EXPLANATORY NOTE
1. The Schedule of Korea to this Annex sets out, pursuant to Articles 9.13 (NonConforming Measures) and 10.6 (Non-Conforming Measures), Korea’s existing measures that are not subject to some or all of the obligations imposed by:
(a) Article 9.3 (National Treatment) or 10.2 (National Treatment);
(b) Article 9.4 (Most-Favored-Nation Treatment) or 10.3 (Most-FavoredNation Treatment);
(c) Article 10.4 (Market Access);
(d) Article 10.5 (Local Presence);
(e) Article 9.9 (Performance Requirements); or
(f) Article 9.10 (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) Obligation Concerned specifies the obligation(s) referred to in paragraph 1 that, pursuant to Articles 9.13.1(a) (Non-Conforming Measures) and 10.6.1(a) (Non-Conforming Measures), shall not apply to the nonconforming aspects of the law, regulation, or other measures, as set out in paragraph 3;
(c) Measures (1) 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 Agreement; and
(ii) includes any subordinate measure adopted or maintained under the authority of and consistent with the measure; and
(d) Description sets out commitments, if any, for liberalization on the date of entry into force of this Agreement, and the remaining non-conforming aspects of the measure for which the entry is made.
3. In the interpretation of a Schedule entry, all elements of the entry shall be considered. An entry shall be interpreted in light of the relevant Articles of the Chapters against which the entry is made. To the extent that:
(a) the Measures element is qualified by a liberalization commitment from the Description element, the Measures element as so qualified shall prevail over all other elements; and
(b) the Measures element is not so qualified, the Measures element shall prevail over all other elements, unless any discrepancy between the Measures element and the other elements considered in their totality is so substantial and material that it would be unreasonable to conclude that the Measures element should prevail, in which case the other elements shall prevail to the extent of that discrepancy.
4. In accordance with Articles 9.13.1(a) (Non-Conforming Measures) and 10.6.1(a) (Non-Conforming Measures) and subject to Articles 9.13.1(c) and 10.6.1(c), the Articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the non-conforming aspects of the law, regulation, or other measure identified in the Measures element of that entry.
5. Where Korea maintains a measure that requires that a service provider be a citizen, permanent resident, or resident of its territory as a condition to the provision of a service in its territory, a Schedule entry for that measure taken with respect to Article 10.2 (National Treatment), 10.3 (Most-Favored-Nation Treatment), or 10.5 (Local Presence) shall operate as a Schedule entry with respect to Article 9.3 (National Treatment), 9.4 (Most-Favored-Nation Treatment), or 9.9 (Performance Requirements) to the extent of that measure.
6. A “foreign person” means a foreign national or an enterprise organized under the laws of another country.
7. For greater certainty, Articles 10.2 (National Treatment) and 10.5 (Local Presence) are separate disciplines and a measure that is only inconsistent with Article 10.5 (Local Presence) need not be reserved against Article 10.2 (National Treatment).
Annex I SCHEDULE OF COSTA RICA
EXPLANATORY NOTE
1. The Schedule of Costa Rica to this Annex sets out, pursuant to Articles 9.13 (Non-Conforming Measures) and 10.6 (Non-Conforming Measures), Costa Rica´s existing measures that are not subject to some or all of the obligations imposed by:
(a) Articles 9.3 (National Treatment) or 10.2 (National Treatment);
(b) Articles 9.4 (Most-Favored-Nation Treatment) or 10.3 (Most-FavoredNation Treatment);
(c) Article 10.5 (Local Presence);
(d) Article 9.9 (Performance Requirements);
(e) Article 9.10 (Senior Management and Boards of Directors); or
(f) Article 10.4 (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 9.13 (Non-Conforming Measures) and 10.6 (Non-Conforming Measures), do not apply to the listed measure(s) pursuant to paragraph 3;
(c) Level of Government indicates the level of government maintaining the listed measure(s);
(d) 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 Agreement, and
(ii) includes any subordinate measure adopted or maintained under the authority of and consistent with the measure; and
(e) Description sets out commitments, if any, for liberalization on the date of entry into force of the Agreement, and the remaining non-conforming aspects of the existing measures for which the entry is made.
3. In the interpretation of a Schedule entry, all elements of the entry shall be considered. An entry shall be interpreted in light of the relevant provisions of the Chapters against which the entry is made. To the extent that:
(a) the Measures element is qualified by a liberalization commitment from the Description element, the Measures element as so qualified shall prevail over all other elements; and
(b) the Measures element is not so qualified, the Measures element shall prevail over all other elements, unless any discrepancy between the Measures element and the other elements considered in their totality is so substantial and material that it would be unreasonable to conclude that the Measures element should prevail, in which case the other elements shall prevail to the extent of that discrepancy.
4. In accordance with Articles 9.13 (Non-Conforming Measures) and 10.6 (NonConforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the law, regulation, or other measure identified in the Measures element of that entry.
5. Where Costa Rica maintains a measure that requires that a service provider be a citizen, permanent resident, or resident of its territory as a condition to the provision of a service in its territory, a Schedule entry for that measure taken with respect to Article 10.2 (National Treatment), 10.3 (Most-Favored-Nation Treatment), or 10.5 (Local Presence) shall operate as a Schedule entry with respect to Article 9.3 (National Treatment), 9.4 (Most-Favored-Nation Treatment), or 9.9 (Performance Requirements) to the extent of that measure.
6. For greater certainty, Article 10.4 (Market Access) refers to non-discriminatory measures.
7. The listing of a measure in this Annex is without prejudice to a future claim that Annex II may apply to the measure or some application of the measure.
8. The extraction of natural resources (including mining and hydrocarbons), electricity generation, refining of crude oil and its derivatives, hunting, forestry, logging, and fishing shall not be considered as services for the purposes of this Agreement.
Annex I SCHEDULE OF EL SALVADOR
EXPLANATORY NOTE
1. The Schedule of El Salvador to this Annex sets out, pursuant to Articles 9.13 (NonConforming Measures) and 10.6 (Non-Conforming Measures), El Salvador’s existing measures that are not subject to some or all of the obligations imposed by:
(a) Articles 9.3 (National Treatment) or 10.2 (National Treatment);
(b) Articles 9.4 (Most-Favored-Nation Treatment) or 10.3 (Most-Favored-Nation Treatment);
(c) Article 10.5 (Local Presence);
(d) Article 9.9 (Performance Requirements);
(e) Article 9.10 (Senior Management and Boards of Directors); or
(f) Article 10.4 (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 9.13 (Non-Conforming Measures) and 10.6 (NonConforming Measures), do not apply to the listed measure(s);
(c) Level of Government indicates the level of government maintaining the listed measure(s);
(d) 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 Agreement, and
(ii) includes any subordinate measure adopted or maintained under the authority of and consistent with the measure; and
(e) Description sets out commitments, if any, for liberalization on the date of entry into force of the Agreement, and the remaining non-conforming aspects of the existing measures for which the entry is made.
3. In the interpretation of a Schedule entry, all elements of the entry shall be considered. An entry shall be interpreted in light of the relevant provisions of the Chapters against which the entry is made. To the extent that:
(a) the Measures element is qualified by a liberalization commitment from the Description element, the Measures element as so qualified shall prevail over all other elements; and
(b) the Measures element is not so qualified, the Measures element shall prevail over all other elements, unless any discrepancy between the Measures element and the other elements considered in their totality is so substantial and material that it would be unreasonable to conclude that the Measures element should prevail, in which case the other elements shall prevail to the extent of that discrepancy.
4. In accordance with Article 9.13 (Non-Conforming Measures) and 10.6 (NonConforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the law, regulation, or other measure identified in the Measures element of that entry.
5. Where a Party maintains a measure that requires that a service provider be a citizen, permanent resident, or resident of its territory as a condition to the provision of a service in its territory, a Schedule entry for that measure taken with respect to Article 10.2 (National Treatment), 10.3 (Most-Favored-Nation Treatment), or 10.5 (Local Presence) shall operate as a Schedule entry with respect to Article 9.3 (National Treatment), 9.4 (Most-FavoredNation Treatment), or 9.9 (Performance Requirements) to the extent of that measure.
6. For greater certainty, Article 10.4 (Market Access) refers to non-discriminatory measures
Annex I SCHEDULE OF HONDURAS
EXPLANATORY NOTE
1. The Schedule of Honduras to this Annex sets out, pursuant to Articles 9.13 (NonConforming Measures) and 10.6 (Non-Conforming Measures), Honduras’ existing measures that are not subject to some or all of the obligations imposed by:
(a) Article 9.3 (National Treatment) or 10.2 (National Treatment);
(b) Article 9.4 (Most-Favored-Nation Treatment) or 10.3 (Most-Favored-Nation Treatment);
(c) Article 10.4 (Market Access);
(d) Article 10.5 (Local Presence);
(e) Article 9.9 (Performance Requirements); or
(f) Article 9.10 (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) Obligation Concerned, specifies the obligation(s) referred to in paragraph 1 that, pursuant to Articles 9.13.1(a) (Non-Conforming Measures) and 10.6.1(a) (Non-Conforming Measures) does not apply to the non-conforming aspects of the law, regulation, or other measures, as set out in paragraph 3;
(c) 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 Agreement, and
(ii) includes any subordinate measure adopted or maintained under the authority of and consistent with the measure; and
(d) Description sets out commitments, if any, for liberalization on the date of entry into force of the Agreement, and the remaining non-conforming aspects of the existing measures for which the entry is made.
3. In the interpretation of a Schedule entry, all elements of the entry shall be considered. An entry shall be interpreted in light of the relevant provisions of the Chapters against which the entry is made. To the extent that:
(a) the Measures element is qualified by a liberalization commitment from the Description element, the Measures element as so qualified shall prevail over all other elements; and
(b) the Measures element is not so qualified, the Measures element shall prevail over all other elements, unless any discrepancy between the Measures element and the other elements considered in their totality is so substantial and material that it would be unreasonable to conclude that the Measures element should prevail, in which case the other elements shall prevail to the extent of that discrepancy.
4. In accordance with Articles 9.13.1 (a) (Non-Conforming Measures) and 10. 6.1(a) (Non-Conforming Measures) and subject to Articles 9.13.1(c) and 10.6.1(c), the Articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the non-conforming aspects of the law, regulation, or other measure identified in the Measures element of that entry.
5. Where Honduras maintains a measure that requires that a service provider be a citizen, permanent resident, or resident of its territory as a condition to the provision of a service in its territory, a Schedule entry for that measure taken with respect to Article 10.2 (National Treatment), 10.3 (Most-Favored-Nation Treatment), or 10.5 (Local Presence) shall operate as a Schedule entry with respect to Article 9.3 (National Treatment), 9.4 (Most-FavoredNation Treatment), or 9.9 (Performance Requirements) to the extent of that measure.
Annex I SCHEDULE OF NICARAGUA
EXPLANATORY NOTES
1. The Schedule of Nicaragua to this Annex sets out, pursuant to Articles 9.13 (NonConforming Measures) and 10.6 (Non-Conforming Measures), Nicaragua’s existing measures that are not subject to some or all of the obligations imposed by:
(a) Articles 9.3 (National Treatment) or 10.2 (National Treatment);
(b) Articles 9.4 (Most-Favored-Nation Treatment) or 10.3 (Most-Favored-Nation Treatment);
(c) Article 10.5 (Local Presence);
(d) Article 9.9 (Performance Requirements);
(e) Article 9.10 (Senior Management and Boards of Directors); or
(f) Article 10.4 (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 9.13 (Non-Conforming Measures) and 10.6 (NonConforming Measures), do not apply to the listed measure(s);
(c) Level of Government indicates the level of government maintaining the listed measure(s);
(d) Measures identify 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 Agreement, and
(ii) includes any subordinate measure adopted or maintained under the authority of and consistent with the measure; and
(e) Description sets out commitments, if any, for liberalization on the date of entry into force of the Agreement, and the remaining non-conforming aspects of the existing measures for which the entry is made.
3. In the interpretation of a Schedule entry, all elements of the entry shall be considered. An entry shall be interpreted in light of the relevant provisions of the Chapters against which the entry is made. To the extent that:
(a) the Measures element is qualified by a liberalization commitment from the Description element, the Measures element as so qualified shall prevail over all other elements; and
(b) the Measures element is not so qualified, the Measures element shall prevail over all other elements, unless any discrepancy between the Measures element and the other elements considered in their totality is so substantial and material that it would be unreasonable to conclude that the Measures element should prevail, in which case the other elements shall prevail to the extent of that discrepancy.
4. In accordance with Article 9.13 (Non-Conforming Measures) and 10.6 (Non-Conforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an entry shall not apply to the law, regulation, or other measure identified in the Measures element of that entry.
5. Where a Party maintains a measure that requires that a service provider be a citizen as a condition to the provision of a service in its territory, a Schedule entry for that measure taken with respect to Article 10.2 (National Treatment), 10.3 (Most-Favored-Nation Treatment), or 10.5 (Local Presence) shall operate as a Schedule entry with respect to Article 9.3 (National Treatment), 9.4 (Most-Favored-Nation Treatment), or 9.9 (Performance Requirements) to the extent of that measure.
6. For greater certainty, Article 10.4 (Market Access) refers to non-discriminatory measures.
Annex I SCHEDULE OF PANAMA
EXPLANATORY NOTES
1. The Schedule of Panama to this Annex sets out, pursuant to Articles 9.13 (NonConforming Measures) and 10.6 (Non-Conforming Measures), Panama's existing measures that are not subject to some or all of the obligations imposed by:
(a) Article 9.3 (National Treatment) or 10.2 (National Treatment);
(b) Article 9.4 (Most-Favored-Nation Treatment) or 10.3 (Most-Favored-Nation Treatment);
(c) Article 10.5 (Local Presence);
(d) Article 9.9 (Performance Requirements);
(e) Article 9.10 (Senior Management and Boards of Directors); or
(f) Article 10.4 (Market Access).
2. Each reservation sets out the following elements:
(a) Sector refers to the sector for which the entry is made;
(b) Sub-Sector refers to the specific sector in which the entry is made;
(c) Obligations Concerned specifies the obligations referred to in paragraph 1 that, pursuant Articles 9.13 (Non-Conforming Measures) and 10.6 (NonConforming Measures), do not apply to the non-conforming aspects of the law, regulation, or other measure;
(d) Measure identifies a law, regulation or other measure for which the entry is made. A measure cited in the Measure element:
i. means the measure as amended, continued or renewed as of the date of entry into force of this Agreement, and
ii. includes a subordinate measure adopted or maintained under the authority of and consistent with the measure; and
(e) Description provides an overview of the measures.
3. In the interpretation of a Schedule entry, all elements of the entry shall be considered. An entry shall be interpreted in light of the relevant articles of the Chapters against which the entry is made. To the extent that:
(a) the Measures element is qualified by a liberalization commitment from the Description element, the Measures element as so qualified shall prevail over all other elements; and
(b) the Measures element is not so qualified, the Measures element shall prevail over all other elements, unless any discrepancy between the Measures element and the other elements considered in their totality is so substantial and material that it would be unreasonable to conclude that the Measures element should prevail, in which case the other elements shall prevail to the extent of that discrepancy.
4. In accordance with Articles 9.13 (Non-Conforming Measures) and 10.6 (NonConforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an entry, do not apply to law, regulation or other measure identified in the Measures element of that entry.
5. Where Panama maintains a measure that requires a service provider be a citizen, permanent resident or resident of its territory as a condition to the provision of a service in its territory, a reservation for that measure taken with respect to Article 10.2 (National Treatment), 10.3 (Most-Favored-Nation) or 10.5 (Local Presence) operates as a reservation with respect to Article 9.3 (National Treatment), 9.4 (Most-Favored-Nation) or 9.9 (Performance Requirements) to the extent of that measure.
6. For the purposes of this Agreement, Panama understands that: fishing and related activities in Panamanian jurisdictional waters shall not be considered service and therefore need not be listed in Annexes I and II with respect to the obligations of Chapter 10 (Cross-Border Trade in Services).
Annex II: Non-Conforming Measures of Services and Investment
Annex II SCHEDULE OF KOREA
EXPLANATORY NOTE
1. The Schedule of Korea to this Annex sets out, pursuant to Articles 9.13 (NonConforming Measures) and 10.6 (Non-Conforming Measures), the specific sectors, subsectors, or activities for which Korea may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:
(a) Article 9.3 (National Treatment) or 10.2 (National Treatment);
(b) Article 9.4 (Most-Favored-Nation Treatment) or 10.3 (Most-FavoredNation Treatment);
(c) Article 10.4 (Market Access);
(d) Article 10.5 (Local Presence);
(e) Article 9.9 (Performance Requirements); or
(f) Article 9.10 (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;