(a) the company must have its corporate domicile in Panama, unless an international agreement stipulates otherwise; and
(b) persons employed by the company who are responsible for supplying the services must be qualified to perform such services in Panama.
25. Sector: Telecommunications Services
Type of reservation: Market Access (Article 15.4)
Measures: Law No. 17 of July 9, 1991. Law No. 5 of February 9, 1995. Law No. 31 of February 8, 1996. Executive Decree No. 73 of April 9, 1997 Executive Decree No. 21 of 1996. JD-025 Regulation of December 12, 1996 JD-080 Regulation of April 10, 1997 Concession Contract No. 30-A of February 5, 1997. 1996 between the State and BSC (Bell South Panama, S.A.) Concession Contract No. 309 of October 24, 1997 between the State and Cable Wireless Panama, S.A. Executive Decree No. 58 of May 12, 2008 Concession Contract No. 10-2008 of May 27, 2008. of 2008 between the State and Digicel Panama, S.A. Concession Contract No. 11-2008 of May 27, 2008 between the State and Claro Panama, S.A.
Description: Cross Border Trade in Services
Cellular mobile telephone services will be provided exclusively by four operators that have received the concession from the State.
26. Sector: Telecommunications Services
Type of Reservation: Local Presence (Article 15.5)
Measures: Law No. 31 of February 8, 1996. Executive Decree No. 73 of April 9, 1997
Description: Cross Border Trade in Services
A telecommunication service provided directly to users in Panama may only be supplied by a person domiciled in Panama.
27. Sector: Commercial Services; Nightclubs, Bars, Pubs and Canteens.
Type of Reservation: Market Access (Article 15.4)
Measures: Law No. 5 of January 11, 2007. Executive Decree No. 26 of July 12, 2007
Description: Cross Border Trade in Services
1. No bar operating license shall be granted in any district in Panama when the number of bars existing in such district exceeds the ratio of one per one thousand inhabitants, according to the last official population census.
2. The limitation of the preceding paragraph also applies to establishments such as restaurants, cafeterias, barbecues, food service in hotels, tourist lodging establishments, when they come to have the sale of liquor as their main activity.
28. Sector: Community, Social and Personal Services
Type of Reservation: Market Access (Article 15.4) Measures: Article 297 of the 1972 Constitution
Description: Cross Border Trade in Services
Only the Panamanian State may operate games of chance or other gambling activities in Panama.
29. Sector:Communications Services
Type of Reservation: Market Access (Article 15.4)
Measures: Article 301 of the Fiscal Code of the Republic of Panama Approved Through Law No. 8 of January 27, 1956, as Amended by Law No. 20 of August 11, 1994.
Description: Cross Border Trade in Services
Only the Government of Panama may operate postal services in Panama.
30. Sector: Ports and Airports
Type of Reservation: Market Access (Article 15.4) Local Presence (Article 15.5)
Measures: Decree Law No. 7 of February 10, 1998 Law No. 23 of Jamary 29, 2003.
Description: Cross Border Trade in Services
The Executive Branch of the Government of Panama has discretion to determine the number of concessions for national ports and airports and may require the concessionaire to appoint a representative in Panama.
Annex II. EXPLANATORY NOTE
1. A Party's Schedule indicates the reservations taken by that Party, in accordance with Articles 14.8 (Nonconforming Measures) and 15.6 (Nonconforming Measures), with respect to sectors, subsectors, or activities for which it may maintain existing measures or adopt new or more restrictive measures that are inconsistent with the obligations imposed by:
(a) Articles 14.3 (National Treatment) or 15.2 (National Treatment);
(b) Articles 14.4 (Most-Favored-Nation Treatment) or 15.3 (Most-FavoredNation Treatment);
(c) Article 14.6 (Performance Requirements);
(d) Article 14.7 (Senior Executives and Boards of Directors);
(e) Article 15.4 (Market Access); or
(f) Article 15.5 (Local Presence).
2. Each tab of the List establishes the following elements:
(a) Sector refers to the sector for which the record has been made;
(b) Type of Reservation specifies the item(s) referred to in paragraph 1 that, by virtue of Articles 14.8 (Nonconforming Measures) and 15.6 (Nonconforming Measures), do not apply to the sectors, subsectors or activities listed in the schedule; and
(c) Description indicates the coverage of the sectors, subsectors or activities covered by the form;
3. Pursuant to Article 14.8 (Nonconforming Measures) and 15.6 (Nonconforming Measures), the Articles of this Agreement specified in the Type of Reservation element of a schedule do not apply to the sectors, subsectors and activities identified in the Description element of that schedule.
4. In the interpretation of a reservation all its elements will be considered. The Description element shall prevail over the other elements.
Annex II. COLOMBIA
1. Sector: Some Sectors.
Type of Reservation: Market Access (Article 15.4)
Description: Cross Border Trade in Services
Colombia reserves the right to adopt or maintain any measure that imposes limitations on:
(a) (a) investigation and security services;
(b) (b) research and development services;
(c) (c) the establishment of exclusive service areas for services related to the distribution of energy and fuel gas in order to guarantee the provision of universal service;
(d) (d) distribution services - wholesale and retail commercial services in sectors in which the Government establishes a monopoly, in accordance with Article 336 of the Political Constitution of Colombia, with revenues dedicated for public or social service. As of the date of signature of this Agreement, Colombia has established monopolies only with respect to liquor and gambling;
(e) (e) The requirement of a specific type of legal entity form for primary and secondary education services, and the requirement of a specific type of legal entity form for higher education services;
(f) (f) services related to the environment that are established or maintained for reasons of public interest;
(g) (g) health and social services and health-related professional services;
(h) (h) library, archives and museum services;
(i) (i) sports and other recreational services;
(j) (j) the number of concessions and the total number of operations for road passenger transport services, rail passenger and freight transport services, pipeline transport services, ancillary services in connection with all modes of transport and other transport services.
For greater certainty, no measure shall be inconsistent with Colombia's obligations under Article XVI of the GATS.
2. Sector: All sectors
Type of Reservation: National Treatment (Article 14.3)
Description: Investment
Colombia reserves the right to adopt or maintain measures related to the ownership of real estate by foreigners in the border regions, national coasts or insular territory of Colombia.
For the purposes of this entry:
(a) border region means an area two kilometers wide, parallel to the national boundary line;
(b) national coastline is an area two kilometers wide, parallel to the line of the highest tide; and
(c) insular territory means the islands, islets, cays, keys, morros and banks that are part of the territory of Colombia.
3. Sector: All Sectors
Type of Reservation: Most-Favored-Nation Treatment (Articles 14.4 and 15.3).
Description: Investment and Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure that grants different 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.
Colombia reserves the right to adopt or maintain any measure that grants different treatment to countries under any bilateral or multilateral international agreement in force entered into after the date of entry into force of this Agreement with respect to:
a) aviation;
b) fishing;
c) maritime affairs, including salvage.
4. Sector: Social Services
Type of Reservation: National Treatment (Article 14.3 and 15.2). Most-Favored-Nation Treatment (Articles 14.4 and 15.3) Performance Requirements (Article 14.6) Senior Executives and Boards of Directors (Article 14.7) Market Access (Article 15.4) Local Presence (Article 15.5)
Description: Investment and Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure with respect to the application and enforcement of laws and the provision of correctional services, and of the following services to the extent that they are social services that are established or maintained in the public interest: social rehabilitation, income insurance or security, social security services, social welfare, public education and training, health and child care.
For greater certainty, the comprehensive social security system in Colombia is currently comprised of the following mandatory systems: the General Pension System, the General Social Security Health System, the General Professional Risks System and the Unemployment and Unemployment Assistance System.
5. Sector: Minority and Ethnic Group Affairs
Type of Reservation: National Treatment (Article 14.3 and 15.2). Most-Favored-Nation Treatment (Articles 14.4 and 15.3) Performance Requirements (Article 14.6) Senior Executives and Boards of Directors (Article 14.7) Market Access (Article 15.4) Local Presence (Article 15.5)
Description: Investment and Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure that grants rights or preferences to socially or economically disadvantaged minorities and their ethnic groups, including with respect to communal lands owned by ethnic groups in accordance with Article 63 of the Political Constitution of Colombia. The ethnic groups in Colombia are: the indigenous and ROM (gypsy) peoples, the Afro-Colombian communities and the Raizal community of the Archipelago of San Andrés, Providencia and Santa Catalina.
6. Sector: Cultural Industries and Activities
Type of Reservation: National Treatment (Articles 14.3 and 15.2). Most-Favored-Nation Treatment (Articles 14.4 and 15.3)
Description: Investment and Cross-Border Trade in Services
For the purposes of this entry, the term "cultural industries and activities" means:
(a) publication, distribution, or sale of books, magazines, periodicals, or electronic or printed newspapers, excluding the printing or typesetting of any of the foregoing;
(b) production, distribution, sale or exhibition of film or video recordings;
(c) production, distribution, sale or exhibition of musical recordings in audio or video format;
(d) production and presentation of performing arts;
(e) production or exhibition of visual arts;
(f) production, distribution or sale of printed music, or machine-readable music;
(g) design, production, distribution and sale of handicrafts;
(h) broadcasting to the general public, as well as all radio, television and activities related to cable television, satellite television and broadcasting networks; or
(i) in the advertising sector, aspects related to the creation and design of advertising content.
Colombia reserves the right to adopt or maintain any measure granting preferential treatment to persons from any other country by means of any treaty between Colombia and such country, which contains specific commitments regarding cultural cooperation or co-production, with respect to cultural industries and activities.
For greater certainty, Articles 14.3 (National Treatment) and 14.4 (Most-Favored-Nation Treatment) and Chapter 15 (Cross-Border Trade in Services) do not apply to "government support " (1) for the promotion of cultural industries and activities.
Colombia may adopt or maintain any measure that grants to a person of the other Party treatment equivalent to that granted by that other Party to Colombian persons in the audiovisual, musical or publishing sectors.
7. Sector: Jewelry design. Performing arts. Music. Visual arts. Audiovisuals Publishing
Type of Reservation: Performance Requirements (Article 14.6) National Treatment (Article 15.2)
Description: Investment and Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure conditioning the receipt or continued receipt of government support (2) for the development and production of jewelry design, performing arts, music, visual arts, audiovisual and publishing on the recipient achieving a given level or percentage of domestic creative content.
8. Sector: Craft Industries
Type of Reservation: Performance Requirements (Article 14.6) National Treatment (Article 15.2)
Description: Investment and Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure related to the design, distribution, retail sale or exhibition of handicrafts identified as Colombian handicrafts. For greater certainty, performance requirements should in all cases be consistent with the WTO Agreement on Trade-Related Investment Measures.
9. Sector: Audiovisual Advertising
Type of Reservation: Performance Requirements (Article 14.6) National Treatment (Article 15.2)
Description: Investment and Cross-Border Trade in Services
Cinematographic works
(a) Colombia reserves the right to adopt or maintain any measure requiring that a specified percentage (not to exceed fifteen percent (15%) of the total number of cinematographic works shown annually in movie theaters or exhibition halls in Colombia consist of Colombian cinematographic works. In order to establish such percentages, Colombia shall take into account the conditions of national film production, the existing exhibition infrastructure in the country and the attendance averages.
Cinematographic works on free-to-air television
(b) Colombia reserves the right to adopt or maintain any measure requiring that a specified percentage (not to exceed ten percent (10%) of the total number of cinematographic works shown annually on free television channels consist of Colombian cinematographic works. In order to establish such percentage, Colombia shall take into account the availability of national cinematographic works for free television. Such works shall count as part of the domestic content requirements that apply to the channel as described in paragraph 5 of tab 20 (Open Television) of Annex I.
Community television (3)
(c) Colombia reserves the right to adopt or maintain any measure requiring that a specific portion of the weekly television programming be broadcast in a specific time period (not to exceed fifty-six (56) hours per week) consists of national programming produced by the community television operator.
Multichannel commercial free-to-air television
(d) Colombia reserves the right to impose the minimum programming requirements listed in the Open Television entry on page 24 and 25, paragraph 5 of Annex I, on multichannel commercial open television, except that these requirements may not be imposed on more than two channels or twenty-five percent (25%) of the total number of channels (whichever is greater) made available by the same provider.
Advertising
(e) Colombia reserves the right to adopt or maintain any measure requiring that a specified percentage (not to exceed twenty percent (20%) of the total advertising orders contracted annually with media services companies established in Colombia, other than newspapers, journals and subscription services headquartered outside Colombia, be produced and created in Colombia. Any such measures shall not apply to:
(i) advertising of movie premieres in theaters or exhibition halls; and
(ii) any media where the programming or content originates outside Colombia or to the rebroadcasting or retransmission of such programming within Colombia.
10. Sector: Traditional Expressions
Type of Reservation: National Treatment (Articles 14.3 and 15.2).
Description: Investment and Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure that grants rights or preferences to local communities with respect to the support and development of expressions related to the intangible cultural heritage declared under Resolution No. 0168 of 2005.
11. Sector: Interactive Audio and/or Video Services
Type of Reservation: Performance Requirements (Article 14.6) National Treatment (Article 14.3)