Publishing
Subsector:
Obligations Concerned: Performance Requirements (Article 8.9) National Treatment (Article 8.5)
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, audiovisuals and publishing on the achievement by the recipient of a given level or percentage of domestic creative content. For the greater certainty, this entry does not apply to advertising and performance requirements shall in all cases be consistent with the WTO Agreement on Trade Related Investment Measures.
Existing Measures:
8. Sector: Handicraft Industries
Subsector:
Obligations Concerned: National Treatment (Article 8.5 and 9.3) Performance Requirements (Article 8.9)
Description: Investment and Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure relating to the design, distribution, retailing, or exhibition of handicrafts that are identified as handicrafts of Colombia.
For greater certainty, performance requirements shall in all cases be consistent with the WTO Agreement on Trade-Related Investment Measures.
Existing Measures:
9. Sector: Audiovisual Services
Subsector: Advertising
Obligations National Treatment (Article 8.5 and 9.3)
Concerned: Performance Requirements (Article 8.9)
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 15 per cent) of the total cinematographic works shown on an annual basis in cinemas or exhibition rooms in Colombia consist of Colombian cinematographic works. In establishing such a percentage, Colombia shall take into account national cinematographic production conditions, the existing exhibition infrastructure in the country, and attendance averages.
Cinematographic Works over Free-to-Air Television
(b) Colombia reserves the right to adopt or maintain any measure requiring that a specified percentage (not to exceed 10 per cent) of the total cinematographic works shown on an annual basis on free-to-air television channels consist of Colombian cinematographic works. In establishing such a percentage, Colombia shall take into account the availability of national cinematographic works for free-to-air television. Such works will count towards the domestic content requirements applied to the channel as described in the entry on free-to-air television and audio-visual production services on pages 20 and 22 of Annex I.
Community Television (3)
Existing Measures:
(c) Colombia reserves the right to adopt or maintain
any measure requiring that a specified portion of weekly programming for community television (not to exceed 56 hours per week) consist of national programming produced by the community television operator.
Multichannel Free-to-Air Commercial Television
(d) Colombia reserves the right to impose the minimum programming requirements appearing in the entry on free-to-air television and audio- visual production services on entry 20 of Annex II on multichannel free-to-air commercial television, except that such requirements may not be imposed on more than two channels or 25 per cent of the total number of channels (whichever is greater) made available by an individual service provider.
Advertising
(e) Colombia reserves the right to adopt or maintain any measure requiring that a specific percentage (not to exceed 20 per cent) of total advertising orders placed annually with media services companies established in Colombia, other than newspapers, daily newspapers, and subscription services with headquarters outside Colombia, be produced and created in Colombia. Any such measure shall not apply to: (i) the advertisement in cinemas and exhibition rooms of upcoming movies; and, (ii) any media where the programming or content originates outside Colombia or to the rebroadcast or retransmission of such programming within Colombia.
10. Sector: Traditional Expressions
Subsector:
Obligations Concerned: National Treatment (Article 8.5 and 9.3)
Description: Investment and Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure according rights or preferences to local communities with respect to the support and development of expressions relating to intangible cultural patrimony declared pursuant to Resolucién No. 0168 of 2005.
Any such measure shall not be inconsistent with the agreement of Trade-Related Aspects of Intellectual Property Rights (TRIPS) form the WTO.
Existing Measures:
11. Sector: Interactive Audio and Video Services
Subsector:
Obligations Concerned: National Treatment (Article 8.5 and 9.3) Performance Requirements (Article 8.9)
Description: Investment and Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain measures to ensure that, upon a finding by the Government of Colombia that Colombian audiovisual content is not readily available to Colombian consumers, access to Colombian audiovisual programming through interactive audio and/or video services is not unreasonably denied to Colombian consumers.
At least 90 days before any proposed measure is adopted, Colombia shall notify the other Parties of the proposed measure. The notification shall provide information with respect to the proposed measure, including information that forms the basis for the Government of Colombia's finding that Colombian audiovisual content is not readily available to Colombian consumers and a description of the proposed measure. Such measures must be consistent with Colombia's obligations under the GATS.
Existing Measures:
12. Sector: Professional Services
Subsector:
Obligations Concerned: National Treatment (Article 9.3) Most-Favored-Nation Treatment (Article 9.4) Local Presence (Article 9.5) Market Access (Article 9.6)
Description: Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure that would allow a professional, who is a national of the other Party to practice only to the extent that the other Party in which that professional conducts his or her primary practice affords treatment consistent with the obligations referenced in this entry to a Colombian national who otherwise satisfies the relevant authorization, licensing, or certification requirements to practice that profession. Notwithstanding the preceding sentence, Colombia shall permit such professionals who were practicing in its territory prior to the date of entry into force of this Agreement in accordance with Colombian law to continue practicing in accordance with the existing law.
For purposes of this entry, the Party in which a professional conducts his or her primary practice is the territory within which the professional was licensed to practice and actually practiced most frequently in the preceding 12âmonth period.
This measure does not apply to a country that has a bilateral agreement in force with Colombia regarding mutual recognition of professional degrees.
Existing Measures:
13. Sector: Road and River Transport
Subsector:
Obligations Concerned: Most Favored Nation Treatment (Article 9.4)
Description: Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement signed after the date of entry into force of this Agreement involving road and river transport services.
Existing Measures:
14. Sector: Selling and marketing of air transport services
Subsector:
Obligations Concerned: National Treatment (Article 8.5 and 9.3) Market Access (Article 9.6) Local Presence (Article 9.5)
Description: Investment and Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure regarding commissions and/or payments that transporters apply to travel agents and to intermediaries in general.
Existing Measures:
Annex I. MEXICO - EXPLANATORY NOTES
1. The Schedule of Mexico to this Annex sets out, pursuant to Article 8.11 (Non-Conforming Measures) and Article 9.7 (Non-Conforming Measures), Mexico's existing measures that are not subject to some or all of the obligations imposed by:
(a) Article 8.5 (National Treatment) or Article 9.3 (National Treatment);
(b) Article 8.6 (Most-Favoured-Nation Treatment) or Article 9.4 (Most-Favoured-NationTreatment);
(c) Article 8.9 (Performance Requirements);
(d) Article 8.10 (Senior Management and Boards of Directors);
(e) Article 9.5 (Local Presence); or
(f) Article 9.6 (Market Access)
2. Each Schedule entry sets out the following elements:
(a) Sector refers to the sector for which the entry is made;
(b) Sub-Sector, where referenced, refers to the specific subsector for which the entry is made;
(c) Industry Classification, where referenced, refers to the activity covered by the non-conforming measure, according to the provisional CPC codes as used in the Provisional Central Product Classification (Statistical Papers Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991);
(d) Obligations Concerned specifies the obligations referred to in paragraph 1 that, pursuant to Article 8.11.1(a) (Non-Conforming Measures) and Article 9.7.1(a) (Non-Conforming Measures), do not apply to the listed measure(s) as indicated in the introductory notes for Mexico's Schedule;
(e) Level of Government indicates the level of government maintaining the listed measures;
(f) 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
(g) Description, as indicated in the introductory notes for Mexico's Schedule, either sets out the non-conforming measure or provides a general non-binding description of the measure for which the entry is made.
3. Article 9.3 (National Treatment) and Article 9.5 (Local Presence) are separate disciplines and a measure that is only inconsistent with Article 9.5 (Local Presence) need not be reserved against Article 9.3 (National Treatment).
Annex I. SCHEDULE OF MEXICO - INTRODUCTORY NOTES
1. Description either sets out the non-conforming aspects of the existing measure or provides a general non-binding description of the measure for which the entry is made.
2. In accordance with Article 8.11 (Non-Conforming Measures) and Article 9.7 (Non- Conforming Measures), 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.
3. In the interpretation of an entry, all elements of the entry shall be considered. An entry shall be interpreted in the light of the relevant provisions of the Chapters against which the entry is taken. 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. For the purposes of this Annex:
CMAP means Mexican Classification of Activities and Products (Clasificación Mexicana de Actividades y Productos) numbers as set out in the National Institute for Statistics and Geography (Instituto Nacional de Estadistica y Geografia), Mexican Classification of Activities and Products (Clasificación Mexicana de Actividades y Productos), 1994;
CNIE means the National Commission on Foreign Investments (Comisión Nacional de Inversiones Extranjeras);
concession means an authorisation granted by the Mexican State to a person to exploit a natural resource or provide a service, for which Mexican nationals and Mexican enterprises are granted priority over foreigners;
foreigners' exclusion clause means the express provision in an enterprise's by-laws, and setting forth that the enterprise shall not admit, directly or indirectly, foreign investors or enterprises with foreigner's admission clause, as partners or shareholders of the enterprise;
SCT means the Ministry of Communications and Transportation (Secretaria de Comunicaciones y Transportes); and
SEMAR means Marine Secretariat (Secretaria de Marina).
Annex I. SCHEDULE OF MEXICO
1. Sector: All
Sub-Sector:
Industry Classification:
Obligations Concerned: National Treatment (Article 8.5)
Level of Government: Central
Measures:United Mexican States Political Constitution (Constitución Política de los Estados Unidos Mexicanos), Article 27
Foreign Investment Law (Ley de Inversión Extranjera), Title Chapters I and II
Regulations to the Foreign Investment Law and the National Registry for Foreign Investment (Reglamento de la Ley de Inversión Extranjera y del Registro Nacional de Inversiones Extranjeras), Title II, Chapters I and II
Description: Investment
Foreign nationals or foreign enterprises may not acquire property rights (dominio directo) over land and water in a 100 kilometre strip along the country’s borders or in a 50-kilometre strip inland from its coasts (Restricted Zone).
Mexican enterprises without a foreigners’ exclusion clause may acquire property rights (dominio directo) over real estate located in the Restricted Zone, used for non-residential purposes. Notice of the acquisition must be given to the Ministry of Foreign Affairs (Secretaría de Relaciones Exteriores, SRE) within 60 business days following the date of acquisition.
Mexican enterprises without a foreigners’ exclusion clause may not acquire property rights (dominio directo) over real estate located in the Restricted Zone, used for residential purposes.
Pursuant to the procedure described below, Mexican enterprises without a foreigners’ exclusion clause may acquire rights for the use and enjoyment over real estate in the Restricted Zone, used for residential purposes. Such a procedure shall also apply when foreign nationals or foreign enterprises seek to acquire rights for the use and enjoyment over real estate in the Restricted Zone regardless of the purpose for which the real estate is used.
A permit from the SRE is required for credit institutions to acquire, as trustees, rights to real estate located in the Restricted Zone, when the purpose of the trust is to allow the use and enjoyment of such real estate, without granting real property rights thereof, and the trust beneficiaries are the Mexican enterprises without a foreigners’ exclusion clause, or the foreign nationals or foreign enterprises referred to above.
The terms “use” and “enjoyment” of the real estate located in the Restricted Zone mean the rights to use or enjoy such real estate, including, as applicable, obtaining benefits, products and, in general, any yield resulting from lucrative operation and exploitation through third parties or through the credit institutions acting as trustees.
The duration of the trust referred to in this entry shall be for a maximum period of 50 years, which may be renewed on request by the interested party.
The SRE can verify at any time the compliance with the conditions under which the permits referred to in this entry are granted, as well as the submission and veracity of the notices mentioned above.
The SRE shall decide on the permits, considering the economic and social benefits that these operations could have on the Nation.
Foreign nationals or foreign enterprises seeking to acquire real estate outside the Restricted Zone, shall previously submit to the SRE a statement agreeing to consider themselves Mexican nationals for the above mentioned purposes, and waiving the right to invoke the protection of their governments with respect to such real estate.
2. Sector: All
Sub- Sector:
Industry Classification:
Obligations Concerned: National Treatment (Article 9.3 and Article 8.5) Market Access (Article 9.6)
Level of Government: Central
Measures: Foreign Investment Law (Ley de Inversión Extranjera),Title VI, Chapter III
Description: Investment and Cross-Border Trade in Services
The National Commission on Foreign Investment (Comisión Nacional de Inversiones Extranjeras, CNIE) shall take into account the following criteria, in order to evaluate applications submitted for its consideration (acquisitions or establishment of investments in restricted activities as set out in this Schedule):
(a) the effects on employment and training of workers;
(b) the technological contribution;
(c) the compliance with the environmental provisions contained in the environmental legislation; and
(d) in general, the contribution to increase the competitiveness of the Mexican productive system.
When deciding on an application, the CNIE may only impose requirements that do not distort international trade.
3. Sector: All
Sub- Sector:
Industry Classification:
Obligations Concerned: National Treatment (Article 8.5)
Level of Government: Central
Measures: Foreign Investment Law (Ley de Inversión Extranjera),Title I, Chapter III
As qualified by the Description element
Description: Investment
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 participate, directly or indirectly, in more than 49 per cent of the ownership interest of a Mexican enterprise in an unrestricted sector, only when the total value of the assets of the Mexican enterprise exceeds the applicable threshold at the time the application for acquisition is submitted.
The applicable threshold for the review of an acquisition of a Mexican enterprise shall be the amount determined by the CNIE. The threshold at the date of entry into force of this Agreement for Mexico will be the equivalent in Mexican pesos to 955,835,000 US dollars, using the official exchange rate on August 31, 2018.
Each year, the threshold will be adjusted according to the nominal growth rate of the Mexican Gross Domestic Product, as published by the National Institute for Statistics and Geography (Instituto Nacional de Estadística y Geografía, INEGI).