated Text, published in La Gaceta, Diario Oficial, No. 34 of February 22, 2022.
Description: Cross-Border Trade in Services
A license is required for the operation of casinos, night clubs, discotheques, cockfighting and all types of permitted games of chance.
Foreign citizens who sell alcoholic beverages through hotel and similar lodging services; food supply; beverages and entertainment centers, such as discotheques, cockfighting and all types of permitted games of chance, bars, canteens, billiards, among others; must have a duly updated residency card.
Legal entities must be duly registered in the corresponding registry and appoint a legal representative domiciled in the country.
Annex I Entry 6 – Services Related to the Construction
Sector: Services Related to the Construction
Obligations Concerned: National Treatment (Article 8.2) Local Presence (Article 8.5)
Level of Government: Central
Measures: Decree No. 237, Law Regulating the Design and Construction Activity, (Decree No. 237, published in La Gaceta, Diario Oficial, No. 263 of December 1, 1986 and its Consolidated T ext, published in the La Gaceta, Diario Oficial, No. 10 of January 18, 2022.
Description: Cross-Border Trade in Services
In order to supply construction services in Nicaragua an enterprise must be organized under Nicaraguan law; and a foreign national must reside in Nicaragua or appoint a legal representative in Nicaragua.
Annex I Entry 7 – Manufacture and Distribution of Firework. Distribution of Firearms and Ammunition
Sector: Manufacture and Distribution of Fireworks Distribution of firearms and Ammunition
Obligations Concerned: National Treatment (Article 8.2) Local Presence (Article 8.5)
Level of Government: Central
Measures: Law No. 510, Special Law for the Control and Regulation of Firearms, Ammunition, Explosives, and other Related Materials published in La Gaceta, Diario Oficial, No. 40 of February 25, 2005 and its Consolidated Text published in La Gaceta, Diario Oficial, No. 34 of February 22, 2022.
Decree No. 26-96, Regulation of the Law of the National Police, published in La Gaceta, Diario Oficial, No. 32 of February 14, 1997.
Law No. 872, Law of Organization, Functions, Career and Special Regime of Social Security of the National Police, published in La Gaceta, Diario Oficial No. 125 of July 7, 2014; and its Consolidated Text, published in La Gaceta, Diario Oficial, No. 34 of February 22, 2022.
Decree No. 28-2005, Regulation to the Special Law for the Control and Regulation of Firearms, Ammunition, Explosives, and other Related Materials, published in La Gaceta, Diario Oficial, No. 78 of April 22, 2005 and its amendments.
Description: Cross-Border Trade in Services
To manufacture and commercialize fireworks and distribute firearms and ammunitions in Nicaragua, a foreign company must be organized under the Nicaraguan law and a foreign national must reside in Nicaragua.
Annex I Entry 8 – Private Security Services
Sector: Private Security Services
Obligations Concerned: National Treatment (Article 8.2) Local Presence (Article 8.5)
Level of Government: Central
Measures: Law No. 903, Private Security Services Law, published in La Gaceta, Diario Oficial, No. 141 on July 29, 2015 and its Consolidated Text published in La Gaceta, Diario Oficial, No. 34 of February 22, 2022.
Resolution DGTA No. 026 - 2013, Enabling and Accreditation of Surveillance Companies and Personnel Port Security Guards, published in La Gaceta, Diario Oficial, No. 89 of May 16, 2014.
Description: Cross-Border Trade in Services
A company must be established in Nicaragua, in accordance with the laws of the country, to operate as company of private security guards.
The personnel working for private security companies must be Nicaraguan or being foreigner have their updated residence or work permit issued by the appropriate authorities. Natural persons serving as armed guards must be of Nicaraguan nationality.
Only the personnel registered with the Water Transport General Directorate of the Transport and Infrastructure may carryout protection works within ports.
Annex I Entry 9 – Radio Broadcasting, Free Television Reception
Sector: Radio Broadcasting, Free Television Reception
Obligations Concerned: National Treatment (Articles 11.2 and 8.2)
Level of Government: Central
Measures: Law No. 200, General Law on Telecommunications and Postal Services and its Consolidated Text, published in La Gaceta, Diario Oficial, No. 242 of December 18, 2019.
Administrative Agreement No. 07-97, Regulation of the Television Broadcasting Service, its consolidated text, published in La Gaceta, Diario Oficial, No. 242 of December 18, 2019 and its amendments.
Description: Investment and Cross-Border Trade in Services
A licenses for social communication media (open television and AM and FM sound radio broadcasting) will only be granted to Nicaraguan natural or legal persons; in the case of legal persons, Nicaraguan nationals must own 51 percent of the capital whose shares will be nominative.
Annex I Entry 10 – Communications - Professional Radio and Television Broadcast Services
Sector: Communications - Professional Radio and Television Broadcast Services
Obligations Concerned: National Treatment (Article 8.2)
Most-Favored-Nation Treatment (Article 8.3)
Level of Government: Central
Measures: Decree No. 66-72, In broadcasters and televisions of the country, only Nicaraguan announcers can be used for narratives of sports programs, published in La Gaceta, Diario Oficial, No. 256, November 10, 1972.
Description: Cross-Border Trade in Services
Enterprises that provide radio and television broadcast services in Nicaragua may only use the professional services of Nicaraguan broadcasters for narration, commentary and live transmission or retransmission of sports or commercial programs of the same nature.
Notwithstanding the foregoing, foreign nationals will be allowed to serve as broadcasters if the laws of their own countries allow Nicaraguan nationals to supply such services.
The provisions of this measure shall not apply to the broadcast of programs by foreign announcers when the transmission of such programs is aimed exclusively to other countries.
Annex I Entry 11 – Communications - Services and Public Telecommunications Networks
Sector: Communications - Services and Public Telecommunications Networks
Obligations Concerned: Local Presence (Article 8.5)
Level of Government: Central
Measures: Executive Decree No. 19-96, Regulation of Law No. 200 General Law on Telecommunications and Postal Services published in La Gaceta, Diario Oficial No. 177of September 19, 1996 and its Consolidated Text, published in La Gaceta, Diario Oficial, No. 242 of December 18, 2019.
Description: Cross-Border Trade in Services
The granting of an enabling title, issued by the Nicaraguan Institute of Telecommunications and Post (Instituto Nicaraguense de Telecomunicaciones y Servicios Postales - TELCOR), telecommunications regulatory entity, is required for the provision and commercialization of Telecommunications services.
This authorization may be granted to Nicaraguan or foreign natural or legal persons. Foreign natural persons must have a valid residency card and legal domicile in the country.
Annex I Entry 12 – Communications - Public Telecommunications Networks
Sector: Communications - Public Telecommunications Networks
Obligations Concerned: Local Presence (Article 8.5)
Level of Government: Central
Measures: Law No. 200, General Law on Telecommunications and Postal Services, published in La Gaceta, Diario Oficial, No. 154 of August 18, 1995 and its amendments and its Consolidated Text, published in La Gaceta, Diario Oficial,No. 242 of December 18, 2019.
Administrative Agreement No. 06-97: Regulation of Subscription Television Services, published in La Gaceta, Diario Oficial, No. 205 of October 28, 1997, its Consolidated Text, published in La Gaceta, Diario Oficial, No. 242 of December 18, 2019 and its amendments.
Administrative Agreement No. 02-97: Regulation of Satellite Communications Services, published in La Gaceta, Diario Oficial, No. 74 of April 22, 1997.
Decree No. 32-2012, Amendments and Additions to Executive Decree No. 128-2004, "General Regulation of the Organic Law of TELCOR, published in La Gaceta, Diario Oficial, No. 188 of October 3, 2012.
Description: Cross-Border Trade in Services
A license granted by the Nicaraguan Institute of Telecommunications and Postal Services (Instituto Nicaraguense de Telecomunicaciones y Servicios Postales - TELCOR), Regulator Entity, is required to install, operate or use a Public Telecommunications Network for the provision of services regarding the television by subscription.
Companies that commercialize directly satellite radio and television signals and the companies that offer satellite carrier services must perform signal landing agreements with TELCOR.
To commercialize satellite communications services and exploit the rights of emission and reception of signals and associated frequency bands associated to satellite systems covering and can provide services in the Nicaraguan territory requires a license granted by TELCOR.
A permit granted by TELCOR is required for the establishment of facilities that require assignment of radio electric frequencies and that have not been specifically authorized in the concessions and licenses, as well as those of the operators of private networks.
The right to use and exploit the satellite orbits and the radio frequency spectrum assigned and/or awarded to satellite radio services is granted through the Concession Contract.
Arrange and coordination of satellite orbits and its radio electric frequency spectrum, both agencies of the International Telecommunication Union (ITU) and with agencies and public and / or private institutions concerned, is the exclusive power of TELCOR.
Annex I Entry 13 – Communications - Services and Public Telecommunications Networks (including Telephony)
Sector: Communications - Services and Public Telecommunications Networks (including Telephony)
Obligations Concerned: Most Favored Nation Treatment (Article 8.3) Local Presence (Article 8.5)
Level of Government: Central
Measures: Political Constitution of the Republic of Nicaragua and its Consolidated Text, published in La Gaceta, Diario Oficial, No. 181 of September 28, 2022.
Law No. 200, General Law on Telecommunications and Postal Services, and its C onsolidated Text, published in La Gaceta, Diario Oficial, No. 242 of December 18, 2019.
Executive Decree No. 19-96, Regulation of Law No. 200, General Law on Telecommunications and Postal Services, and its Consolidated Text, published in La Gaceta, Diario Oficial, No. 242 of December 18, 2019.
Consolidated Text, Regulation for the Preparation and/or Modification of the National Plans for Routing, Availability and Traffic Security of Telecommunications Services and Networks, Administrative Agreement No. 001-2004, published in La Gaceta, Diario Oficial, No. 242 of December 18, 2019.
Administrative Agreement 20-99, General Interconnection and Access Regulation, published in La Gaceta, Diario Oficial, No. 146 of August 2, 1999.
Administrative Agreement No. 02-97, Regulation of Satellite Communications Services, published in La Gaceta, Diario Oficial, No. 74 of April 22, 1997.
Description: Cross-Border Trade in Services
The telecommunications services included in this reservation include those that are provided to the public or to satisfy particular needs.
An enabling title granted by TELCOR is required for:
a. To install radio infrastructure and using, taking advantage of or exploiting a band frequency in the national territory, except for the operation of industrial, scientific and medical equipment, in involuntary radiators or voluntary radiators with a power of less than fifty milliwatts or in accordance with other TELCOR standards;
b. providing services operating or exploiting public telecommunications networks or marketing services of authorized network operators;
c. operating satellites that cover and can provide services in the national territory and commercializing satellite communications services; and
d. exploiting the rights of emission and reception of signals of frequency bands associated with foreign satellite systems that cover and can provide services in the national territory.
The operators of private networks that intend to commercially exploit the services must obtain a license granted by TELCOR, in which case their networks will adopt the character of a public telecommunications network. The private network operators of will require an enabling title when, in the opinion of TELCOR, it is necessary to monitor the compliance with restrictions on interconnection of certain services that use of private networks.
To obtain a qualification certificate, natural and legal persons must comply with the requirements set forth in Law No. 200. Foreign natural persons must possess identification of residence and legal address in the country and foreign legal persons must comply with the provisions in the Commercial Code of the Republic of Nicaragua.
The Public telecommunications networks include the public telecommunications infrastructure that enables telecommunications between defined endpoints of the network. Public telecommunications networks do not include end-user telecommunications terminal equipment, or telecommunications networks located beyond the completion point of the network termination.
The enabling titles for frequency bands for the cellular telephone service will be granted by TELCOR through public tender process. Likewise, TELCOR will carry out public tenders for permits for the assignment of radioelectric spectrum when the number of requests for a certain segment of spectrum exceeds the availability ofradioelectric frequencies required to meet all requests.
When in foreign countries there are no conditions of competition for the provision of international services, TELCOR may establish requirements of proportionality, interconnection points and non- discrimination for the reception of incoming traffic by different operators. Authorized Operators shall submit and maintain updated before TELCOR, the records of each node or switching center belonging to the operators with whom they establish contract(s) to provide service transport international long-distance calls (LDI). In order to maintain registered and updated international routing paths, operators providing call services of international long distance (ILD) that establish interconnection agreements with foreign operators shall notify and submit to TELCOR copy of the interconnection contract signed between the parties.
Annex I Entry 14 – Communications
Sector: Communications
Obligations Concerned: Local Presence (Article 8.5)
Level of Government: Central
Measures: Law No. 200, General Law on Telecommunications and Postal Services, published in La Gaceta, Diario Oficial, No. 154 of August 18, 1995 and its amendments and its Consolidated Text, published in La Gaceta, Diario Oficial, No. 242 of December 18, 2019.
Administrative Agreement No. 19-96: Regulation of Law No. 200, General Law on Telecommunications and Postal Services, published in La Gaceta, Diario Oficial, 177 of September 19th, 1996 and its Consolidated Text, published in La Gaceta, Diario Oficial, No. 242 of December 18, 2019.