(a) Article 3 (National Treatment);
(b) Article 4 (Most-Favored-Nation Treatment);
(c) Article 8 (Performance Requirements); or
(d) Article 9 (Senior Management and Boards of Directors).
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 article(s) referred to in paragraph 1 that, pursuant to Article 14.2, do not apply to the sectors, subsectors, or activities scheduled 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 14.2, the articles of this Treaty specified in the ObligationsConcerned element of an entry do not apply to the sectors, subsectors, and activities identified in the Description element of that entry.
Annex II. Schedule of Rwanda
Sector: All Sectors
Obligations Concerned: National Treatment (Article 4)
Performance Requirements (Article 8)
Senior Management and Boards of Directors (Article 9)
Description: Rwanda reserves the right to adopt or maintain any measure that accords rights or preferences to socially or economically disadvantaged communities among the people of Rwanda.
Sector: All Sectors
Obligations Concerned: Most-Favored-Nation Treatment (Article 4)
Description: Rwanda 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 Treaty.
Rwanda 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 Treaty involving:
(a) Aviation;
(b) Fisheries; and
(c) Telecommunications.
Annex II. Schedule of the United States
Sector: Communications
Obligations Concerned: Most-Favored-Nation Treatment (Article 4)
Description: The United States reserves the right to adopt or maintain any measure that accords differential treatment to persons of other countries due to application of reciprocity measures or through international agreements involving sharing of the radio spectrum, guaranteeing market access, or national treatment with respect to the one-way satellite transmission of direct-to-home (DTH) and direct broadcasting satellite (DBS) television services and digital audio services.
Sector: Communications – Cable Television
Obligations Concerned: National Treatment (Article 3)
Most-Favored-Nation Treatment (Article 4)
Senior Management and Boards of Directors (Article 9)
Description: The United States reserves the right to adopt or maintain any measure that accords equivalent treatment to persons of any country that limits ownership by persons of the United States in an enterprise engaged in the operation of a cable television system in that country.
Sector: Social Services
Obligations Concerned: National Treatment (Article 3)
Most-Favored-Nation Treatment (Article 4)
Performance Requirements (Article 8)
Senior Management and Boards of Directors (Article 9)
Description: The United States reserves the right to adopt or maintain any measure with respect to the provision of law enforcement and correctional services, and the following services to the extent they are social services established or maintained for a public purpose: income security or insurance, social security or insurance, social welfare, public education, public training, health, and child care.
Sector: Minority Affairs
Obligations Concerned: National Treatment (Article 3)
Performance Requirements (Article 8)
Senior Management and Boards of Directors (Article 9)
Description: The United States reserves the right to adopt or maintain any measure according rights or preferences to socially or economically disadvantaged minorities, including corporations organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act.
Existing Measures: Alaska Native Claims Settlement Act, 43 U.S.C. §§ 1601 etseq.
Sector: Transportation
Obligations Concerned: National Treatment (Article 3)
Most-Favored-Nation Treatment (Article 4)
Performance Requirements (Article 8)
Senior Management and Boards of Directors (Article 9)
Description: The United States reserves the right to adopt or maintain any measure relating to the provision of maritime transportation services and the operation of U.S.-flagged vessels, including the following:
(a) Requirements for investment in, ownership and control of, and operation of vessels and other marine structures, including drill rigs, in maritime cabotage services, including maritime cabotage services performed in the domestic offshore trades, the coastwise trades, U.S. territorial waters, waters above the continental shelf, and in the inland waterways;
(b) Requirements for investment in, ownership and control of, and operation of U.S.-flagged vessels in foreign trades;
(c) Requirements for investment in, ownership or control of, and operation of vessels engaged in fishing and related activities in U.S. territorial waters and the Exclusive Economic Zone;
(d) Requirements related to documenting a vessel under the U.S. flag;
(e) Promotional programs, including tax benefits, available for shipowners, operators, and vessels meeting certain requirements;
(f) Certification, licensing, and citizenship requirements for crew members on U.S.-flagged vessels;
(g) Manning requirements for U.S.-flagged vessels;
(h) All matters under the jurisdiction of the Federal Maritime Commission;
(i) Negotiation and implementation of bilateral and other international maritime agreements and understandings;
(j) Limitations on longshore work performed by crew members;
(k) Tonnage duties and light money assessments for entering U.S. waters; and
(l) Certification, licensing, and citizenship requirements for pilots performing pilotage services in U.S. territorial waters.
The following activities are not included in this reservation. However, the treatment in (b) is conditional upon obtaining comparable market access in these sectors from Rwanda:
(a) Vessel construction and repair; and
(b) Landside aspects of port activities, including operation and maintenance of docks; loading and unloading of vessels directly to or from land; marine cargo handling; operation and maintenance of piers; ship cleaning; stevedoring; transfer of cargo between vessels and trucks, trains, pipelines, and wharves; waterfront terminal operations; boat cleaning; canal operation; dismantling of vessels; operation of marine railways for drydocking; marine surveyors, except cargo; marine wrecking of vessels for scrap; and ship classification societies.
Existing Measures: Merchant Marine Act of 1920, §§ 19 and 27, now codified at 46 U.S.C. §§ 12101, 12120, 12132, 42101-42109, 55102, 55105-55108, 55110, 55115-55117, and 55119
Jones Act Waiver Statute, 64 Stat 1120, 46 U.S.C. App., note preceding Section 1
Shipping Act of 1916, 46 U.S.C. §§ 50501, 56101, and 57109
Merchant Marine Act of 1936, 46 U.S.C. App. §§ 1151 etseq., 1171 etseq., and 46 U.S.C. §§ 50111, 53301-53312, 53701-53717, 53721-53725, 53731-53735, 55304, 55305, 57101, 57104, and 57301-57308
Merchant Ship Sales Act of 1946, 50 U.S.C. App. § 1738
46 U.S.C. §§ 55109, 55111, 55118, 60301, 60302, 60304-60306, 60312, and 80104
46 U.S.C. §§ 12101 etseq. and 31301 etseq.
46 U.S.C. §§ 8904 and 31328(2)
Passenger Vessel Act, 46 U.S.C. § 55103
42 U.S.C. §§ 9601 etseq.; 33 U.S.C. §§ 2701 etseq.; 33 U.S.C. §§ 1251 etseq.
46 U.S.C. §§ 3301 etseq., 3701 etseq., 8103, and 12107(b)
Shipping Act of 1984, 46 U.S.C. §§ 40701-40706, 41107-41109
The Foreign Shipping Practices Act of 1988, 46 U.S.C. §§ 42301 etseq.
Merchant Marine Act, 1920, 46 U.S.C. §§ 50101 etseq.
Shipping Act of 1984, 46 U.S.C. §§ 40101 etseq.
Alaska North Slope, 104 Pub. L. 58; 109 Stat. 557
Longshore restrictions and reciprocity, 8 U.S.C. §§ 1101 etseq.
Vessel escort provisions, Section 1119 of Pub. L. 106-554, as amended
Nicholson Act, 46 U.S.C. § 55114
Commercial Fishing Industry Vessel Anti-Reflagging Act of1987, 46 U.S.C. § 2101 and 46 U.S.C. § 12108
43 U.S.C. § 1841
22 U.S.C. § 1980
Intercoastal Shipping Act, 46 U.S.C. App. § 843
46 U.S.C. § 9302, 46 U.S.C. § 8502; Agreement Governing the Operation of Pilotage on the Great Lakes, Exchange of Notes at Ottawa, August 23, 1978, and March 29,1979, TIAS 9445
Magnuson Fishery Conservation and Management Act, 16 U.S.C. §§ 1801 etseq.
19 U.S.C. § 1466
North Pacific Anadramous Stocks Convention Act of 1972, Pub. L. 102-587; Oceans Act of 1992, Title VII
Tuna Convention Act, 16 U.S.C. §§ 951 etseq.
South Pacific Tuna Act of 1988, 16 U.S.C. §§ 973 etseq.
Northern Pacific Halibut Act of 1982, 16 U.S.C. §§ 773 etseq.
Atlantic Tunas Convention Act, 16 U.S.C. §§ 971 etseq.
Antarctic Marine Living Resources Convention Act of 1984, 16 U.S.C. §§243 l etseq.
Pacific Salmon Treaty Act of 1985, 16 U.S.C. §§ 3631 etseq.
American Fisheries Act, 46 U.S.C. § 12102(c) and 46 U.S.C. § 31322(a)
Sector: All
Obligations Concerned: Most-Favored-Nation Treatment (Article 4)
Description: The United States 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 Treaty.
The United States 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 Treaty involving:
(a) Aviation;
(b) Fisheries;
(c) Maritime matters, including salvage; or
(d) Telecommunications.
Annex III. Explanatory Notes
1.(a) The Schedule of a Party to this Annex sets out, pursuant to Article 14 (Non-Conforming Measures), the Party's existing measures that are not subject to some or all of the obligations imposed by:
(i) Article 3 (National Treatment);
(ii) Article 4 (Most-Favored-Nation Treatment);
(iii) Article 8 (Performance Requirements); or
(iv) Article 9 (Senior Management and Boards of Directors).
(b) The Schedule of the United States to this Annex sets out headnotes that limit or clarify the commitments of the United States with respect to the articles described in subparagraph (a)(i) through (iv).
2. Each Schedule entry sets out the following elements:
(a) Sector refers to the general sector for which the entry is made;
(b) Subsector refers to the specific sector for which the entry is made;
(c) Obligations Concerned specifies the article(s) referred to in paragraph 1 that, pursuant to Article 14.1(a), do not apply to the non-conforming aspects of the law, regulation, or other measure, as set out in paragraph 3;
(d) Level of Government indicates the level of government maintaining the scheduled measure(s);
(e) Measures identifies the laws, regulations, or other measures for which the entry is made. A measure cited in the Measures element:
(i) Means the measure as amended, continued, or renewed as of the date of entry into force of this Treaty, and
(ii) Includes any subordinate measure adopted or maintained under the authority of and consistent with the measure; and
(f) Description provides a general, nonbinding description of the measure for which the entry is made.
3. In accordance with Article 14.1(a), and subject to Article 14.1(c), the articles of this Treaty specified in the Obligations Concerned element of an entry do not apply to the nonconforming aspects of a law, regulation, or other measure identified in the Measures element of that entry.
Annex III. Schedule of Rwanda
Sector: Insurance
Obligations Concerned: National Treatment (Article 3)
Level of Government: Central
Measures: Law No. 18/1982 of 25/05/1982 pertaining to conditions of operating insurance companies, Article 2
Description: Insurance companies operating in Rwanda must have at least 30% shares owned by nationals of Rwanda.
Phase Out: This Annex III entry shall cease to have effect on the earlier of: (i) the date that Rwanda enacts an insurance law that eliminates the non-conforming aspects of the measure as set forth above;(1) or (ii) September 1, 2009.
Annex III. Schedule of the United States
Headnotes
1. Commitments in these subsectors under the Treaty are undertaken subject to the limitations and conditions set forth in these headnotes and in the Schedule below.
2. National treatment commitments in these subsectors are subject to the following limitations:
(a) National treatment with respect to banking will be provided based upon the foreign bank's "home state" in the United States, as that term is defined under the International Banking Act, where that Act is applicable. A domestic bank subsidiary of a foreign firm will have its own "home state," and national treatment will be provided based upon the subsidiary's home state, as determined under applicable law.(1)
(b) National treatment with respect to insurance financial institutions will be provided according to a non-U.S. insurance financial institution's state of domicile, where applicable, in the United States. State of domicile is defined by individual states, and is generally the state in which an insurer either is incorporated, is organized, or maintains its principal office in the United States.
Sector: Financial Services
Subsector: Banking and Other Financial Services (Excluding Insurance)
Obligations Concerned: Senior Management and Boards of Directors (Article 9)
Level of Government: Central
12 U.S.C. § 72
Description: All directors of a national bank must be U.S. citizens, except that the Comptroller of the Currency may waive the citizenship requirement for not more than a minority of the total number of directors.
Sector: Financial Services
Subsector: Banking and Other Financial Services (Excluding Insurance)
Obligations Concerned: National Treatment (Article 3)
Level of Government: Central
12 U.S.C. § 619