Sector: Services Provided to Businesses
Subsector: Professional Services: Agricultural Engineers
Industrial Classification: CPC 86729. Other engineering services
Type of Reservation: Most favored nation treatment (Article 10-03) National treatment (Article 10-04). Local presence (Article 10-05)
Level of Government: National
Description: Cross Border Services
Honduras reserves the right to adopt or maintain any measure that applies to the mandatory professional registration of agronomists.
Measures in force:
Sector: Environmental Related Services
Subsector: Sewerage services, Drinking water supply, ornamental, sanitation and municipal hygiene. Fight against pollution of the marine environment
Industrial Classification: CPC 94. sewage and waste disposal, sewerage and waste services. sanitation and similar (except 94050) CPC 18000. Natural water
Type of Reservation: Most favored nation treatment (Article 10-03) National treatment (Article 10-04). Local Presence (Article 10-05)
Level of Government: National
Description: Cross Border Services Honduras reserves the right to adopt or maintain any applicable measure on:
a) Sewerage Services, the National Aqueduct and Sewerage Service (SANAA) Is responsible for the promotion and development of public drinking water supplies and sanitary and storm sewers throughout the country.
Municipalities are responsible for the construction of aqueducts, maintenance and administration of drinking water, sanitary and storm sewage systems.
b) Collection, treatment and disposal of solid and organic waste. The municipalities are responsible for municipal cleanliness, cleanliness and hygiene.
It is the responsibility of the municipalities, in consultation with the Secretary of State in the Office of Public Health or other technical agencies, to adopt a system for the collection, treatment and final disposal of solid and organic waste, including the possibilities of reuse or recycling.
The provision of municipal public services may be contracted with the corresponding municipalities.
c) Marine pollution control: The service of marine pollution control will be provided by the General Directorate of the Merchant Marine with the collaboration of the other agencies of the Executive Branch, particularly the Secretariats of State in the Office of Natural Resources and Environment, the Naval Force and the Port Authority.
Measures in force: Law of Municipalities, Decree No. 134-90, Article 13, numerals. 3,4 and15
Annex II . Schedule of Mexico
Sector: All sectors
Subsector:
Industrial Classification:
Type of Reservation: National Treatment (Article 10-04)
Level of Government: Federal
Description: Cross-border services
Mexico reserves the right to adopt or maintain any measure restricting the acquisition, sale, or other disposition of bonds, treasury securities or any other class of debt instruments issued by federal, state or local governments.
Measures in force:
Sector: Communications
Subsector: Telecommunications and postal services
Industrial Classification: CMAP 720001. Postal services (limited to mailing of first class) CMAP 720005. Telegraph and radiotelegraph services.
Type of Reservation: National Treatment (Article 10-04)
Level of Government: Federal
Description: Cross-border services
Only the Mexican State may provide postal, telegraphic, and radiotelegraphic services.
Measures in force: Political Constitution of the United Mexican States, Article 28. Mexican Postal Service Law, Official Gazette, December 24, 1986, Title I, Chapter lIl. Federal Telecommunications Law, Official Gazette, June 7, 1995, Chapter I.
Sector: Communications
Subsector: Telecommunications services and networks
Industrial Classification: CMAP 720006. Other telecommunications services (limited to maritime telecommunication services)
Type of Reservation: Most favored nation treatment (Article 10-03) National treatment (Article 10-04). Local presence (Article 10-05)
Level of Government: Federal
Description: Cross-border services
Mexico reserves the right to adopt or maintain any measure with respect to the supply of maritime telecommunication services.
Measures in force:
Sector: Communications
Subsector: Telecommunications
Industrial Classification: CMAP 720006. Other telecommunications services (limited to mobile and fixed services for aeronautical services)
Type of Reservation: National treatment (Article 10-04) Local presence (Article 10-05).
Level of Government: Federal
Description: Cross-border services
Mexico reserves the right to adopt or maintain any measure with respect to the provision of air traffic control services, aeronautical meteorology, aeronautical telecommunications services, dispatch and flight control and other telecommunications services related to air navigation services.
Measures in force: Political Constitution of the United Mexican States, Article 32. Airports Law, Official Gazette, December 22, 1995, Chapter I! General Communications Law, Official Gazette, June 7, 1940 Federal Telecommunications Law, Official Gazette, June 7, 1995 Foreign Investment Law, Official Gazette, December 27, 1993, Title I, Chapter Il. Decree that Creates the Decentralized Organization of "Services to Navigation in the Mexican Airspace" (SENEAM), Official Gazette, October 3, 1978.
Sector: Energy
Subsector: Petroleum and other hydrocarbons Basic petrochemicals Electricity. Nuclear energy. Treatment of radioactive minerals
Type of Reservation: Most favored nation treatment (Article 10-03) National treatment (Article 10-04). Local presence (Article 10-05)
Level of Government: Federal
Description: Cross-border services
Mexico reserves the right to adopt or maintain any measure relating to services associated with energy and basic petrochemical goods.
Measures in force: Political Constitution of the United Mexican States, Articles 27 and 28. Regulatory Law of Article 27 of the Constitution on Nuclear Matters, Official Gazette, February 4, 1985. Ley Reglamentaria del Artfculo 27 Constitucional en el Ramo del Petróleo y sus Reglamentos, Diario Oficial, July 16, 1992. Ley Orgánica de Petróleos Mexicanos y Organismos Subsidiarios, Official Gazette, July 16, 1992.
Annex III
1. The activities set forth in Section A are reserved to the Parties and private capital investment is prohibited under the laws of the Parties. If a Party permits the participation of private investment in such activities through service contracts, concessions, loans or any other type of contractual acts, such participation shall not be construed as affecting the Party's reservation in those activities.
2. If the legislation of the Parties is amended to permit private capital investment in the activities set out in Section A, the Parties may impose restrictions on the participation of foreign investment notwithstanding Article 14-04 (National Treatment) by indicating them in Annex | (Existing Nonconforming Measures and Liberalization Commitments). The Parties may also impose exceptions to Article 14-04 with respect to the participation of foreign investment in the case of the sale of assets or equity participation in an enterprise engaged in the activities set forth in Section A, and shall indicate them in Annex I.
3. The measures referred to are included for transparency purposes and include any measures subordinated to, adopted or maintained under the authority of and consistent with such measures.
Section A. Economic Activities Reserved to Each Party
Annex III. Schedule of El Salvador
El Salvador reserves the exclusive right to perform and refuse to authorize the establishment of investments in the following activities:
1. Currency issuance
a) Description of activities:
The power to issue monetary species corresponds exclusively to the Salvadoran State, which may exercise it directly or through a public issuing institute.
b) Measures:
Constitution of the Republic, Article 1117
2. Postal Services
a) Description of activities:
The supreme direction of the postal service corresponds to the executive branch.
b) Measures:
Postal Regulations, Article 1
Annex III. Schedule of Guatemala
Guatemala reserves the exclusive right to perform and to refuse to authorize the establishment of of investments in the following activity:
1. Currency issuance
a) Description of activities:
It is the exclusive power of the State to issue and regulate the currency, as well as to formulate and carry out policies that tend to create and maintain favorable exchange and credit conditions for the orderly development of the national economy.
b) Measures:
Political Constitution of the Republic of Guatemala, Article 132
Annex III. Schedule of Honduras
Honduras reserves the exclusive right to perform and refuse to authorize the establishment of investments in the following activities:
1. Electric Power:
a) Description of activities:
Electric power transmission: operation of the transmission system and dispatch center.
b) Measures:
Framework Law of the Electricity Sub-Sector, Decree No. 158-94, Chapter V, Article 15.
2. Weapons Industry:
a) Description of activities:
Explosives, firearms and cartridges; manufacture, import, distribution and sale of arms, ammunition and similar items. Weapons, ammunition and similar articles shall be understood as the following:
- ammunition;
- war planes,
- military rifles,
- pistols and revolvers of all kinds, 41 caliber or larger;
- regulation pistols of the Honduran Army;
- silencers for all kinds of firearms;
- firearms;
- accessories and ammunition;
- cartridges for firearms;
- equipment and other accessories essential for cartridge loading;
- gunpowder, explosives, percussion caps and fuses;
- protective masks against asphyxiating gases;
- wind shotguns.
b) Measures: Constitution of the Republic, Title V, Chapter X, Article 292. Investment Law, Decree No. 80-92, Chapter VI, Article 16.
3. Communications Services:
a) Description of activities:
Postal services: HONDUCOR Is exclusively responsible for the operation of the postal service at the national and international level, via surface, sea and air.
Regulatory powers are exercised by the State, through HONDUCOR.
b) Measures:
Regulatory Regulations for the Provision of Courier Services by Private Companies, Articles 2 and 3
4. Environmental Related Services:
a) Description of activities:
i) Sewerage services, the National Aqueduct and Sewerage Service (SANAA) Is responsible for the promotion and development of public drinking water supplies and sanitary and storm sewers throughout the country.
Municipalities are responsible for the construction of aqueducts, maintenance and administration of drinking water, sanitary and storm sewage systems.
ii) The municipalities are responsible for the collection, treatment and disposal of solid and organic waste, as well as municipal hygiene and cleanliness.
It is the responsibility of the municipalities, in consultation with the Secretary of State in the Office of Public Health or other technical agencies, to adopt a system for the collection, treatment and final disposal of solid and organic waste, including the possibilities of reuse or recycling.
The provision of municipal public services may be contracted with the corresponding municipalities.
iii) Marine pollution control: the marine pollution control service will be provided by the General Directorate of the Merchant Marine with the collaboration of the other agencies of the Executive Branch, in particular the Secretariats of State in the Office of Natural Resources and Environment, the Naval Force and the Port Authority.
b) Measures:
Law of Municipalities, Decree No. 134-90, Articles 13, numeral 4) numeral 3) and 15). Regulation of the Investment Law, Agreement No. 345-92 Article No. 50. General Environmental Law, Decree No. 104-93, Article 67. Organic Law of the National Merchant Marine, Decree 167-94, Article No.100.
5. Recreational, Cultural and Sports Services:
a) Description of activities:
Lotteries: The Patronato Nacional de la Infancia (PANI) is responsible for the administration of the National Lottery (Loteria Mayor and Loteria Menor) and other non-traditional lotteries that may be created or authorized by PANI in the future.
b) Measures:
Decree No. 438 published on April 23, 1977.
6. Operation of Airport Services:
a) Description of activities:
The State is responsible for the control and provision of auxiliary air navigation services.
b) Measures: Civil Aeronautics Law, Decree No. 146, Chapter VIII, Article No. 60.
7. Currency Issuance:
a) Description of activities: Monetary issuance is the exclusive power of the State, which shall exercise it through the Central Bank of Honduras.
b) Measures:
Constitution of the Republic, Decree No. 131, Chapter Il, Article 342. Central Bank of Honduras Law, Article 26 amended by Decree No. 228-96 Monetary Law, Decree No. 51, Article 5.
Annex III. Schedule of Mexico
Mexico reserves the exclusive right to carry out and refuse to authorize the establishment of of investments in the following activities:
1. Petroleum, Other Hydrocarbons and Basic Petrochemicals
a) Description of activities:
i) exploration and exploitation of crude oil and natural gas; refining or processing of crude oil and natural gas; and the production of artificial gas, basic petrochemicals and their inputs and pipelines; and
ii) transportation, storage and distribution, up to and including the first-hand sale of the following goods: crude oil; artificial gas; energy goods and basic petrochemicals obtained from the refining or processing of crude oil; and basic petrochemicals.
iii) foreign trade, up to and including the first-hand sale of the following goods: crude oil, artificial gas, energy goods and basic petrochemicals obtained from the refining or processing of crude oil.