Obligations Concerned: Market Access (Article 8.4)
Level of Government: Central
Measures: Political Constitution of the Republic of Nicaragua with its Incorporated amendments, published in La Gaceta, Diario Oficial, No. 32 of February 18, 2014 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, published in La Gaceta, Diario Oficial No. 154 of August 18, 1995 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 concessions, licenses, permits or registrations for the provision of telecommunications services that require the use of the radioelectric spectrum, will be subject to the availability of the spectrum and the policies regarding its use.
Maritime and aeronautical telecommunications services will be authorized, installed, operated and controlled by the National Army and the Nicaraguan Institute of Civil Aeronautics.
The representation of the State before international telecommunications organizations corresponds to the Nicaraguan Institute of Telecommunications and Posts (Instituto Nicaraguense de Telecomunicaciones y Correo - TELCOR).
For national security purposes: a) In no case is the establishment of systems that alter or affect national communication systems allowed. b) The communication points for national defense fines in the national territory must be owned by the State. c) The radioelectric and satellite spectrum is property of the Nicaraguan
State and must be regulated by the regulatory body, the law will regulate the matter.
Annex I Entry 38 – Electricity Generation
Sector: Electricity Generation
Obligations Concerned: Market Access (Article 8.4) Local Presence (Article 8.5)
Level of Government: Central
Measures: Law No. 272, Electric Industry Law, published in La Gaceta, Diario Oficial, No. 74 of April 23, 1998 and its Consolidated Text in Law No. 1045, Law of the Nicaraguan Legal Digest of the Energy and Mining Sector, published in La Gaceta, Diario Oficial, No. 130 of July 14, 2021; and its amendments.
Decree No. 42-98, Regulation of the Electric Industry Law, published in La Gaceta, Diario Oficial, No. 176 of September 17, 2012 and its Consolidated Text in Law No. 1045, Law of the Nicaraguan Legal Digest of the Energy and Mining Sector, published in La Gaceta, Diario Oficial, No. 130 of July 14, 2021; and derived therefrom.
Law No. 554 Energy Stability Law, published in La Gaceta, Diario Oficial No. 175 of September 13, 2012 and its Consolidated Text in Law No. 1045, Law of the Nicaraguan Legal Digest of the Energy and Mining Sector, published in La Gaceta, Diario Oficial, No. 130 of July 14, 2021; and its amendments.
Law No. 532, Law for the Promotion of Electricity Generation with Renewable Sources, published in La Gaceta, Diario Oficial, No. 102 of May 27, 2005 and its Consolidated Text in Law No. 1045, Law of the Nicaraguan Legal Digest of the Energy and Mining Sector, published in La Gaceta, Diario Oficial, No. 130 of July 14, 2021; and its amendments.
Description: Cross-Border Trade in Services
To participate in the generation of electrical energy, a company must be organized under the laws of Nicaragua.
Economic agents, subsidiaries or shareholders engaged in activities of generation of electrical power cannot be owners or partners of the facilities that serve for the transmission and/or distribution of electrical power, except the Nicaraguan Electricity Company (Empresa Nicaraguense de Electricidad - ENEL), which may exercise these activities only in non-concessioned areas.
Generators may be owners of power lines or transmission equipment, needed to connect their plants to the National Interconnected System (Sistema Interconectado Nacional, SIN), which will be considered its secondary transmission system.
New contracts of power generation from renewable sources should be in accordance with the prices specified for each type of generation.
Annex I Entry 39 – Natural Resources
Sector: Natural Resources
Obligations Concerned: Market Access (Article 8.4)
Level of Government: Central
Measures: Political Constitution of the Republic of Nicaragua with its Incorporated amendments, published in Gaceta, Diario Oficial No. 32 of February 18, 2014 and its Consolidated Text, published in La Gaceta, Diario Oficial, No. 181 of September 28, 2022.
Law No. 217, General Law on the Environment and Natural Resources, published in La Gaceta, Diario Oficial, No. 105 of June 6, 1996 and its Consolidated Text. General Law of the Environment and Natural Resources, published in La Gaceta, Diario Oficial, No. 197 of October 20, 2022.
Law No. 316, General Law on the Exploitation of Our Natural Resources, published in La Gaceta, Diario Oficial, No. 83 of April 17, 1958.
Law No. 620, General Law of National Waters, published in La Gaceta, Diario Oficial, No. 169 of September 4, 2007.
Law No. 749, Law on the Legal Regime of Borders, published in La Gaceta, Diario Oficial, No. 244 of December 22, 2010 and its Consolidated Text, Law on the Legal Regime of Borders, Published in La Gaceta, Diario Oficial, No. 98 of June 1, 2020.
Law No. 462, Law for the Conservation, Promotion and Sustainable Development ofthe Forestry Sector, published in La Gaceta, Diario Oficial, No. 168 of September 4, 2003.
Law No. 286, Special Law on Exploration and Exploitation of Hydrocarbons, published in La Gaceta, Diario Oficial, No. 109,of June 12, 1998 and its Consolidated Text, Special Law on Exploration and Exploitation of Hydrocarbons, published in La Gaceta, Diario Oficial, No. 130 of July 14, 2021.
Law No. 387, Special Law on Exploration and Exploitation of Mines, published in La Gaceta, Diario Oficial, No. 151 of August 13, 2001, and its Regulations, Decree N°119-2001 and its Consolidated Text, in Law 1045 Law of the Nicaraguan Legal Digest of the Energy and Mining Sector published in La Gaceta, Diario Oficial, N°130 of July 14, 2021.
Law No. 443, Law of Exploration and Exploitation of Geothermal
Resources, published in La Gaceta, Diario Oficial, No. 218 on November 17, 2014 and its Consolidated Text, in Law 1045 Law of the Nicaraguan Legal
Digest of the Energy and Mining Sector published in La Gaceta, Diario Oficial, N°130 of July 14, 2021.
Law No. 532, Law for the Promotion of Electricity Generation with Renewable Sources, published in La Gaceta, Diario Oficial, No. 102 of May 27, 2005 and its consolidated text, in Law 1045 Law of the Nicaraguan Legal Digest of the Energy and Mining Sector published in La Gaceta, Diario Oficial, N°130 of July 14, 2021.
Law No. 953, Law Creating the Nicaraguan Mining Company (ENIMINAS), published in La Gaceta, Diario Oficial, No. 127 of July 6, 2017.
Law No. 1016, Law Creating the National Hydrocarbon Exploration and Exploitation Company (ENIH), published in La Gaceta, Diario Oficial, No. 30 of February 14, 2020.
Description: Cross-Border Trade in Services
Natural resources are national heritage. The preservation of the environment and the conservation, development and rational exploitation of natural resources correspond to the State; it may enter into contracts for the rational exploitation of these resources, when the national interest so requires.
The domain, use and exploitation of the natural resources described in the law will be regulated by express law.
The exploration, exploitation and benefit of liquid or gaseous hydrocarbons, deposits of any type existing in maritime waters subject to nationaljurisdiction and those located totally or partially in determined areas of importance for national security with mining effects, whose qualification will be made by law, they may be subject to administrative concessions or special operating contracts, with the requirements and under the conditions established by the laws of the matter, for each case.
The mineral resources existing in the soil and in the subsoil of the national territory belong to the State, which exercises absolute, inalienable and imprescriptible control over them. The State guarantees equal rights and obligations for national and foreign investors.
Geothermal resources are national heritage.
Annex I Entry 40 – Elaboration of Maps and Technical Scientific Studies
Sector: Elaboration of Maps and Technical Scientific Studies
Obligations Concerned: Market Access (Article 8.4)
Level of Government: Central
Measures: Political Constitution of the Republic of Nicaragua with its Incorporated amendments, published in Gazette No. 32 of February 18, 2014 and its C onsolidated Text, Political Constitution of the Republic of Nicaragua, approved on October 27, 2021, published in La Gaceta, Diario Oficial, No. 181 of September 28, 2022.
Law No. 311 Organic Law of the Nicaraguan Institute of Territorial Studies (INETER), published in La Gaceta, Diario Oficial, No. 143, of July 28, 1999 and its Regulations to Law No. 311, Organic Law of the Nicaraguan Institute of Territorial Studies (INETER) Executive Decree No. 120-99, published in La Gaceta, Diario Oficial, No. 229, of November 30, 1999, and its amendments.
Description: Cross-Border Trade in Services
The Nicaraguan Institute of Territorial Studies (Instituto Nicaraguense de Estudios Territoriales - INETER) is responsible for developing, updating, editing and publishing official, cadastral, urban and rural maps, as well as thematic maps and hydrographic, nautical and aeronautical charts of the country at different scales.
Annex I Entry 41 – Lottery
Sector: Lottery
Obligations Concerned: Market Access (Article 8.4)
Level of Government: Central
Measures: Decree No. 2-95 Creation of the National Lottery, published in La Gaceta, Diario Oficial, No. 34 of February 17, 1995, as amended.
Decree No.06-2001, Provisions on the National Lottery, published in La Gaceta, Diario Oficial, No.28 of February 8, 2001, with its amendments and its Operating Regulations, published on March 23, 2004 in La Gaceta, Diario Oficial, No. 58.
Description: Cross-Border Trade in Services
Only the State can operate lotteries and games ofchance directly and for charitable purposes.
Only the National Lottery, a State-owned company, can carry out lottery administration and distribution activities.
Annex I Entry 42 - Ports
Sector: Ports
Obligations Concerned: Market Access (Article 8.4)
Level of Government: Central
Measures: Law No. 838, General Law of Ports of Nicaragua, published in La Gaceta, Diario Oficial, No. 92 of May 21, 2013 and its Consolidated Text, General Law of Ports of Nicaragua, Law No. 838, approved on September 2, 2020, published in La Gaceta, Diario, Oficial, No. 17 of January 26, 2021.
Description: Cross-Border Trade in Services
The administration and operation of the ports of national interest is reserved to the National Port Company (Empresa Portuaria Nacional - EPN).
The EPN is the Administering Authority of the state national port system, which includes all public ports. It is the administrative entity of the state-owned ports and the contracts of the ports granted by the State of Nicaragua according to the procedure of Law 838, in which are carryout activities of international transport of goods or passengers, as well as in those of local interest under its administration and control; and in those that can develop or promote in the future.
The President of the Republic, through the EPN and for reasons of strategic interest, may grant concessions or association, construction and operation of new ports for public use prior technical approval of the DGTA to public or private legal entities, nationals or foreign, after consultation and approval, where appropriate, with municipalities and regional councils on the Caribbean Coast, where the port is positioned.
The concessions and contracts for the exploitation and port development that grants the State in the Autonomous Regions of the Caribbean Coast shall be processed in accordance with the provisions of the Political Constitution of the Republic of Nicaragua and the relevant laws of the matter.
When the investment is to develop in the territory of the Autonomous Regions, the legal instrument to be signed between the National Port Company and the investor must count with the approval of the Regional Council as established in the Political Constitution of the Republic of Nicaragua.
The concession contracts or lease shall be governed exclusively by the laws of the Republic of Nicaragua. The disputes that may arise by reason of the interpretation or application of the contract shall be subject to:
1) Amicable settlement between the parties;
2) Mediation before the address of alternate resolution of conflict in the Supreme Court of Justice; or
3) Arbitration, in accordance with the laws of the Republic of Nicaragua.
Annex I Entry 43 – Postal Services
Sector: Postal Services
Obligations Concerned: Market Access (Article 8.4)
Level of Government: Central
Measures: Law No. 758, General Law of Posts and Postal Services of Nicaragua, published in La Gaceta, Diario Oficial, No. 96 and 97 of May 26, 2011 and its C onsolidated Text, published in La Gaceta, Diario Oficial, No. 242 of December 18, 2019.
Description: Cross-Border Trade in Services
The issuance, financing and commercialization of postage stamps, as well as the use of franking machines and other analogous systems, is reserved to the
Nicaragua Post Company (Empresade Correos de Nicaragua).
Annex II. SCHEDULE OF CHINA
Explanatory Notes
1. The Schedule of China to this Annex sets out, pursuant to Article 8.6 (Non- Conforming Measures) and Article 11.10 (Non-Conforming Measures), the specific sectors, subsectors, or activities for which China may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:
(a) Article 11.2 (National Treatment) or Article 8.2 (National Treatment);
(b) Article 11.3 (Most-Favored-Nation Treatment) or Article 8.3 (Most- Favored -Nation Treatment);
(c) Article 11.8 (Performance Requirements);
(d) Article 11.9 (Senior Management and Boards of Directors);
(e) Article 8.4 (Market Access); or
(f) Article 8.5 (Local Presence).
2. Each Schedule entry sets out the following elements:
(a) Sector refers to the sector for which the entry is made;
(b) Subsector refers to the specific sub-sector with which the entry is concerned if mentioned.
(c) Obligations Concerned specifies the article(s) referred to in paragraph 1 that, pursuant to Article 8.6.1(a) (Non-Conforming Measures) and Article 11.10.1(a) (Non-Conforming Measures), do not apply to the sectors, subsectors, or activities scheduled in the entry;
(d) Description sets out the scope of the sectors, subsectors, or activities covered by the entry; and
(e) Existing Measures identifies, for transparency purposes, existing measures that apply to the sectors, subsectors, or activities covered by the entry.
3. In accordance with Article 8.6.2 (Non-Conforming Measures) and Article 11.10.2 (Non-Conforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the sectors, subsectors, or activities identified in the Description element of that entry.
4. For the purposes of the Schedules of China to this Annex, “foreign investor” means any investor of the other Party or a non-Party.
Annex II Entry 1 – Social Services
Sector: Social Services
Obligations Concerned: National Treatment (Article 11.2 and Article 8.2) Most-Favored-Nation Treatment (Article 11.3 and Article 8.3) Performance Requirements (Article 11.8) Senior Management and Boards of Directors (Article 11.9) Market Access (Article 8.4) Local Presence (Article 8.5)
Description: Investment and Cross-border Trade in Services
China reserves the right to adopt or maintain any measure in the following areas: provision of law enforcement and correctional services, provision of social services established or maintained for public purposes, including: social security or social insurance, social welfare (1), public education, public training, health and child care (2).
Annex II Entry 2 – Atomic Energy
Sector: Atomic Energy
Obligations Concerned: National Treatment (Article 11.2) Most-Favored-Nation Treatment (Article 11.3) Performance Requirements (Article 11.8) Senior Management and Boards of Directors (Article 11.9)
Description: Investment
China reserves the right to adopt or maintain any measure with respect to the storage, transportation and reprocessing of spent fuels, decommissioning of nuclear facilities and disposal of radioactive wastes, as well as nuclear import business.
Annex II Entry 3 – Ethnic Minorities
Sector: Ethnic Minorities (1)
Obligations Concerned: National Treatment (Article 11.2 and Article 8.2) Most-Favored-National Treatment (Article 11.3 and Article 8.3) Performance Requirements (Article 11.8) Senior Management and Boards of Directors (Article 11.9) Market Access (Article 8.4) Local Presence (Article 8.5)
Description: Investment and Cross-border Trade in Services
China reserves the right to adopt or maintain any measure that grants rights or preferences to places which are ethnic minorities areas (2) with the view to balance economic development and maintain social justice.
(a) autonomous regions, prefectures and counties as set forth in the Constitution Law of the People’s Republic of China and the Law on Regional Ethnic Autonomy;
(b) ethnic townships and towns inhabited by ethnic minorities according to Regulations on the Administrative Work of Ethnic Townships approved by the State Council; and
(c) the three provinces of Yunnan, Guizhou, and Qinghai.
Annex II Entry 4–Traditional Crafts
Sector: Traditional Crafts and Chinese Traditional Medicine
Obligations Concerned: National Treatment (Article 11.2) Most-Favored-Nation Treatment (Article 11.3) Performance Requirements (Article 11.8) Senior Management and Boards of Directors (Article 11.9)
Description: Investment
China reserves the right to adopt or maintain any measure with respect to the traditional crafts (1) including production of rice paper and ink stick.
Annex II Entry 5–Protection of Biological Resources
Sector: Protection of Biological Resources (1)
Obligations Concerned: National Treatment (Article 11.2 and Article 8.2) Performance Requirements (Article 11.8) Market Access (Article 8.4) Most-Favored-Nation Treatment (Article 8.3) Local Presence (Article 8.5)
Description: Investment and Cross-border Trade in Services
China reserves the right to adopt or maintain any measure with respect to the collection, acquisition and development of biological resources (2) (including human, animal, plant and microbe resources) under national protection.