Measures: Federal Labor Law (Ley Federal del Trabajo), Chapter I
Description: Cross-Border Trade in Services
Only Mexican nationals licensed as doctors in the territory of Mexico may supply in-house medical services in Mexican enterprises.
24. Sector: Professional, Technical and Specialised Services
Sub-Sector: Specialised personnel
Industry Classification: CMAP 951012 Services of Customs and Representative Agencies
Obligations Concerned: National Treatment (Article 8.5 and Article 9.3)
Level of Government: Central
Measures: Customs Law (Ley Aduanera), Title II, Chapters I and III, and Title VII, Chapter I
Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter II
Description: Investment and Cross-Border Trade in Services
Only a Mexican national by birth may be a customs broker.
Only customs brokers acting as consignees or legal representatives (mandatarios) of an importer or exporter, as well as customs broker’s assignees, may carry out the formalities related to the customs clearance of the goods of such importer or exporter.
Investors of another Party or their investments may not participate, directly or indirectly, in a customs broker’s agency.
25. Sector: Professional, Technical and Specialised Services
Sub-Sector: Specialised services (Commercial Notary Public)
Industry Classification:
Obligations Concerned: National Treatment (Article 8.5 and Article 9.3) Local Presence (Article 9.5)
Level of Government: Central
Measures: Commercial Notary Public Federal Law (Ley Federal de Correduría Pública), Articles 7, 8, 12 and 15
Regulations to the Commercial Notary Public Federal Law (Reglamento de la Ley Federal de Correduría Pública), Chapter I, and Chapter II, Sections I and II
Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter II
Description: Investment and Cross-Border Trade in Services
Only a Mexican national by birth may be licensed to be a commercial notary public (corredor público).
A commercial notary public may not have a business affiliation with any person for the supply of commercial notary public services.
A commercial notary public shall establish an office in the place where he has been authorised to practise.
Only Mexican nationals and Mexican enterprises with foreigners’ exclusion clause may obtain such a licence. Foreign investment may not participate in commercial notary public activities and companies, directly or through trusts, agreements, social pacts or statutory, pyramiding schemes, or other mechanism that gives them some control or participation.
26. Sector: Professional, Technical and Specialised Services
Sub-Sector: Professional services
Industry Classification: CMAP 951002 Legal Services (including foreign legal consultancy)
Obligations Concerned: National Treatment (Article 8.5 and Article 9.3) Most-Favoured-Nation Treatment (Article 8.6 and Article 9.4)
Level of Government: Central
Measures:
Regulatory Law of the Constitutional Article 5th relating to the Practice of the Professions in the Federal District (Ley Reglamentaria del Artículo 5º Constitucional, relativo al Ejercicio de las Profesiones en el Distrito Federal), Chapter III, Section III, and Chapter V
Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III
Description: Investment and Cross-Border Trade in Services
Favourable resolution from the National Commission on Foreign Investment (Comisión Nacional de Inversiones Extranjeras, CNIE) is required for investors of another Party or their investments to own, directly or indirectly, more than 49 per cent of the ownership interest in an enterprise established or to be established in the territory of Mexico that provides legal services.
In the absence of an international treaty on the matter, the professional practice by foreigners will be subject to reciprocity in the place of residence of the applicant and to compliance with the rest of the requirements established in the Mexican laws and regulations.
Except as provided for in this entry, only lawyers licensed in Mexico may have an ownership interest in a law firm established in the territory of Mexico.
Lawyers licensed to practise in another Party will be permitted to form a partnership with lawyers licensed in Mexico.
The number of lawyers licensed to practise in another Party serving as partners in a firm in Mexico may not exceed the number of lawyers licensed in Mexico serving as partners of that firm. Lawyers licensed to practise in another Party may practise and provide legal consultations on Mexican law, whenever they comply with the requirements to practise as a lawyer in Mexico.
A law firm established by a partnership of lawyers licensed to practise in another Party and lawyers licensed to practise in Mexico may hire lawyers licensed in Mexico as employees.
For greater certainty, this entry does not apply to the supply, on a temporary fly-in, fly-out basis or through the use of web based or telecommunications technology, of legal advisory services in foreign law and international law and, in relation to foreign and international law only, legal arbitration and conciliation/mediation services by foreign lawyers.
27. Sector: Professional, Technical and Specialised Services
Sub-Sector: Professional services
Industry Classification: CMAP 9510 Provision of Professional, Technical and Specialised Services (limited to professional services)
Obligations Concerned: National Treatment (Article 9.3) Most-Favoured-Nation Treatment (Article 9.4)
Level of Government: Central
Measures: Regulatory Law of the Constitutional Article 5th relating to the Practice of the Professions in Mexico City (Ley reglamentaria del Artículo 5º Constitucional, relativo al Ejercicio de las Profesiones en la Ciudad de México), Chapter III, Section III, and Chapter V
Regulations to the Regulatory Law of the Constitutional Article 5th relating to the Practice of the Professions in the Federal District (Reglamento de la Ley Reglamentaria del Artículo 5º Constitucional, relativo al Ejercicio de las Profesiones en el Distrito Federal), Chapter III
Population General Law (Ley General de Población), Chapter III
Description: Cross-Border Trade in Services
Pursuant to the relevant international treaties of which Mexico is a party; foreigners may practice in Mexico City District the professions set forth in the Regulatory Law of the Constitutional Article 5 related to the Practice of the Professions in Mexico City.
In the absence of an international treaty on the matter, the professional practice by foreigners will be subject to reciprocity in the place of residence of the applicant and to compliance with the rest of the requirements established in the Mexican laws and regulations.
28. Sector: Religious Services
Sub-Sector:
Industry Classification: CMAP 929001 Services of Religious Organisations
Obligations Concerned: Senior Management and Boards of Directors (Article 8.10) Local Presence (Article 9.5)
Level of Government: Central
Measures: Religious Associations and Public Worship Law (Ley de Asociaciones Religiosas y Culto Público), Title II, Chapters I and II
Description: Investment and Cross-Border Trade in Services
Representatives of religious associations in Mexico must be Mexican nationals.
Religious associations must be associations constituted in accordance with the Religious Associations and Public Worship Law (Ley de Asociaciones Religiosas y Culto Público).
Religious associations must register before the Ministry of Internal Affairs (Secretaría de Gobernación, SEGOB). To be registered, the religious associations must be established in Mexico.
29. Sector: Agriculture Services
Sub-Sector:
Industry Classification: CMAP 971010 Provision of Agricultural Services
Obligations Concerned: National Treatment (Article 9.3) Local Presence (Article 9.5)
Level of Government: Central
Measures: United Mexican States Political Constitution (Constitución Política de los Estados Unidos Mexicanos), Article 32
Plant Health Federal Law (Ley Federal de Sanidad Vegetal), Title II, Chapter IV
Regulations to the Phytosanitary Law of the United Mexican States (Reglamento de la Ley de Sanidad Fitopecuaria de los Estados Unidos Mexicanos), Chapter VII
Description: Cross-Border Trade in Services
A concession granted by the Ministry of Agriculture, Livestock, Rural Development, Fishing and Food (Secretaría de Agricultura, Ganadería, Desarrollo Rural, Pesca y Alimentación, SAGARPA) is required to spray pesticides.
Only Mexican nationals or Mexican enterprises may obtain such a concession.
30. Sector: Transportation
Sub-Sector: Air transportation
Industry Classification: CMAP 384205 Manufacture, Assembly and Repair of Aircraft (limited to repair of aircrafts)
Obligations Concerned: Local Presence (Article 9.5)
Level of Government: Central
Measures: Civil Aviation Law (Ley de Aviación Civil), Chapter III, SectionII
Civil Aviation Regulations (Reglamento de la Ley de Aviación Civil), Chapter VII
Description: Cross-Border Trade in Services
A permit issued by the Ministry of Communications and Transportation (Secretaría de Comunicaciones y Transportes, SCT) is required to establish and operate, or operate and exploit, an aircraft repair facility and centres for teaching and training of personnel.
To obtain such permission the interested party must prove that the aircraft repair facilities and centres for teaching and training of personnel have their domicile in Mexico.
31. Sector: Transportation
Sub-Sector: Air transportation
Industry Classification: CMAP 973302 Airport and Heliport Management Services
Obligations Concerned: National Treatment (Articles 8.5 and 9.3) Local Presence (Article 9.5)
Level of Government: Central
Measures: United Mexican States Political Constitution (Constitución Política de los Estados Unidos Mexicanos), Article 32
General Means of Communication Law (Ley de Vías Generales de Comunicación), Book I, Chapters I, II and III
Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III
Civil Aviation Law (Ley de Aviación Civil), Chapters I and IV
Airports Law (Ley de Aeropuertos), Chapter III
Regulations to the Airports Law (Reglamento de la Ley de Aeropuertos), Title II, Chapters I, II and III
Description: Investment and Cross-Border Trade in Services
A concession granted by the Ministry of Communications and Transportation (Secretaría de Comunicaciones y Transportes, SCT) is required to construct and operate, or operate, airports and heliports. Only Mexican enterprises may obtain such a concession.
Favourable resolution from the National Commission on Foreign Investment (Comisión Nacional de Inversiones Extranjeras, CNIE) is required for investors of another Party or their investments to own, directly or indirectly, more than 49 per cent of the ownership interest in an enterprise established or to be established in the territory of Mexico that is a concessionaire or permissionaire of airfields for public service.
When deciding, the CNIE will consider that the national and technological development be favored, and that the sovereign integrity of the Nation be protected.
32. Sector: Transportation
Sub-Sector: Air Transportation
Industry Classification: CMAP 713001 Scheduled Air Transport Services on Domestically Registered Aircraft
CMAP 713002 Non-Scheduled Air Transport (Air Taxis) Specialty Air Services
Obligations Concerned: National Treatment (Article 8.5) Senior Management and Boards of Directors (Article 8.10)
Level of Government: Central
Measures: Civil Aviation Law (Ley de Aviación Civil), Chapters IX and X Regulations to the Civil Aviation Law (Reglamento de la Ley de Aviación Civil), Title II, Chapter I
Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III
As qualified by the Description element
Description: Investment
Investors of th other Party or their investments may only own, directly or indirectly, up to 49 per cent of the voting interests in an enterprise established or to be established in the territory of Mexico that supplies a scheduled and non-scheduled domestic air transport service, a non-schedules domestic air transport service, a non-scheduled international air transport service in the modality of air taxi, or specialty air service. The chairman and at least two-thirds of the boards of directors and two thirds of the managing officers of such an enterprise must be Mexican nationals.
Only Mexican nationals and Mexican enterprises in which 51 per cent of the voting interest is owned or controlled by Mexican nationals and of which the chairman and at least two-thirds of the managing officers are Mexican nationals, may register an aircraft in Mexico.
33. Sector: Transportation
Sub-Sector: Specialty air services
Industry Classification:
Obligations Concerned: National Treatment (Article 8.5 and Article 9.3) Senior Management and Boards of Directors (Article 8.10) Local Presence (Article 9.5)
Level of Government: Central
Measures: General Means of Communications Law (Ley de Vías Generales de Comunicación), Book I, Chapter III
Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III
Civil Aviation Law (Ley de Aviación Civil), Chapters I, II, IV and IX
As qualified by the Description element
Description: Investment and Cross-Border Trade in Services
Investors of another Party or their investments may only own, directly or indirectly, up to 49 per cent of the voting interests in an enterprise established or to be established in the territory of Mexico that provides specialty air services using Mexican registered aircraft. The chairman and at least two-thirds of the board of directors and two-thirds of the managing officers of such an enterprise must be Mexican nationals.
Only Mexican nationals and Mexican enterprises in which 75 per cent of the voting interests is owned or controlled by Mexican nationals and of which the chairman and at least two thirds of the managing officers are Mexican nationals may register an aircraft in Mexico.
A permit issued by the Ministry of Communications and Transportation (Secretaría de Comunicaciones y Transportes, SCT) is required to provide all specialty air services in the territory of Mexico. Such a permit may only be granted when the person interested in the supply of these services has domicile in the territory of Mexico.
34. Sector: Transportation
Sub-Sector: Water transportation
Industry Classification: CMAP 973203 Maritime Port Administration, Lake and Rivers
Obligations Concerned: National Treatment (Article 8.5)
Level of Government: Central
Measures: Ports Law (Ley de Puertos), Chapters IV and V
Regulations to the Ports Law (Reglamento de la Ley de Puertos) Title I, Chapters I and VI
Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III
Description: Investment
Investors of another Party or their investments may only own, directly or indirectly, up to 49 per cent of the ownership interest of a Mexican enterprise authorised to act as an integral port administrator.
35. Sector: Transportation
Sub-Sector: Water transportation
Industry Classification: CMAP 384201 Manufacture and Repair of Vessels