Ports Law, Chapters IV and VI
Description: Investment
Investors of the other Party or their investments may only participate, directly or indirectly, up to a maximum of 49 percent in Mexican companies engaged in providing port pilotage services to vessels for inland navigation operations.
40. Sector: Transportation
Subsector: Water Transportation
Industrial Classification: CMAP 712011 Deep Sea Shipping Service CMAP 712012 Cabotage Maritime Transportation Service CMAP 712013 Offshore and Coastal Towing Service CMAP 712021Service from Transportation River and Dams CMAP 712022 Port Transportation Services
Reserved Obligations: National Treatment (Articles 10.4 and 11.3) Most-favored-nation treatment (Articles 10.5 and 11.4)
Level of Government: Federal
Measures: Maritime Navigation and Commerce Act, Title III, Chapter I.
Foreign Investment Law, Title I, Chapter III Federal Law of Economic Competition, Chapter IV
Description: Cross Border Trade in Services and Investment
The operation or exploitation of vessels in deep-sea navigation, including transportation and international maritime towing, is open to shipowners and vessels of all countries, when there is reciprocity under the terms of international treaties. The Ministry of Communications and Transportation (SCT), prior opinion of the Federal Competition Commission (CFC), may reserve, in whole or in part, certain international deep-sea cargo transportation services, so that they may only be performed by Mexican shipping companies, with Mexican vessels or vessels reputed as such, when the principles of free competition are not respected and the national economy is affected.
The operation and exploitation of inland navigation vessels is reserved to Mexican shipowners with Mexican vessels. When there are no suitable and available Mexican vessels, or the public interest so requires, the SCT may grant to Mexican shipowners, temporary navigation permits to operate and exploit with foreign vessels, or in case there are no interested Mexican shipowners, it may grant these permits to foreign shipping companies.
The operation and exploitation of vessels in coastal navigation may be carried out by Mexican or foreign shipowners, with Mexican or foreign vessels. In the case of foreign shipping companies or vessels, a permit will be required from the SCT, after verifying the existence of reciprocity and equivalence conditions with the country where the vessel i s registered and with the country where the shipping company has its registered office and its real and effective place of business.
The operation and exploitation in inland navigation and cabotage of tourist cruise ships, as well as dredges and naval artifacts for the construction, conservation and operation of ports, may be carried out by Mexican or foreign shipowners, with Mexican or foreign vessels or naval artifacts.
The SCT, with the prior opinion of the CFC, may resolve that, totally or partially, certain cabotage traffic may only be carried out by Mexican shipowners with Mexican vessels or vessels reputed as such, when the principles of competition are not respected and the national economy is affected.
Investors of the other Party or their investments may only participate, directly or indirectly, up to a maximum of 49 percent in the capital of a Mexican shipping company established or to be established in the territory of Mexico, engaged in the commercial operation of vessels for inland navigation and cabotage, except for tourist cruises and the operation of dredges and naval artifacts for the construction, conservation and operation of ports.
A favorable resolution of the National Foreign Investment Commission is required for the investors of the other Party or their investments to participate, directly or indirectly, in a percentage greater than 49 percent in the companies established or to be established in the territory of Mexico dedicated to the exploitation of vessels in deep-sea traffic.
41. Subsector: Pipelines Other Than Those Carrying Energy
Industrial Classification:
Reserved Obligations: National Treatment (Article 10.4) Local Presence (Article 10.7)
Level of Government: Federal
Measures: Political Constitution of the United Mexican States, Article 32
General Roads and Highways Law, Book I, Chapters I, II and III.
National Water Law, Title I, Sole Chapter, and Title IV, Chapter II.
Description: Cross Border Trade in Services
A concession granted by the Ministry of Communications and Transportation (SCT) is required to build and operate, or only operate, pipelines that transport goods other than energy or basic petrochemical products. Only Mexican nationals and Mexican companies may obtain such concession.
42. Sector: Transportation
Sub-sector: Specialized Personnel
Industrial Classification: CMAP 951023 Other Professional, Technical and Specialized Services not mentioned above (limited to captains; pilots; skippers; machinists; mechanics; airfield commanders; port captains; harbor pilots; personnel manning any vessel or aircraft flying a Mexican flag or merchant flag or insignia)
Reserved Obligations: National treatment (Article 10.4)
Level of Government: Federal
Measures: Political Constitution of the United Mexican States, Article 32.
Description: Cross Border Trade in Services
Only Mexicans by birth may be:
a) captains, pilots, skippers, machinists, mechanics and crew of vessels or aircraft flying the Mexican flag; and
b) port captains, port pilots and airfield commanders.
43. Sector: Transportation
Subsector: Rail Transportation
Industry Classification: CMAP 711101 Rail Transportation Services
Reserved Obligations: National treatment (Articles 10.4 and 11.3) Local presence (Article 10.7)
Level of Government: Federal
Measures: Foreign Investment Law, Title I, Chapter III.
Railroad Service Regulatory Law, Chapter I and Chapter II, Section III.
Rail Service Regulations, Title I, Chapters I, II and III, Title II, Chapters I and IV, and Title III, Chapter I, Sections I and II.
Description: Cross Border Trade in Services and Investment
A favorable resolution of the National Foreign Investment Commission (CNIE) is required for investors of the other Party or their investments to participate, directly or indirectly, in a percentage greater than 49 percent in companies established or to be established in the territory of Mexico dedicated to the construction, operation and exploitation of railroads that are considered general communication routes, or to the provision of public railroad transportation services.
In making its decision, the CNIE must consider that national and technological development is favored, and that the sovereign integrity of the nation is safeguarded.
A concession granted by the Ministry of Communications and Transportation (SCT) is required to build, operate and exploit railroad transportation services and provide public railroad transportation services. Only Mexican companies may obtain such concession.
A permit granted by the SCT is required to provide auxiliary services; construct accesses, crossings and marginal facilities on the right-of-way of the tracks.
The following are permitted: the installation of billboards and advertising signs on the right-of-way; and the construction and operation of bridges over railroad tracks. Only Mexican nationals and Mexican companies may obtain such permits.
44. Sector: Transportation
Subsector: Land Transportation
Industrial Classification: CMAP 973101 Administration Service for Passenger Trucking Stations and Auxiliary Services (limited to truck terminals and bus and truck stations).
Reserved Obligations: National Treatment (Article 10.4) Local Presence (Article 10.7) Most-Favored-Nation Treatment (Article 11.4)
Level of Government: Federal
Measures: Federal Roads, Bridges and Motor Carriers Law, Title I, Chapter III.
Regulations for the Use of the Right-of-Way of Federal Highways and Surrounding Areas, Chapters II and IV.
Federal Motor Carrier and Auxiliary Services Regulations, Chapter I.
Description: Cross Border Trade in Services and Investment
A permit granted by the Secretaría de Comunicaciones y Transportes ( SCT) is required to establish or operate a bus or truck station or terminal. Only Mexican nationals and Mexican companies may obtain such permit.
45. Sector: Transportation
Subsector: Ground Transportation
Industrial Classification: CMAP 973102 Servicio de Administración de Caminos, Puentes y Servicios Auxiliares (Roads, Bridges and Auxiliary Services Administration Service
Reserved Obligations: National Treatment (Article 10.4) Local Presence (Article 10.7)
Level of Government: Federal
Measures: Political Constitution of the United Mexican States, Article 32.
Law of Roads, Bridges Chapter III. and Federal Trucking, Title I,
Description: Cross Border Trade in Services
A concession granted by the Ministry of Communications and Transportation (SCT) is required to provide road and bridge administration services and auxiliary services. Only Mexican nationals and Mexican companies may obtain such concession.
46.Sector: Transportation
Subsector: Land Transportation
Industrial Classification: CMAP 711201Construction Materials Motor Transport Service CMAP 711202 Moving Motor Transport Service CMAP 711203 Other Specialized Freight Motor Transport ServicesCMAP 711204 General Freight Motor Transport Service CMAP 711311 Foreign Passenger Bus Transportation Service CMAP 711318 School and Tourist Transportation Service (limited to tourist transportation services) CMAP 720002 Courier Services
Reserved Obligations: National Treatment (Articles 10.4 and 11.3) Most favored nation treatment (Article 10.5) Local presence (Article 10.7)
Level of Government: Federal
Measures: Foreign Investment Law, Title I, Chapter II.
Law of Roads, Bridges and Federal Transportation, Title I, Chapter I and III.
Federal Motor Carrier and Auxiliary Services Regulations, Chapter I.
As qualified by the element Description
Description: Cross Border Trade in Services and Investment
Investors of the other Party or their investments may not acquire, directly or indirectly, any interest in the capital of companies established or to be established in the territory of Mexico that provide domestic cargo transportation
in the territory of Mexico, except for parcel and courier services.
A permit issued by the Ministry of Communications and Transportation (SCT) is required to provide passenger transportation services, tourist transportation services or cargo transportation services to or from the territory of Mexico. Only Mexican nationals and Mexican companies may obtain such permit.
A permit issued by the SCT is required to provide intercity passenger transportation services, tourist transportation services or international cargo transportation services between points within the territory of Mexico. Only Mexican nationals and Mexican companies may obtain such permit.
Only Mexican nationals and Mexican companies with a foreigner exclusion clause, using equipment registered in Mexico that has been built in Mexico or legally imported, and with drivers who are Mexican nationals, may provide domestic cargo services between points in the territory of Mexico.
A permit issued by the SCT is required to provide parcel and courier services. Only Mexican nationals and Mexican companies may obtain such permit.
47.Sector: Transportation
Subsector: Rail Transportation Services
Industrial Classification: CMAP 711101Rail Transport Service (limited to railway crew)
Reserved Obligations: National treatment (Article 10.4)
Level of Government: Federal
Measures: Federal Labor Law, Title VI, Chapter V.
Description: Cross Border Trade in Services
Railroad crew members must be Mexican nationals.
48.Sector: Transportation
Subsector: Land Transportation
Industrial Classification: CMAP 711312 Urban and Suburban Passenger Bus Transportation Service CMAP 711315 Automobile Transportation Service for Ruleteo CMAP 711316 Fixed-Route Motor Car Transportation ServiceCMAP 711317 On-Site Automobile Transportation Service CMAP 711318 School and Tourist Transportation Service (limited to school transportation service)
Reserved Obligations: National Treatment (Articles 10.4 and 11.3)
Level of Government: Federal
Measures: Foreign Investment Law, Title I, Chapter II.
General Roads and Highways Law, Book I, Chapters I and II.
Law of Roads, Bridges and Federal Trucking, Title I, Chapter III.
Federal Motor Carrier and Auxiliary Services Regulations, Chapter I.
Description: Cross Border Trade in Services and Investment
Only Mexican nationals and Mexican companies with a foreigner exclusion clause may provide urban and suburban passenger transportation services by bus, school bus, cab, roulette and other collective transportation services.
49. Sector: Communications
Subsector: Entertainment Services (Cinemas)
Industrial Classification: CMAP 941103 Private Film Showings
Reserved Obligations: National Treatment (Articles 10.4 and 11.3) Most-favored-nation treatment (Articles 10.5 and 11.4) Performance requirements (Article 11.7)
Level of Government: Federal
Measures: Federal Film Law, Chapter III
Regulations of the Federal Cinematography Law, Chapter V.
Description: Cross Border Trade in Services and Investment
Exhibitors shall reserve ten percent of the total exhibition time for the projection of national films.
Annex I. Schedule of Peru
1. Sector: All Sectors
Subsector:
Reserved Obligations: National treatment (Article 11.3)
Industrial Classification:
Level of Government: National
Measures: Political Constitution of Peru (1993), Article 71.
Legislative Decree No. 757, Official Gazette "El Peruano" of November 13, 1991, Framework Law for the Growth of Private Investment, Article 13.
Description: Investment
Within fifty kilometers of the frontiers, foreigners may not acquire or possess by any title whatsoever, mines, lands, forests, waters, fuels or energy sources, directly or indirectly, individually or in partnership, under penalty of forfeiting, for the benefit of the State, the right thus acquired. An exception is made in the case of public necessity expressly declared by supreme decree approved by the Council of Ministers, in accordance with the law.
For each case of acquisition or possession in the aforementioned area, the investor must submit the corresponding request to the competent Ministry in accordance with the legal regulations in force.
2. Sector: Fisheries and Fisheries-Related Services
Subsector:
Industrial Classification:
Obligations Reserved: National treatment (Article 10.4)
Level of Government: National
Measures: Supreme Decree No. 012-2001-PE, Official Gazette "El Peruano" of March 14, 2001, Regulations of the General Fisheries Law, Articles 67, 68, 69 and 70.
Description: Cross Border Trade in Services
The owners of foreign-flagged fishing vessels, prior to the start of their operations, shall submit a joint and several, irrevocable, unconditional and automatic performance bond, valid for no more than 30 calendar days after the date of completion of the fishing permit, issued in favor of and to the satisfaction of the Ministry of Production, by a banking, financial or insurance institution, duly recognized by the Superintendence of Banking and Insurance. Said letter shall be issued for a value equivalent to 25 percent of the amount due for payment of fishing rights.
Owners of foreign-flagged fishing vessels, other than those of larger scale, operating in Peruvian jurisdictional waters are required to have the Satellite Tracking System on their vessels, unless a Ministerial Resolution exempts owners of highly migratory fisheries from this obligation.
Foreign-flagged fishing vessels with a fishing permit must carry on board a scientific technical observer designated by the Instituto del Mar del Perú (IMARPE). The shipowners, in addition to providing accommodation on board for said representative, must pay an allowance per day of boarding, which will be deposited in a special account to be administered by IMARPE.
Owners of foreign-flagged fishing vessels operating in Peruvian jurisdictional waters must hire a minimum of 30 percent Peruvian crew members, subject to applicable national legislation.
3. Sector: Broadcasting Services
Subsector: Industrial Classification: