China - Nicaragua FTA (2023)
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(1) This entry does not apply to Hotels (including apartment buildings) and Restaurants (CPC 641-643) and Travel Agency and Tour Operator ( CPC 7471) which are listed in Annex II Appendix A.

Annex II Entry 21– Air Transportation

Sector: All Sectors

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)

Measures: Civil Aviation Law of the People's Republic of China (2021); Relevant Bilateral Air Agreements;

Interim Provisions on the Licensing of the Direct Access to and Use of Foreign Computer Reservation Systems by the Sales Agents within the Chinese Territory Designated by Foreign Air Transportation Enterprises (2016);

Provisions on Permission for Using Transport Airports(2022);

Rules on Air Traffic Control of China’s Civil Aviation (2017);

Rules for Managing the Air Traffic Control Training in Civil Aviation(2016);

Rules for the Administration of Civil Aviation Intelligence Training(2016).

Description: Investment and Cross-border Trade in Services

1. China reserves the right to adopt or maintain any measure affecting cross-border supply of:

(a) aircraft repair and maintenance services (CPC 8868);

(b) the selling and marketing of air transport services;

(c) computer reservation system (CRS) services.

2. This reservation does not apply to obligations under Article 8.4 (Market Access) or Article 8.2 and Article 11.2 (National Treatment) in respect of the supply of a service:

(a) by mode (1) and mode (2) in respect of rental / leasing services relating to aircraft without operators;

(b) by mode (2) in respect of the following services:

(i) computer reservation system (CRS) services;

(ii) aircraft repair and maintenance services (CPC 8868); or

(c) by mode (1) in respect of computer reservation system (CRS) services, based on the following limitations:

- Foreign Computer Reservation System, may provide services to Chinese aviation enterprises and Chinese aviation agents by connecting with Chinese Computer Reservation System,

- Foreign Computer Reservation System may provide services to representative offices and sales offices established in the destination cities in China by foreign aviation enterprises which have the right to engage in business according to the bilateral aviation agreements, and

- Direct access to and use of foreign Computer Reservation System by Chinese aviation enterprises and agents of foreign aviation enterprises are subject to approval of the General Administration of Civil Aviation of China (CAAC).

3. For the purposes of this Entry: mode (1) refers to the supply of a service from the territory of one Party into the territory of the other Party; mode (2) refers to the supply of a service in the territory of one Party by a person of that Party to a person of the other Party.

4. China reserves the right to adopt or maintain any measure affecting investments in air transport and air transport-related services.

5. This reservation does not apply to obligations under Article 8.4 (Market Access) or Article 8.2 and Article 11.2 (National Treatment) in respect of investments:

(a) in Computer Reservation System (CRS) services, based on the following limitations:

(i) foreign service suppliers are permitted to establish partly foreign-invested enterprises with Chinese Computer Reservation System in China.

(ii) The Chinese side shall hold controlling shares or be in a dominant position in the enterprises.

(iii) Licenses for the establishment of enterprises are subject to economic needs test;

(b) in Aircraft Repair and Maintenance services (CPC 8868), based on the following limitations:

(i) foreign service suppliers are permitted to establish partly foreign-invested aircraft repair and maintenance enterprises in China. The Chinese side shall hold controlling shares or be in a dominant position in the partly foreign-invested enterprises;

(ii) the partly foreign-invested enterprises have the obligation to undertake business in the International market.

(c) in rental / leasing services relating to aircraft without operators, based on the following limitations:

(i) wholly foreign-owned subsidiaries are permitted;

(ii) service suppliers shall have global assets of US$ 5 million.

Annex II Entry 22– Air Transportation

Sector: All Sectors

Sub-Sector: Air Transport Services-Passengers Transportation by Air Freight Transportation by Air

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 relating to requirements of China’s bilateral and multilateral air services agreements.

Annex II Entry 23 – Foreign Debts

Sector: Financial Services

Obligations Concerned: National Treatment (Article 11.2 and Article 8.2) Market Access (Article 8.4) Financial Services Cross-border Trade (Article 9.5)

Level of Government: Central

Description: Investment and Cross-border Trade in Services

China reserves the right to adopt or maintain any measures with regard to the borrowing of foreign debts by domestic enterprises and individuals pursuant to the foreign debt administration regime.

Annex II Entry 24–Import and Export

Sector: Wholesale - Import and Export

Obligations Concerned:  National Treatment (Article 11.2)

Level of Government:  Central

Measures: Foreign Trade Law of the People's Republic of China (2016), Article 11;

Regulation of the People’s Republic of China on the Administration of the Import and Export of Goods (2001), Article 45.

Description: Investment

The import or export of the following goods into or outside China are subject to state trading administration, and Chinese government reserves the right to determine and announce to public the list of the enterprises that may engage in the import state trading or export state trading:

(a) Goods of which the import is subject to state trading administration refer to the goods listed in Annex 2A1 to the Protocol on the Accession of the People’s Republic of China (WT/L/432), excluding vegetable oil;

(b) Goods of which the export is subject to the state trading administration refer to the goods as listed in Annex 2A2 to the Protocol on the Accession of the People’s Republic of China (WT/L/432) and tobacco monopoly products, excluding yarn and non-bleached yarn.

Annex II Entry 25 – All sectors

Sector: All sectors

Obligations Concerned: Most-Favored-Nation Treatment (Article 8.3) National Treatment (Article 8.2) Market Access (Article 8.4)

Description: Cross-border Trade in Services

China reserves the right to adopt or maintain any measure with respect to the supply of service by the presence of natural persons, or other movement of natural persons, including immigration, entry or temporary stay, subject to the provisions of Chapter 10 (Temporary Entry for Business Person).

Annex II Entry 26– All Sectors

Sector: All Sectors (not including Financial Services)

Obligations Concerned:

Market Access (Article 8.4)

Description: Cross-border Trade in Services

China reserves the right to adopt or maintain any measure affecting trade in services through commercial presence of a Nicaraguan service supplier in its territory that is not consistent with Article 8.4(Market Access), except for China’s commitments under Article XVI of General Agreement on Trade in Services (GATS) as set out in China’s Schedule of Specific Commitments under GATS and China’s modifications in the Appendix A.

Appendix A.

For the following Sectors, China’s Obligations under Article XVI of the General Agreement on Trade in Services as set out in China’s Schedule of Specific Commitments under the General Agreement on Trade in Services (GATS) (GATS/SC/135, GATS/SC/135/Corr.1, GATS/SC/135/Corr.2) are improved as described.

Sector/Subsector Market Access Improvements
1. BUSINESS SERVICES
A. Professional Services
a. Legal Services (CPC 861, excluding Chinese law practice)For mode 3 limitations: The geographic and quantitative limitations for representative offices are eliminated for mode 3.
c. Taxation services (CPC 8630) Modify mode 3 limitations as “None”
d. Architectural services (CPC 8671) e. Engineering services (CPC 8672) f. Integrated engineering services (CPC 8673) Modify mode 3 limitations as “None”
g. Urban planning services (except general urban planning) (CPC 8674) Modify mode 3 limitations as “None”.
B. Computer and Related Services (Computer and related services do not cover the economic activity consisting of the provision of content services which require computer and related services as a means of supply)
b. Software implementation services (CPC 842) c. Data processing services (CPC 843) - Input preparation services (CPC 8431)Modify mode 3 from “Only in the form of joint ventures, with foreign majority ownership permitted” to “Wholly Foreign-owned enterprises are allowed”.
- Maintenance and repair services of office machinery and equipment including computers (CPC 845 and 886)Modify mode 3 limitations as follows: “Wholly foreign-owned subsidiaries are permitted”.
D. Real Estate Services
a. Real estate services involving own or leased property (CPC 821)Modify mode 3 from “None except for the following: Wholly foreign-owned enterprises are not permitted for high standard real estate projects, such as apartments and office buildings, but excluding luxury hotels” to “None”.
b. Real estate services on a fee or contract basis (CPC 822)Modify mode 3 from “Only in the form of joint ventures, with foreign majority ownership permitted” to “None”.
E. Rental and leasing services (CPC 831, 832, excluding CPC 83202)Insert new commitments with “Wholly foreign-owned enterprises are allowed. Foreign service suppliers are required to have global assets of US$ 5 million.”for mode 3.
F. Other Business Services
a. Advertising Services (CPC 871) Modify mode 3 limitations as “None”.
b. Market research services (CPC 86401, only limited to investigation services designed to secure information on the prospects and performance of an organization’s products in the market) Insert new commitments with “Only in the form of partly foreign-invested enterprises, partly foreign-invested enterprises with foreign majority ownership are permitted. Economic needs tests are required” for mode 3.
c. Management Consulting services (CPC 865)Modify mode 3 limitations as follows: “Wholly foreign-owned subsidiaries are permitted”.
d. Services related to management consulting (only limited to the following sub- sector)- Project management services other than for construction (CPC 86601)Insert new commitments with “Only partly foreign-invested enterprises with foreign majority ownership are permitted. Economic needs tests are required” for mode 3.
e. Technical testing and analysis services (CPC 8676) and freight inspection covered by CPC 749, excluding statutory inspection services for freight inspection servicesModify mode 3 limitations as “None”.
g. Services incidental to manufacturing (CPC 884, 885, except for 88442, and excluding prohibited or restricted industries for foreign service suppliers by Chinese laws and regulations, and excluding services China considers relating to its national security interests.).   Insert new commitments with “Wholly foreign- owned subsidiaries are allowed” for mode 3.  
h. Placement and supply services of Personnel (CPC 872)Insert new commitments with “None” for mode 3.
m. Related scientific and technical consulting services (CPC 8675) - Geological, geophysical (excluding regional gravity and magnetism prospecting services) and other scientific prospecting services (CPC 86751) - Sub-surface surveying services (CPC 86752)Modify mode 3 limitations as “None”.
- Onshore oil-field services Modify mode 3 limitations as follows: “For domestic and foreign invested enterprises established in China with net assets of less than 300 million yuan: Only in the form of petroleum exploitation in cooperation with China National Petroleum Corp. (CNPC) or China Petroleum & Chemical Corporation (SINOPEC) in the designated areas approved by the Chinese government. In order to carry out the petroleum contract, the foreign service supplier shall establish a branch, subsidiary or representative office within the territory of the People's Republic of China and go through registration formalities in accordance with the laws. The domiciles of the said offices shall be determined through consultation with CNPC or SINOPEC. The foreign service supplier shall open its bank account with a bank approved by the Chinese authorities to engage in foreign exchange business within the Chinese territory. For domestic and foreign invested enterprises established in China with net assets of no less than 300 million yuan: engage in oil and gas exploration and exploitation shall in compliance with safety, environmental protection and other qualification requirements and regulations, and with corresponding technical capabilities for oil and gas exploration and exploitation, could gain oil and gas exploration and exploitation rights independently.”
- Maintenance and repair services (CPC 633, 6112 and 6122). Modify mode 3 limitations as follows: “Wholly foreign-owned subsidiaries are permitted”.
o. Building-cleaning services (CPC 874)Insert new commitments with “Wholly foreign- owned enterprises are permitted” for mode 3.
q. Packaging services (CPC 876)Modify mode 3 limitations as follows: “None”.
r. Printing of packaging materials, on a fee or contract basis (Only limited to the printing of packaging materials)Insert new commitments with “Wholly foreign-owned enterprises are permitted. Economic needs tests are required” for mode 3.
t. Translation and interpretation services (CPC 87905)Modify mode 3 limitations as follows: “Wholly foreign-owned enterprises are permitted”.
2. COMMUNICATION SERVICES
B. Courier Services (CPC 75121, except for those specifically reserved to Chinese postal authorities by the related law at the time of China’s accession to WTO on December 11th 2001)Modify mode 3 limitations as follows: “Wholly foreign-owned subsidiaries are permitted” .
C. Telecommunication Services. Value-added Services Including the following: (h) Electronic mail (i) Voice mail (j) On-line information and database retrieval (k) Electronic data interchange (l) Enhanced/Value-added facsimile services (including store and forward, store and retrieve) (m) Code and protocol conversion (n) On-line information and/or data processing (including transaction processing) Modify mode 3 limitations as follows: “Foreign service suppliers are permitted to establish partly foreign-invested value-added telecommunication enterprises, and foreign investment in the enterprises shall be no more than 50 per cent.”
Basic Telecommunication Services - Paging Services Modify mode 3 limitations as follows: “Foreign service suppliers are permitted to establish partly foreign-invested enterprises with foreign equity participation of no more than 50 per cent”.
Mobile Voice and Data Services: - Analogue / Digital / Cellular Services - Personal Communication Services Modify mode 3 limitations as follows: “Foreign service suppliers are permitted to establish partly foreign-invested enterprises only, and foreign investment in the enterprises shall be no more than 49 per cent”.
- Domestic Services a. Voice services b. Packet-switched data transmission services c. Circuit-switched data transmission services f. Facsimile services g. Domestic private leased circuit services - International Services a. Voice services b. Packet-switched data transmission services c. Circuit-switched data transmission services f. Facsimile services g. International closed user group voice and data services (use of private leased circuit service is permitted) Modify mode 3 limitations as follows: “Foreign service suppliers are permitted to establish partly foreign-invested enterprises only, and foreign investment in the enterprises shall be no more than 49 per cent”.
3. CONSTRUCTION AND RELATED ENGINEERING SERVICES
(CPC 511, 512, 513 (1), 514, 515, 516, 517, 518 (2)) Modify mode 3 limitations as “None” .
(1) Including dredging services relating to infrastructure construction.
(2) Coverage of CPC 518 is limited only to the rental and leasing services of construction and/or demolition machines with operator which are owned and used by foreign construction enterprises in their supply of services.
Sector/Subsector Market Access Improvements
4. DISTRIBUTION SERVICES
A. Commission Agents’ Services (excluding salt, tobacco) B. Wholesale Trade Services (excluding salt, tobacco) Modify mode 3 limitations as follows: “None”.
C. Retailing Services (excluding tobacco) Modify mode 3 limitations as follows: “Wholly foreign-owned enterprises are permitted, except for: - chain stores which sell products of different types and brands from multiple suppliers with more than 30 outlets. For such chain stores with more than 30 outlets, foreign majority ownership will not be permitted if those chain stores distribute any of the following products: books, newspapers, magazines, pharmaceutical products, pesticides,mulching films, processed oil, chemical fertilizers and products listed in Annex 2A (Products Subject to State Trading) of the Protocol of China's WTO Accession. The foreign chain store operators will have the freedom of choice of any partner, legally established in China according to China's laws and regulations” .
D. Franchising Modify mode 3 limitations as: “None”.
E. Wholesale or retail trade services away from a fixed location. Modify mode 3 limitations as: “None (1)”.
(1) See paragraph 310 of the Working Party Report on the Accession of China to the WTO.
Sector/Subsector Market Access Improvements
6. ENVIRONMENTAL SERVICES (excluding environmental quality monitoring and pollution source inspection)
A. Sewage Services (CPC 9401) B. Solid Waste Disposal Services (CPC 9402) C. Cleaning Services of Exhaust Gases (CPC 9404) D. Noise Abatement Services (CPC 9405) E. Nature and Landscape Protection Services (CPC 9406 excluding the construction and operation of natural reserves and Ramsar sites) G. Sanitation Services (CPC 9403) Modify mode 3 from “Foreign services suppliers engaged in environmental services are permitted to provide services only in the form of joint ventures, with foreign majority ownership permitted” to “None”.
8. HEALTH RELATED AND SOCIAL SERVICES
C. Social Services - Services for the aged (part of CPC 93311 and 93323) Insert new mode 3 commitments as follows: “Service suppliers of a Party are permitted to establish wholly foreign-owned profit-making institutions for the aged in China”.
9. TOURISM AND TRAVEL RELATED SERVICES
A. Hotels (including apartment buildings) and Restaurants (CPC 641- 643)   Modify mode 3 limitations as follows: “Foreign services suppliers may construct, renovate and operate hotel and restaurant establishments in China. Wholly foreign-owned subsidiaries are permitted.”
B.Travel Agency and Tour Operator (CPC 7471) Modify mode 3 limitations as follows: “None”.
10. RECREATIONAL, CULTURAL AND SPORTING SERVICES (other than audiovisual services)
D. Sporting and other recreational services (Only limited to CPC 96411, 96412, 96413, including yoga, excluding golf & E-Sports) Insert new commitments with “None” for mode 3.
11. TRANSPORT SERVICES
A. Maritime Transport Services - International transport (freight and passengers) (CPC 7211 and 7212 less cabotage transport services) Modify mode 3 limitations as: “None”.
H. Auxiliary Services a. Maritime cargo-handling services (CPC 741) c. Customs clearance services for maritime transport d. Container station and depot services e. Maritime agency services Modify mode 3 limitations as: “None”.
C. Air Transport Services d. Aircraft repair and maintenance services (CPC 8868)  Delete the limitation of “Licenses for the establishments of joint ventures are subject to economic needs test” for mode 3.
- Computer Reservation System (CRS) services Modify mode 3 from “unbound” to “Foreign service suppliers are permitted to establish partly foreign-invested enterprises with Chinese Computer Reservation System in China. The Chinese side shall hold controlling shares or be in a dominant position in the enterprises. Licences for the establishment of enterprises are subject to economic needs test”.
Rail Transport Services - Freight transportation by rail (CPC 7112) - Supporting services for rail transport services (CPC 743) Modify mode 3 limitations as: “None”.
E. Road Transport Services - Freight transportation by road in trucks or cars (CPC 7123) Modify mode 3 limitations as: “None”.
Passenger Transportation - Urban and suburban regular transportation (CPC 71211) - Urban and suburban special transportation (CPC 71212) - Interurban regular transportation (CPC 71213) - Interurban special transportation (CPC 71214) Insert new commitments with “None” for mode 3.
H. Services Auxiliary to all modes of Transport - Storage and warehousing services (CPC 742) For mode 3 limitations: The ownership for foreign investment are eliminated for mode 3. Wholly foreign-owned subsidiaries are permitted.
- Freight forwarding agency services (CPC 748) Modify mode 3 limitations as follows: “Foreign freight forwarding agencies which have at least three consecutive years’ experience are permitted to set up partly foreign-invested freight forwarding agency in China. Wholly foreign-owned subsidiaries permitted. Operation term of the partly foreign-invested enterprises shall not exceed 20 years. After one year operating in China, a partly foreign- invested enterprise can set up branches. A foreign freight forwarding agency may set up a second partly foreign-invested enterprise after its first enterprise has been in operation for two years”.
- Freight inspection covered by CPC 749, excluding statutory inspection services for freight inspection services Modify mode 3 limitations as follows: “Foreign services suppliers which have been engaged in inspection services in their home countries for more than three years are permitted to establish partly foreign-invested enterprises conducting technical testing, analysis and freight inspection with no less than US$ 350,000 in registered capital. Wholly foreign-owned subsidiaries are permitted.”
12. OTHER SERVICES NOT INCLUDED ELSEWHERE
- Specialty design services (CPC87907) Insert new commitments with “None” for mode 3.
- Hairdressing and other beauty services (CPC 9702) Insert new commitments with “None” for mode 3.

Annex II. SCHEDULE OF NICARAGUA

Explanatory Notes

1. The Schedule of Nicaragua of this Annex sets out, pursuant to Articles 11.10 (Non-Conforming Measures) and 8.6 (Non-Conforming Measures), the specific sectors, sub sectors, or activities for which Nicaragua may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:

(a) Articles 11.2 (National Treatment) or 8.2 (National Treatment);

(b) Articles 11.3 (Most-Favored-Nation Treatment) or 8.3 (Most-Favored-Nation Treatment);

(c) Article 8.5 (Local Presence)

(d) Article 11.8 (Performance Requirements);

(e) Article 11.9 (Senior Management and Boards of Directors); or

(f) Article 8.4 (Market Access).

2. Each Schedule entry sets out the following elements:

(a) Sector refers to the sector for which the entry is made;

(b) Obligations Concerned specifies the obligation(s) referred to in paragraph 1 that, pursuant to Articles 11.10 (Non-Conforming Measures) and 8.6 (Non-Conforming Measures), do not apply to the sectors, subsectors, or activities listed in the entry;

(c) Description sets out the scope of the sectors, subsectors, or activities covered by the entry; and

(d) 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 11.10 (Non-Conforming Measures) and 8.6 (Non-Conforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the sectors, subsectors, and activities identified in the Description element of that entry.

Annex II Entry 1 – All Sectors

Sector: All Sectors

Obligations Affected: National Treatment (Articles 8.2 and 11.2) Senior Management and Boards of Directors (Article 11.9)

Government Level: Central

Measures:

Description: Investment and Cross Border Trade in Services

Nicaragua reserves the right to limit the transfer or disposition of any participation in the capital of an existing State company, in order that only Nicaraguan nationals may receive said participation. However, the preceding sentence pertains only to the initial transfer or disposition of such interest. Nicaragua does not reserve this right with respect to subsequent transfers or dispositions of such interest.

Nicaragua reserves the right to limit the control of any new company created by the transfer or alienation of any participation in the capital described in the previous paragraph through means other than limitations on the domain of interest. Nicaragua also reserves the right to adopt or maintain any measure related to the nationality of senior managers and members of the board of directors of said new enterprise.

Annex II Entry 2 – Minority Affairs and Indigenous Peoples

Sector: Minority Affairs and Indigenous Peoples

Obligations Affected: National Treatment (Articles 8.2 and 11.2) Most Favored Nation Treatment (Articles 8.3 and 11.3) Local Presence (Article 8.5) Performance Requirements (Article 11.8) Senior Management and Boards of Directors (Article 11.9)

Government Level: Central

Measures: Political Constitution of the Republic of Nicaragua with its Incorporated reforms, published in La Gaceta, Diario Oficial, No. 32 of February 18, 2014, Consolidated Text, published in La Gaceta, Diario Oficial, No. 181 of September 28, 2022.

Description: Investment and Cross-Border Trade in Services

Nicaragua reserves the right to adopt or maintain any measure granting rights or preferences to socially or economically disadvantaged minorities and indigenous populations.

Annex II Entry 3 – Communications

Sector: Communications

Obligations Affected:

Most Favored Nation Treatment (Artícles 8.3 and 11.3)

Government Level: 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.

Political Constitution of the Republic of Nicaragua, published in La Gaceta, Diario Oficial, No. 32 of February 18, 2014, Consolidated Text, published in La Gaceta, Diario Oficial, No.181 of September 28, 2022.

Executive Decree No. 19-96, Regulation of Law No. 200, General Law on Telecommunications and Postal Services, published in La Gaceta, Diario Oficial, No. 177 of September 19, 1996, and its consolidated Text, published in La Gaceta, Diario Oficial, No. 242 of December 18, 2019.

Investment and Cross-Border Trade in Services

Description:

Nicaragua reserves the right to adopt or maintain any measure that grants differential treatment to people from other countries due to the application of reciprocal measures or through international agreements that involve sharing the radioelectric spectrum, guaranteeing access to the market or national treatment with respect to the one-way satellite transmission of “direct-to-home” (DTH) and “direct broadcasting” (DBS) television services and digital audio services.

Annex II Entry 4 – All Sectors

Sector: All Sectors

Obligations Affected: Most Favored Nation Treatment (Articles 8.3 and 11.3)

Government Level: Central

Measures:

Description: Investment and Cross-Border Trade in Services

Nicaragua reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement.

Nicaragua reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed after the date of entry into force of this Agreement involving:

(a) aviation;

(b) fishing; or

(c) maritime matter, including salvage.

Annex II Entry 5 – Coastal Lands, Islands and River Banks

Sector: Coastal Lands, Islands and River Banks

Obligations Affected: National Treatment (Article 11.2)

Government Level: Central

Measures: Political Constitution of the Republic of Nicaragua with its Incorporated reforms, published in La Gaceta, Diario Oficial, No. 32 of February 18, 2014, Consolidated Text, published in La Gaceta, Diario Oficial, No. 181 of September 28, 2022.

Law No. 913, Law amending Law No. 690, Law for the Development of Coastal Zones, published in La Gaceta, Diario Oficial, No. 193 of October 13, 2015.

Law No. 690, Law for the Development of Coastal Zones, published in La Gaceta, Diario Oficial, No. 141 of July 29, 2009.

Decree No. 78-2009, Regulation of Law No. Law for the Development of Coastal Zones, published in La Gaceta, Diario Oficial, No. 180 of September 24, 2009.

Description: Investment

  • Chapter   1 INITIAL PROVISIONS AND DEFINITIONS 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Objectives 1
  • Article   1.3 Relation to other Agreements 1
  • Article   1.4 Geographical Applicability (1) 1
  • Article   1.5 General Definitions 1
  • Chapter   2 TRADE IN GOODS 1
  • Article   2.1 Scope 1
  • Article   2.2 National Treatment 1
  • Article   2.3 Elimination of Customs Duties 1
  • Article   2.4 Acceleration of Tariff Commitments 1
  • Article   2.5 Temporary Admission of Goods 1
  • Article   2.6 Import and Export Restrictions 1
  • Article   2.7 Tariff-Rate Quota 1
  • Article   2.8 Tariff-Rate Quota Administration 1
  • Article   2.9 Import Licensing Procedures 1
  • Article   2.10 Administrative Fees and Formalities 1
  • Article   2.11 Agricultural Export Subsidies 1
  • Article   2.12 Committee on Trade In Goods 1
  • Article   2.13 Definition 2
  • Chapter   3 RULES OF ORIGIN AND IMPLEMENTATION PROCEDURES 2
  • Section   A Rules of Origin 2
  • Article   3.1 Originating Goods 2
  • Article   3.2 Goods Wholly Obtained 2
  • Article   3.3 Regional Value Content 2
  • Article   3.4 De Minimis 2
  • Article   3.5 Accumulation 2
  • Article   3.6 Minimal Operations or Processes 2
  • Article   3.7 Fungible Materials 2
  • Article   3.8 Neutral Elements 2
  • Article   3.9 Packing, Packages and Containers 2
  • Article   3.10 Accessories, Spare Parts and Tools 2
  • Article   3.11 Sets 2
  • Article   3.12 Direct Consignment 2
  • Section   B Implementation Procedures 2
  • Article   3.13 Certificate of Origin 2
  • Article   3.14 Retention of Origin Documents 2
  • Article   3.15 Obligations Regarding Importations 2
  • Article   3.16 Refund of Import Customs Duties or Deposit 2
  • Article   3.17 Verification of Origin 2
  • Article   3.18 Denial of Preferential Tariff Treatment 3
  • Article   3.19 Third Country Invoicing 3
  • Article   3.20 Electronic Origin Data Exchange System 3
  • Article   3.21 Committee on Rules of Origin 3
  • Article   3.22 Contact Points 3
  • Article   3.23 Definitions 3
  • Chapter   4 CUSTOMS PROCEDURES AND TRADE FACILITATION 3
  • Article   4.1 Scope and Objectives 3
  • Article   4.2 Facilitation 3
  • Article   4.3 Customs Valuation 3
  • Article   4.4 Tariff Classification 3
  • Article   4.5 Customs Cooperation 3
  • Article   4.6 Transparency 3
  • Article   4.7 Advance Rulings 3
  • Article   4.8 Review and Appeal 3
  • Article   4.9 Penalties 3
  • Article   4.10 Application of Information Technology 3
  • Article   4.11 Risk Management 3
  • Article   4.12 Release of Goods 3
  • Article   4.13 Authorized Economic Operator 3
  • Article   4.14 Consultation 3
  • Article   4.15 Committee on Customs Procedures and Trade Facilitation 3
  • Article   4.16 Definitions 3
  • Chapter   5 SANITARY AND PHYTOSANITARY MEASURES 3
  • Article   5.1 Objectives 3
  • Article   5.2 Scope and Definitions 3
  • Article   5.3 Affirmation 3
  • Article   5.4 Risk Analysis 3
  • Article   5.5 Regionalisation 3
  • Article   5.6 Equivalence 3
  • Article   5.7 Transparency 3
  • Article   5.8 Emergency Measures 3
  • Article   5.9 Technical Cooperation 3
  • Article   5.10 Committee on Sanitary and Phytosanitary Measures 4
  • Article   5.11 Contact Points and Competent Authorities 4
  • Chapter   6 TECHNICAL BARRIERS TO TRADE 4
  • Article   6.1 Objectives 4
  • Article   6.2 Scope 4
  • Article   6.3 General Provision 4
  • Article   6.4 International Standards 4
  • Article   6.5 Technical Regulations 4
  • Article   6.6 Conformity Assessment Procedures 4
  • Article   6.7 Measures at the Border 4
  • Article   6.8 Transparency and Information Exchange 4
  • Article   6.9 Technical Consultations 4
  • Article   6.10 Cooperation 4
  • Article   6.11 Contact Point 4
  • Article   6.12 Definitions 4
  • Chapter   7 TRADE REMEDIES 4
  • Section   A Bilateral Safeguard Measures 4
  • Article   7.1 Application of a Bilateral Safeguard Measure 4
  • Article   7.2 Scope and Duration of Bilateral Safeguard Measures 4
  • Article   7.3 Investigation Procedures 4
  • Article   7.4 Provisional Measure 4
  • Article   7.5 Notification and Consultation 4
  • Article   7.6 Compensation 4
  • Article   7.7 Procedural Rules 4
  • Section   B Global Safeguards Measures 4
  • Article   7.8 General Provisions 4
  • Section   C Antidumping and Countervailing Duties 4
  • Article   7.9 General Provisions 4
  • Article   7.10 Non-Application of Dispute Settlement 4
  • Section   D Definitions 4
  • Article   7.11 Definitions 4
  • Chapter   8 CROSS-BORDER TRADE IN SERVICES 4
  • Article   8.1 Scope 4
  • Article   8.2 National Treatment (5) 5
  • Article   8.3 Most-Favored-Nation Treatment 5
  • Article   8.4 Market Access 5
  • Article   8.5 Local Presence 5
  • Article   8.6 Article 8.6: Non-Conforming Measures 5
  • Article   8.7 Transparency 5
  • Article   8.8 Domestic Regulation 5
  • Article   8.9 Recognition 5
  • Article   8.10 Payments and Transfers 5
  • Article   8.11 Denial of Benefits 5
  • Article   8.12 Public Telecommunications Services (10) 5
  • Article   Article 8.13: Definitions 5
  • Chapter   9 FINANCIAL SERVICES 5
  • Article   9.1 Scope and Coverage 5
  • Article   9.2 National Treatment (12) 5
  • Article   9.3 Most-Favored-Nation Treatment 5
  • Article   9.4 Market Access for Financial Institutions 5
  • Article   9.5 Cross-Border Trade 5
  • Article   9.6 New Financial Services 5
  • Article   9.7 Treatment of Certain Information 5
  • Article   9.8 Senior Management and Boards of Directors 5
  • Article   9.9 Non-Conforming Measures 5
  • Article   9.10 Exceptions 6
  • Article   9.11 Transparency and Administration of Certain Measures 6
  • Article   9.12 Self-Regulatory Organisations 6
  • Article   9.13 Payment and Clearing Systems 6
  • Article   9.14 Transfers of Information and Processing of Information 6
  • Article   9.15 Recognition 6
  • Article   9.16 Financial Services Committee 6
  • Article   9.17 Supervisory Cooperation 6
  • Article   9.18 Consultations 6
  • Article   9.19 Article 9.19: Dispute Settlement 6
  • Article   9.20 Contact Points 6
  • Article   9.21 Definitions 6
  • Annex 9  CROSS-BORDER TRADE 6
  • Section   A CHINA (20) 6
  • Section   B NICARAGUA 6
  • Chapter   10 TEMPORARY ENTRY FOR BUSINESS PERSONS 6
  • Article   10.1 Objectives 6
  • Article   10.2 Scope 7
  • Article   10.3 Article 10.3: Expeditious Application Procedures 7
  • Article   10.4 Grant of Temporary Entry 7
  • Article   10.5 Transparency 7
  • Article   10.6 Contact Points 7
  • Article   10.7 Committee on Temporary Entry of Business Persons 7
  • Article   10.8 Cooperation 7
  • Article   10.9 Definitions 7
  • Annex 10  SCHEDULE OF SPECIFIC COMMITMENTS ON TEMPORARY ENTRY OF BUSINESS PERSONS 7
  • Section   A China’s Commitments 7
  • Section   B Nicaragua’s Commitments 7
  • Chapter   11 INVESTMENT 7
  • Section   A Investment 7
  • Article   11.1 Scope and Coverage 7
  • Article   11.2 National Treatment (25) 7
  • Article   11.3 Most-Favored-Nation Treatment 7
  • Article   11.4 Minimum Standard of Treatment (26) 7
  • Article   11.5 Compensation for Losses 7
  • Article   11.6 Expropriation and Compensation (27) 7
  • Article   11.7 Transfers (28) 7
  • Article   11.8 Performance Requirements 7
  • Article   11.9 Senior Management and Boards of Directors 8
  • Article   11.10 Non-Conforming Measures 8
  • Article   11.11 Special Formalities and Information Requirements 8
  • Article   11.12 Subrogation 8
  • Article   11.13 Denial of Benefits 8
  • Article   11.4 Disclosure of Information 8
  • Article   11.5 Financial Services 8
  • Article   11.16 Taxation 8
  • Section   B Investor-State Dispute Settlement 8
  • Article   11.17 Consultations 8
  • Article   11.18 Submission of a Claim to Arbitration 8
  • Article   11.19 Consent of Each Party to Arbitration 8
  • Article   11.20 Conditions and Limitations on Consent of Each Party 8
  • Article   11.21 Constitution of the Tribunal 8
  • Article   11.22 Conduct of the Arbitration 8
  • Article   11.23 Governing Law 8
  • Article   11.24 Discontinuance 9
  • Article   11.25 Awards 9
  • Article   11.26 Expert Reports 9
  • Article   11.27 Service of Documents 9
  • Article   11.28 Definitions 9
  • Annex 11-A  CUSTOMARY INTERNATIONAL LAW 9
  • Annex 11-B  EXPROPRIATION 9
  • Annex 11-C  TEMPORARY SAFEGUARD MEASURES 9
  • Annex 11-D  SERVICE OF DOCUMENTS ON A PARTY 9
  • Chapter   12 DIGITAL ECONOMY 9
  • Article   12.1 General Provisions 9
  • Article   12.2 Domestic Electronic Transactions Framework 9
  • Article   12.3 Electronic Signatures 9
  • Article   12.4 Online Consumer Protection 9
  • Article   12.5 Online Personal Data Protection 9
  • Article   12.6 Paperless Trading 9
  • Article   12.7 Medium, Small and Micro Enterprises 9
  • Article   12.8 Cooperation on Digital Economy 9
  • Article   12.9 Non-Application of Dispute Settlement 10
  • Article   12.10 Definitions 10
  • Chapter   13 COMPETITION POLICIES 10
  • Article   13.1 Objectives and Principles 10
  • Article   13.2 Competition Laws and Authorities 10
  • Article   13.3 Implementation of Competition Laws 10
  • Article   13.4 Transparency 10
  • Article   13.5 Cooperation In Law Enforcement 10
  • Article   13.6 Information Exchange and Confidentiality (48) 10
  • Article   13.7 Technical Cooperation 10
  • Article   13.8 Consultations 10
  • Article   13.9 Non-Application of Dispute Settlement 10
  • Article   13.10 Definitions 10
  • Chapter   14 INTELLECTUAL PROPERTY 10
  • Article   14.1 Purposes and Principles 10
  • Article   14.2 Scope of Intellectual Property 10
  • Article   14.3 Obligations Are Minimum Obligations 10
  • Article   14.4 International Agreements 10
  • Article   14.5 Intellectual Property and Public Health 10
  • Article   14.6 Exhaustion 10
  • Article   14.7 Procedures on Acquisition and Maintenance 10
  • Article   14.8 Patentable Subject Matter 10
  • Article   14.9 Amendments, Corrections and Observations on Patent Applications 10
  • Article   14.10 Transparency 10
  • Article   14.11 Types of Signs as Trademarks 10
  • Article   14.12 Well-Known Trademarks 10
  • Article   14.13 Geographical Indications 10
  • Article   14.14 Plant Breeders’ Rights 10
  • Article   14.15 Copyrights 10
  • Article   14.16 Collective Management of Copyright 10
  • Article   14.17 Genetic Resources, Traditional Knowledge and Folklore 10
  • Article   14.18 Enforcement 10
  • Article   14.19 Ex Officio Compliance at the Border 10
  • Article   14.20 Cooperation-General 10
  • Chapter   15 ENVIRONMENT AND TRADE 10
  • Article   15.1 Context 10
  • Article   15.2 Objectives 10
  • Article   15.3 Scope 10
  • Article   15.4 Levels of Protection 10
  • Article   15.5 Enforcement of Environmental Laws and Regulations 11
  • Article   15.6 Multilateral Environmental Agreements 11
  • Article   15.7 Review of Environmental Impact 11
  • Article   15.8 Cooperation 11
  • Article   15.9 Institutional Arrangements 11
  • Article   15.10 Non-Application of Dispute Settlement 11
  • Chapter   16 SMALL AND MEDIUM ENTERPRISES 11
  • Article   16.1 Objectives 11
  • Article   16.2 Information Sharing 11
  • Article   16.3 Cooperation 11
  • Article   16.4 Contact Points 11
  • Article   16.5 Non-Application of Dispute Settlement 11
  • Chapter   17 TRANSPARENCY 11
  • Article   17.1 Publication 11
  • Article   17.2 ^Notification and Provision of Information 11
  • Article   17.3 Incorporation 11
  • Article   17.4 Definitions 11
  • Chapter   18 ECONOMIC COOPERATION 11
  • Section   A General Provisions 11
  • Article   18.1 Objectives 11
  • Article   18.2 Methods and Means 11
  • Article   18.3 Scope 11
  • Article   18.4 Non-Application of Dispute Settlement 11
  • Section   B Areas of Cooperation 11
  • Article   18.5 Agricultural Cooperation 11
  • Article   18.6 Other Areas of Cooperation 11
  • Article   18.7 Cooperation In the Law-Based Internet Governance 11
  • Chapter   19 GENERAL PROVISIONS AND EXCEPTIONS 11
  • Article   19.1 Disclosure and Confidentiality of Information 11
  • Article   19.2 General Exceptions 11
  • Article   19.3 Security Exceptions 11
  • Article   19.4 Taxation 11
  • Article   19.5 Review of Agreement 11
  • Article   19.6 Measures to Safeguard the Balance-of-Payments 11
  • Chapter   20 INSTITUTIONAL PROVISIONS 11
  • Article   20.1 FTA Joint Commission 11
  • Article   20.2 Rules of Procedure of the FTA Joint Commission 12
  • Article   20.3 Free Trade Agreement Coordinators 12
  • Article   20.4 Contact Point 12
  • Chapter   21 DISPUTE SETTLEMENT 12
  • Article   21.1 Cooperation 12
  • Article   21.2 Scope of Application (52) 12
  • Article   21.3 Choice of Forum 12
  • Article   21.4 Consultations 12
  • Article   21.5 Good Offices, Conciliation and Mediation 12
  • Article   21.6 Establishment of an Arbitral Tribunal 12
  • Article   21.7 Composition of an Arbitral Tribunal 12
  • Article   21.8 Functions of Arbitral Tribunal 12
  • Article   21.9 Rules of Procedure of an Arbitral Tribunal 12
  • Article   21.10 Suspension or Termination of Proceedings 12
  • Article   21.11 Report of the Arbitral Tribunal 12
  • Article   21.12 Implementation of Arbitral Tribunal’s Final Report 12
  • Article   21.13 Reasonable Period of Time 12
  • Article   21.14 Compliance Review 12
  • Article   21.15 Suspension of Concessions or other Obligations 12
  • Article   21.16 Post Suspension 12
  • Article   21.117 Private Rights 12
  • Annex 21  RULES OF PROCEDURE OF ARBITRAL TRIBUNAL 12
  • Chapter   22 FINAL PROVISIONS 12
  • Article   22.1 Annexes 12
  • Article   22.2 Entry Into Force 12
  • Article   22.3 Amendments 12
  • Article   22.4 Termination 13
  • Article   22.5 Relation to the Early Harvest Arrangement 13
  • Article   22.6 Authentic Texts 13
  • Annex I  Cross-Border Trade in Services and Investment Non-Conforming Measures 13
  • Annex I  SCHEDULE OF CHINA 13
  • Annex I  SCHEDULE OF NICARAGUA 16
  • Annex II  SCHEDULE OF CHINA 20
  • Appendix A  22
  • Annex II  SCHEDULE OF NICARAGUA 22
  • Annex III  SCHEDULE OF CHINA 23
  • Section   A 23
  • Section   B 24
  • Annex III  SCHEDULE OF NICARAGUA 25
  • Section   A 25
  • Section   B 25