Only Mexican nationals and Mexican enterprises with a foreigners’ exclusion clause may supply local urban and suburban passenger bus services, school bus services, and taxi and other collective transportation services.
46. Sector: Communications
Sub-Sector: Entertainment services (Cinema)
Industry Classification: CMAP 941103 Private Exhibition of Films
Obligations Concerned: Most-Favoured-Nation Treatment (Article 8.6 and Article 9.4) National Treatment (Article 8.5 and Article 9.3)
Level of Government: Central
Measures: Federal Cinematography Law (Ley Federal de Cinematografía), Chapter III
Regulations to the Federal Cinematography Law (Reglamento de la Ley Federal de Cinematografía), Chapter V
Description: Investment and Cross-Border Trade in Services
Exhibitors shall reserve 10 per cent of the total screen time to the projection of national films.
47. Sector: All
Sub-Sector:
Industry Classification:
Obligations Concerned: National Treatment (Article 8.5 and Article 9.3) Most-Favoured-Nation Treatment (Article 8.6 and Article 9.4) Performance Requirements (Article 8.9) Senior Management and Boards of Directors (Article 8.10) Local Presence (Article 9.5)
Level of Government: Regional
Measures: All existing non-conforming measures of all states of the United Mexican States
Description: Investment and Cross-Border Trade in Services
Annex II . 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), the specific sectors, subsectors or activities for which Mexico may maintain existing, or adopt new or more restrictive, measures that do not conform with 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-Nation Treatment);
(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 8.11.2 (Non-Conforming Measures) and Article 9.7.2 (Non-Conforming Measures), do not apply to the sectors, subsectors or activities listed in the entry;
(e) Description sets out the scope or nature of the sectors, subsectors or activities covered by the entry to which the reservation applies; and
(f) Existing Measures, where specified, identifies, for transparency purposes, a non-exhaustive list of existing measures that apply to the sectors, subsectors or activities covered by the entry.
3. For greater certainty, in the interpretation of an entry, all elements of the entry shall be considered, and the Description element prevails over all elements.
4. In accordance with Article 8.11.2 (Non-Conforming Measures) and Article 9.7.2 (Non-Conforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the sectors, subsectors and activities identified in the Description element of that entry.
5. With respect to Annex II entries on Most-Favoured-Nation Treatment relating to bilateral or multilateral international agreements, the absence of language regarding the scope of the reservation for differential treatment resulting from an amendment of those bilateral or multilateral international agreements in force or signed prior to the date of entry into force of this Agreement is without prejudice to Mexico’s interpretation of the scope of that reservation.
Annex II . SCHEDULE OF MEXICO - INTRODUCTORY NOTES
For the purposes of this Annex:
The term “CMAP” means Mexican Classification of Activities and Products (Clasificación Mexicana de Actividades y Productos) numbers as set out in National Institute for Statistics and Geography (Instituto Nacional de Estadística y Geografía), Mexican Classification of Activities and Products (Clasificación Mexicana de Actividades y Productos), 1994.
Annex II . SCHEDULE OF MEXICO
1. Sector: All
Sub-Sector:
Industry Classification:
Obligations Concerned: National Treatment (Article 9.3)
Level of Government: Central
Description: Cross-Border Trade in Services
Mexico reserves the right to adopt or maintain any measure restricting the acquisition, sale or other disposition of bonds, treasury bills or any other kind of debt security issued by the central, regional or local governments.
Existing Measures:
2. Sector: Energy
Sub-Sector: Oil and other hydrocarbons
Electricity
Industry Classification:
Obligations Concerned: National Treatment (Article 8.5 and Article 9.3) Most Favoured Nation Treatment (Article 8.6 and Article 9.4) Performance Requirements (Article 8.9) Senior Executive and Board of Directors (Article 8.10) Market Access (Article 9.6)
Level of Government: Central
Description: Investment
Mexico allows private investment exclusively through contractual arrangements with respect to the exploration and production of oil and other hydrocarbons, and the public service of transmission and distribution of electricity.
If Mexican law is amended to allow private investment in a different modality from that set out in the first paragraph, or to allow the sale of assets or ownership interest in an enterprise engaged in the activities set out in the first paragraph, Mexico reserves the right to impose restrictions on such investment.
Any such restrictions shall be deemed to be existing Annex I non-conforming measures and shall be subject to paragraphs 1 and 3 of Article 8.11 (Non-Conforming Measures).
For greater certainty, Mexico affirms the principle reflected in Articles 25, 27 and 28 of the Constitution that the exploration and production of oil and other hydrocarbons, the planning and control of the National Electric System and the public service of transmission and distribution of electricity are reserved to the State.
Existing Measures: Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Articles 25, 27 and 28.
Federal Electricity Commission Law (Ley de la Comisión Federal de Electricidad).
Foreign Investment Law (Ley de Inversión Extranjera).
Hydrocarbons Law (Ley de Hidrocarburos).
Petroleos Méxicanos Law (Ley de Petróleos Mexicanos).
Electric Industry Law (Ley de la Industria Eléctrica).
3. Sector: Entertainment Services
Sub-Sector: Recreational and leisure services
Industry Classification: CMAP 949104 Other Private Recreational and Leisure Services (limited to gambling and betting services)
Obligations Concerned: National Treatment (Article 8.5 and Article 9.3) Most-Favoured-Nation Treatment (Article 8.6 and Article 9.4) Senior Management and Boards of Directors (Article 8.10) Local Presence (Article 9.5)
Level of Government: Central
Description: Investment and Cross-Border Trade in Services
Mexico reserves the right to adopt or maintain any measure relating to investment in, or the supply of, gambling and betting services.
Existing Measures:
4.Sector: Minority Affairs
Sub-Sector:
Industry Classification:
Obligations Concerned: National Treatment (Article 9.3) Local Presence (Article 9.5)
Level of Government: Central
Description: Cross-Border Trade in Services
Mexico reserves the right to adopt or maintain any measure according rights or preferences to socially or economically disadvantaged groups.
Existing Measures: Political Constitution of the United Mexican States, Article 4 (Constitución Política de los Estados Unidos Mexicanos)
5.Sector: Social Services
Sub-Sector:
Industry Classification:
Obligations Concerned: National Treatment (Article 8.5 and Article 9.3) Most-Favoured-Nation Treatment (Article 8.6 and Article 9.4) Performance Requirements (Article 8.9) Senior Management and Boards of Directors (Article 8.10) Local Presence (Article 9.5)
Level of Government: Central
Description: Investment and Cross-Border Trade in Services
Mexico reserves the right to adopt or maintain any measure with respect to the supply of public 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.
Existing Measures: Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Articles 4, 17, 18, 25, 26, 28 and 123.
6. Sector: Transportation
Sub-Sector: Specialised personnel
Industry Classification: CMAP 951023 Other Professional,
Technical and Specialised Services (limited to ship captains; aircraft pilots; ship masters; ship machinists; ship mechanics; airport administrators (comandantes de aeródromos); harbour masters; harbour pilots; crew on Mexican flagged vessels or aircrafts)
Obligations Concerned: National Treatment (Article 9.3) Most-Favoured-Nation Treatment (Article 9.4) Local Presence (Article 9.5)
Level of Government: Central
Description: Cross-Border Trade in Services
Mexico reserves the right to adopt or maintain any measure with respect to specialised personnel. Only Mexican nationals by birth may serve as:
(a) captains, pilots, ship masters, machinists, mechanics and crew members manning vessels or aircraft under the Mexican flag; and
(b) harbour pilots, harbour masters and airport administrators.
Existing Measures: Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Article 32.
7. Sector: All
Sub-Sector: Telegraph, radiotelegraph and postal services Issuance of bills (currency) and minting of coinage Control, inspection and surveillance of maritime and inland ports Control, inspection and surveillance of airports and heliports, nuclear energy and radioactive minerals and materials
Obligations Concerned: National Treatment (Article 8.5 and Article 9.3) Most-Favored-Nation Treatment (Article 8.6 and Article 9.4) Local Presence (Article 9.5) Senior Management and Boards of Directors (Article 8.10)
Level of Government: Central
Description: Investment
The activities set out in this list are reserved to the Mexican State, and private equity investment is prohibited under Mexican Law. Where Mexico allows private investment to participate in such activities through service contracts, concessions, lending arrangements or any other type of contractual arrangement, such participation shall not be construed to affect the State’s reservation of those activities.
If Mexican law is amended to allow private equity investment in an activity set out in this list, Mexico may impose restrictions on foreign investment participation and those restrictions shall be deemed existing Annex I non-conforming measures and shall be subject to paragraphs 1 and 3 of Article 8.11 (Non-Conforming Measures). Mexico may also impose restrictions on foreign equity investment participation when selling an asset or ownership interest in an enterprise engaged in activities set out in this list, and those restrictions shall be deemed existing Annex I non-conforming measures and shall be subject to paragraphs 1 and 3 of Article 8.11 (Non-Conforming Measures).
(a) Telegraph, radiotelegraph and postal services;
(b) Issuance of bills (currency) and mining of coinage;
(c) Control, inspection and surveillance of maritime and inland ports;
(d) Control, inspection and surveillance of airports and heliports;
(e) Nuclear Power and radioactive minerals and materials.
Existing Measures: United Mexican States Political Constitution (Constitución Política de los Estados Unidos Mexicanos) Articles 25 and 28.
Law of the Mexican Bank (Ley del Banco de México) Law of the House of Currency of Mexico (Ley de la Casa de Moneda de México)
United Mexican States Monetary Law (Ley Monetaria de los Estados Unidos Mexicanos).
Commercial and Navigation Maritimes Law (Ley de Navegación y Comercio Marítimos)
Ports Law (Ley de Puertos)
Airports Law (Ley de Aeropuertos)
Federal Telecommunication and Broadcasting Law (Ley Federal de Telecomunicaciones y Radiodifusión) Decree that establish the decentralized agency of Navigation Services in the Mexican Airspace, SENEAM (by its acronym in Spanish) (Decreto que Crea el Organismo Desconcentrado de Servicios a la Navegación en el Espacio Aéreo Mexicano, SENEAM)
General Means of Communication Law (Ley de Vías Generales de Comunicación)
The Mexican Postal Service Law (Ley del Servicio Postal Mexicano), Title I, Chapter III
Foreign Investment Law (Ley de Inversión Extranjera)
8. Sector: All
Sub-Sector:
Obligations Concerned: Most-Favoured-Nation Treatment (Article 8.6)
Level of Government: Central
Description: Investment
Mexico reserves the right to adopt or maintain any measure granting different treatment to countries accorded under all bilateral or multilateral international agreements in force prior to the date of the entry into force of this Agreement.
Mexico reserves the right to adopt or maintain any measure granting different treatment to countries accorded under all international agreements in force or signed after the date of entry into force of this Agreement involving:
(a) aviation;
(b) fisheries; or
(c) maritime matters, including salvage.
9.Sector: All
Sub-Sector:
Obligations Concerned: Market Access (Article 9.6)
Level of Government: Central and Regional
Description: Cross-Border Trade in Services
Mexico reserves the right to adopt or maintain any measure related to Article 9.6 (Market Access), except for the following sectors and sub-sectors subject to the limitations and conditions listed below.
For the purpose of this entry:
(a) “1)” refers to the supply of a service from the territory of one Party into the territory of any other Party;
(b) “2)” refers to the supply of a service in the territory of one Party by a person of that Party to a person of the other Party;