(c) “3)” refers to the supply of a service in the territory of one Party by an investor of the other Party or a covered investment; and
(d) “4)” refers to the supply of a service by a national of one Party, in the territory of any other Party.
This entry:
(a) applies to central level of government;
(b) applies to regional level of government in accordance with specific commitments of Mexico under the Article XVI of GATS which exist at the date of entry into force of this Agreement; and
(c) does not apply to municipal or local level.
This entry does not apply to entries listed in Annex I with respect to Article 9.6 (Market Access). Mexico’s limitations on market access in this entry are only those limitations which are not discriminatory.
| Sector or Subsector | Limitations on market access |
| 1. A. Professional services (1) | |
| a) Legal services (CPC 861) | 1), 2) and 3) None 4) Unbound except as indicated in the Temporary Entry for Business Persons Chapter. |
| b) Accounting, auditing and bookkeeping services (CPC 862) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| d) Consultancy and technical studies for architecture (CPC 8671) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| e) Consultancy and technical services for engineering (CPC 8672) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| f) Integrated engineering services (CPC 8673) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| g) Urban planning and landscape architectural services (CPC 8674) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| h) Related scientific and technical consulting services (CPC 8675) | 1), 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter |
| i) Medical and dental services (CPC 9312) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| k) Other services - Religious services (CPC 95910) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| Sector or Subsector | Limitations on market access |
| 1. B. Computer and Related Services | |
| a) Consultancy services related to the installation of computer hardware (CPC 841) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| b) Software implementation services (CPC 842) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| c) Data processing services (CPC 843) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| d) Data base services (CPC 844) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| e) Other (CPC 845+849) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| 1. C. Research and Development Services (CPC 85) (other than research and technological development centres) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| - Research and experimental development services on engineering and technology (CPC 85103) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| - Research and development services on social sciences and humanities (CPC 852) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| 1.D. Real estate services | |
| a) Real estate services involving own or leased property (CPC 821) Other than: Real estate services involving own property | 1) Unbound 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| b) Real estate services on a fee or contract basis (CPC 822) | 1) Unbound 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| 1. E. Rental/Leasing Services without Operators | |
| a) Leasing or rental services concerning vessels without operator (CPC 83103) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| b) Leasing or rental services concerning aircraft without operator (CPC 83104) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| c) Leasing or rental services concerning other means of transport without operator (limited to private cars without operator CPC 83101) | 1) Unbound 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| -Leasing or rental services concerning means of maritime transport without operator | 1) Unbound 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| d) Leasing or rental services concerning other machinery and equipment without operator: | 1) Unbound 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| - Rental services concerning agricultural and fishery machinery and equipment (CPC 83106) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| - Rental services concerning machinery and equipment for industry (CPC 83109) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| e) Other - Rental services concerning electronic equipment for data processing (CPC 83108) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| - Leasing or rental services concerning other personal or household goods (CPC 83209) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter |
| - Rental services concerning office equipment and furniture (CPC 83108) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| - Rental services concerning televisions, sound equipment, video-cassette recorders and musical instruments (CPC 83201) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| - Rental services concerning professional photographic equipment and projectors (CPC 83209) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| - Rental services concerning other machinery, equipment and furniture not mentioned above (CPC 83109) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| 1. F. Other Business Services | |
| a) Advertising and related activities (excluding broadcasting as well as restricted radio and television services) (CPC 871) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| b) Market research services (CPC 8640) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| c) Management consulting services (CPC 8650) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| d) Administrative formalities and collection services (CPC 8660) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| e) Technical testing and analysis services (CPC 8676) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| f) Services incidental to agriculture, hunting and forestry -Services incidental to agriculture (CPC 8811 limited to professional services incidental to agriculture) | 1) and 2) None 3) None except as indicated in 1.A 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| -Services incidental to animal husbandry (CPC 8812 limited to professional services incidental to animal husbandry). | 1) and 2) None 3) None except as indicated in 1.A 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| - Services incidental to forestry and logging (CPC 88104) | 1) and 2) None 3) None except as indicated in 1.A 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| g) Services incidental to fishing (CPC 882) | 1), 2) and 3) None 4) Unbound except as indicated in Temporary Entry for Business Persons Chapter. |
| k) Placement and supply of services of personnel (CPC 8720) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| l) Protection and guard services (CPC 8730) | 1) Unbound 2) None 3) None, except that the requirements laid down for each specific means of transport must be fulfilled. 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| n) Maintenance and repair of equipment except maritime vessels, aircraft and other transport equipment: | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| - Repair and maintenance of industrial machinery and equipment (CPC 8862) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| - Repair and maintenance of professional technical equipment and instruments (CPC 8866) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| - Repair services incidental to metal products, machinery and equipment. (CPC886) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| - Repair and maintenance of machinery and equipment for general use, not assignable to any specific activity (CPC 886) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| o) Building-cleaning services (CPC 8740) | 1) None 2) Unbound* 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| p) Photographic services | |
| - Photography and motion-picture processing services (CPC 87505 and 87506) | 1) None 2) Unbound* 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| r) Printing, publishing (CPC 88442) Only includes: - Publishing of books and similars - Printing and binding (except newsprint for circulation exclusively in the Mexican territory) - Auxiliary and related industries with editing and printing (excludes manufacturing for printing types which are classified into 3811 branch, "casting and moulding of ferrous and nonferrous metal parts"). | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| s) Convention services (CPC 87909***) | 1) Unbound* 2) None 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| t) Other | |
| - Credit reporting services (CPC 87901) | 1) Unbound 2) None 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| - Speciality design services (CPC 87907) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| - Industrial design services (CPC 86725) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| - Photocopying and similar services (CPC 87904) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| - Translation and interpretation services (CPC 87905) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| - Laundry collection services (CPC 97011) | 1) Unbound* 2) None 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| 2.COMMUNICATION SERVICES | |
| B. Courier services - Courier services (CPC 7512) | 1) Unbound 2) None 3) None, except that the requirements laid down for each specific means of transport must be fulfilled. 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| C. Telecommunication Services. Telecommunications services supplied by facilities based public telecommunications network (wire-based and radioelectric) through any technological medium, included in subparagraphs (a), (b), (c), (f), (g) and (o). | 1) The international traffic only may be routed through international ports of a natural person or juridical person with a concession granted by the regulatory agency to install, operate or use a public telecommunication network in the Mexican territory authorised to provide long distance service. 2) None 3) The Federal Telecommunications Institute (nstituto Federal de Telecomunicaciones, IFT) shall reserve for community indigenous FM radio stations ten per cent of broadcasting band of FM that goes from 88 to 108 MHz. Such percentage shall be granted as concession for the upper part of the referred band. The Institute shall directly assign 90 MHz of the 700 MHz band for the operation and exploitation of a wholesale shared network through a concession for commercial use. Resellers of telecommunications of long distance and international long distance may contract telecommunications services (exclusively) with authorised concessionaires. The economic agent who has been declared preponderant in the telecommunications sector or the concessionaires that are part of the economic group to which the declared preponderant agent belongs to may not participate directly or indirectly in any reseller. 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| a) Telephony services (CPC 75211, 75212) | 1) As indicated in 2.C.1). 2) None 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| b) Packet-switched data transmission services (CPC 7523**) | 1) As indicated in 2.C.1). 2) None 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| c) Circuit-switched data transmission services (CPC 7523**) | 1) As indicated in 2.C.1). 2) None 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| f) Facsimile services (CPC 7521 **+7529**) | 1), 2) and 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| g) Private leased circuit services (CPC 7522**+7523**) | 1) As indicated in 2.C.1). In Mexico it is not allowed the resale of private leased circuits to private networks. 2) None 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| o) Others | |
| - Paging services (CPC 75291) | 1) As indicated in 2.C.1). 2) None 3) As indicated in 2.C.3). 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| - Cellular telephony (75213**) | 1) As indicated in 2.C.1). 2) None 3) None 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| - Resellers (2) | 1) As indicated in 2.C.1). 2) None 3) None, except that the establishment and operation of resellers is invariably subject to the relevant regulations. The Federal Telecommunications Institute (Instituto Federal de Telecomunicaciones, IFT) will not issue permits for the establishment of a reseller until the corresponding regulations are issued. 4) Unbound, except as indicated in Temporary Entry for Business Persons Chapter. |
| - Other telecommunication services. Value-added services (Services that use public telecommunication network and have effect on the format, content, code, protocol, storage or similar aspects of the information transmitted by a user and which market users with additional information, different and restructured, or involve interaction user with information stored). (3) | 1) Registration before the Federal Telecommunications Institute (Instituto Federal de Telecomunicaciones, IFT) is required to provide Value Added Services. The Value Added Services originated overseas destined to the Mexican territory may only be taken and delivered in Mexico through infrastructure or facilities of a public telecommunications network concessioner. 2) None 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| Sector or subsector | Limitations on market access |
| D. Audiovisual services | |
| a) Private production of cinematographic films (CPC 96112) | 1), 2) and 3) None, except that film screening requires a permit issued by the Ministry of the Interior (Secretaria de Gobernacion). 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| b) Private film-screening services (CPC 96121) | 1), 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| c) Radio and Television Services (CPC9613) - broadcasting (radio and free to air television) | 1) None 2) None 3) The Federal Institute of Telecommunications (Instituto Federal de Telecomunicaciones, IFT) shall grant upon request authorisations to access the multiprogramming. In the case of concessionaires belonging to an agent declared preponderant the /FT will not authorise the transmission of a number of channels greater than 50 per cent of the total amount of broadcasted television channels, including the multiprogramming ones, authorised for other concessionaires that are broadcasting in the region covered. Concessionaires of commercial, public and social use providing broadcasting service shall have daily free transmission in each station and for each programming cannel, of duration up to 30 minutes whether continuous or discontinuous, dedicated to disseminate educational, cultural and social interest topics. In addition to the time set for the State, All concessionaires of commercial, public and social use providing broadcasting services shall be required to broadcast simultaneously in radio stations and television channels in the country when it comes to transmitting information of concern to the nation, according to the Ministry of Interior (Secretaría de Gobernación). 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| - Restricted radio and television services | 1) None 2) None 3) Concessionaires providing restricted or audio services shall reserve at no charge channels for the distribution of federal public institutions' television signals as indicated by the executive through the Federal Executive branch as follows: I. A channel with the service consists of 31 to 37 channels; II. Two channels, when the service consists of 38 to 45 channels, and III. Three channels, when the service consists of 46 to 64 channels. Beyond this last number, a channel shall be added for every 32 transmission channels. When the service consists of up to 30 channels, The Ministry may require, that a specific cannel dedicates up to six hours daily for transmission of programming as indicated by the Ministry of the Interior (Secretaria de Gobernacion). Concessionaires providing broadcasting or restricted television and audio services, as well as programmers and signals operators shall maintain a balance between advertising and programming transmitted daily, and the following rules shall apply: I. concessionaires of commercial use broadcasting: a) in television stations, the time spent on commercial advertising shall not exceed 18 per cent of the total transmission time per programming channel, and b) in radio stations, the time spent on commercial advertising shall not exceed 40 per cent of the total transmission time per programming channel. The length of commercial advertising does not include transmissions of the station own advertising, nor does it include State time and other Executive Branch provisions or programmes offering products or services; Il. concessionaires of restricted television, and audio may transmit, daily and per channel, up to six minutes of advertising for every hour of transmission. For purposes of corresponding calculation, advertising in the broadcast signals that are retransmitted and programming channels own advertising shall not be considered, and the channels exclusively dedicated to programmes of product offerings, shall be exempted from the limit stated in the previous paragraph. 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| 3.CONSTRUCTION AND RELATED ENGINEERING SERVICES | |
| A. General construction work for buildings - Residential or housing building (CPC 5121 and 5122) | 1) Unbound 2) Unbound* 3) None 4) Unbound |
| - Non-residential buildings (CPC 5124, 5127 and 5128) | 1) Unbound 2) Unbound* 3) None 4) Unbound |
| B. General construction work for civil engineering - Construction of urban development works (CPC 5131 and 5135) | 1) Unbound 2) Unbound* 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| - Construction of industrial buildings (excluding electric power stations and plants for the piping of oil and oil products (CPC 52121) | 1) Unbound 2) Unbound* 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| - Other construction (excluding construction of maritime and river works, highway and transport works and track construction) (CPC 52269) | 1) Unbound 2) Unbound* 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| D. Building completion and finishing work | |
| - Electrical, plumbing and drainage installations in buildings (excluding telecommunication installations and other special installations) (CPC 5161-5164) | 1) Unbound 2) Unbound* 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| E. Other - Special work, including earth moving, foundations, underground excavation, under-water work, signalling and protection installations, demolition, construction of drinking water or water treatment plants (excluding sinking of oil, gas and water wells) (CPC 511 and 515) | 1) Unbound 2) Unbound* 3) None, except that services relating to visual and electronic aids for runways are subject to authorisation by the Ministry of Communication and Transports (Secretaria de Comunicaciones y Transportes, SCT). 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| 4. DISTRIBUTION SERVICES | |
| 4.A Trade intermediary services (CPC 621) (includes sales agents who are not considered within the paid staff of any establishment in particular). | 1), 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| 4. B. Wholesale trade services -Wholesale trade of non-food products, including animal feed (excluding petroleum-based fuels, coal, firearms, cartridges and ammunition) (CPC 622) | 1), 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| - Commission agents' services (CPC 62113 - 621118) | 1), 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| -Wholesale trade of food, beverages and tobacco (CPC 6222) | 1), 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| - Wholesale trade services (CPC 622) | 1), 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| 4. C. Retail trade services: | |
| -Retail sales of food, beverages and tobacco in specialized establishments (CPC 6310) | 1), 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| - Retail sales of food products in supermarkets, self-service stores and shops (CPC 6310) | 1), 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| -Retail sales of non-food products in department stores and shops (CPC 632) | 1), 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| -Retail sales of motor vehicles, including tyres and spare parts (CPC 61112) | 1), 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| - Retail sales of non-food products in specialised establishments (excluding retail sales of liquefied fuel gas, charcoal, coal and other non-petroleum-based fuels, paraffin, fuel, and tractor vaporising oil (TVO), gasoline and diesel, firearms, cartridges and ammunition) (CPC 6329) | 1), 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| 4.D. Franchise services | 1), 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| 5.PRIVATE EDUCATION SERVICES | |
| 5. A. Primary education services (CPC 921) | 1) and 2) None 3) None except that prior authorisation is required from the Ministry of Public Education (Secretaria de Educación Pública, SEP) or the State authority. 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| 5. B. Secondary education services (CPC 922) | 1) and 2) None 3) None except that prior authorisation is required from the Ministry of Public Education (Secretaria de Educación Pública, SEP) or the State authority. 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| 5. C. Higher education services (CPC 923) | 1) and 2) None 3) None except that prior authorisation is required from the Ministry of Public Education (Secretaria de Educación Pública, SEP) or the State authority. 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| 5. E. Other education services: - Language education, special education and commercial training (CPC 9290) | 1) and 2) None 3) None, except that prior authorisation is required from the Ministry of Public Education (Secretaria de Educación Pública, SEP) or the State authority. 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| 6. ENVIRONMENTAL SERVICES (4) | |
| 6. A. Sewage services (CPC 9401) | 1) Unbound 2) None 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| 6. B. Additional environmental services | |
| Refuse disposal services (CPC 9402) | 1) Unbound 2) None 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| Protection of ambient air and climate (CPC 9404) | 1) Unbound 2) None 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| Noise abatement services (CPC 9405) | 1) Unbound 2) None 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| Nature and landscape protection services (CPC 9406) | 1) Unbound 2) None 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| Limited to environmental impact assessments and Consultancy services for environmental protection services (CPC 9409) | 1) Unbound 2) None 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| 6. C. Sanitation services (CPC 94030) | 1) Unbound 2) None 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| Sector or subsector | Limitations on market access |
| 8. HEALTH RELATED AND SOCIAL SERVICES | |
| 8. A. Private hospital services (CPC 9311) | 1) Unbound* 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| 8. B. Other human health services. - Private services of clinical laboratories auxiliary to medical diagnosis (CPC 93199) | 1) Unbound 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| - Other private services auxiliary to medical treatment (CPC 93191) | 1) Unbound 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| - Dental prosthesis laboratory services (CPC 93123) | 1) Unbound 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| 9.TOURISM AND TRAVEL RELATED SERVICES | |
| 9. A. Hotel and restaurant services | |
| -Hotel services (CPC 6411) | 1), 2) and 3) None, except for the requirement of holding a permit to engage in the activity from the competent authority (Central, Regional or Local). 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| -Motel services (CPC 6412) | 1) Unbound* 2) None 3) None, except a permit from the competent authority (Central, Regional or Local) is required to engage in the activity. 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| - Board and lodging in guest houses and furnished accommodation (CPC 64192 and 64193) | 1) Unbound* 2) None 3) None, except a permit from the competent authority (Central, Regional or Local) is required to engage in the activity. 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| - Youth hostels and temporary camping facilities (CPC 64194) | 1) Unbound* 2) None 3) None, except a permit from the competent authority (Central, Regional or Local) is required to engage in the activity. 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| - Camping facilities for mobile homes (trailer parks) (CPC 64195) | 1) Unbound* 2) None 3) None, except a permit from the competent authority (Central, Regional or Local) is required to engage in the activity. 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| -Restaurant services (CPC 642) | 1), 2) and 3) None, except for the requirement of holding a permit to engage in the activity from the competent authority (Central, Regional or Local). 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| - Cabarets and night clubs (CPC 6432) | 1) Unbound* 2) None 3) None, except a permit from the competent authority (Central, Regional or Local) is required to engage in the activity. 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| - Canteens, bars and taverns (CPC 6431) | 1) Unbound* 2) None 3) None, except a permit from the competent authority (Central, Regional or Local) is required to engage in the activity. 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| B. Travel agencies and tour operators (CPC 7471) | 1) None 2) None 3) None, except a permit from the competent authority (Central, Regional or Local) is required to engage in the activity. 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| C. Tourist guide services (CPC 7472) | 1) Unbound* 2) None 3) None, except a permit from the competent authority (Central, Regional or Local) is required to engage in the activity. 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| 9. D. Others | |
| - Spa services (CPC 97029) Only includes: Private services in social centres, recreational and sports. Also, sports clubs services, gyms, spas, swimming pools, sports fields, billiards, bowling, horses and bicycles. Excludes boats rental. | 1), 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| Catering services, providing meals to outside (CPC 6423) (other than service on aircraft and in airports). | 1) Unbound* 2) None 3) None except that a permit from the competent authority (Central, Regional or Local) is required to engage in the activity. 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| Bar services with entertainment (only in hotels and other lodging places). | 1) Unbound* 2) None 3) None, except that a permit from the competent authority (Central, Regional or Local) is required to engage in the activity. 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| Public house services without entertainment (CPC 6431) (except in hotels, other lodging places and other means of transport) | 1) Unbound* 2) None 3) None, except that a permit from the competent authority (Central, Regional or Local) is required to engage in the activity. 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| 10.RECREATIONAL, CULTURAL AND SPORTING SERVICES (other than audiovisual services) | |
| 10. A. Entertainment services (including theatre, live bands and circus) (CPC 9619) | 1), 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| 10. B. News agency services (CPC 962) | 1), 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| 10. C. Libraries, archives, museums and other cultural services (CPC 963) | 1), 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| 10. D. Sporting and other recreational services (CPC 964) | |
| - Sports event organisation services (CPC 96412) | 1) Unbound * 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| - Sports facility operation services (CPC 96413) | 1) Unbound * 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| - Other sporting services (only services provided by sport and game schools) (CPC 96419) | 1) Unbound * 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| -Promotion of sports services (CPC 96411) | 1), 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| 11.TRANSPORT SERVICES | |
| A. Maritime transport services International Transport (freight and passengers) (CPC 7211 and 7212, other than cabotage transport) | 1) Scheduled, bulk, tramp and other international maritime transport, including passenger transport. Specific international deep-sea transport may be reserved wholly or partly for shipping companies which are Mexican, or recognised as such, when the principles of free competition are not observed and the national economy is affected. 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| - Supporting services for water transport (CPC 745) (includes operation and maintenance of docks; loading and unloading of vessels at shore-side; marine cargo handling, operation and maintenance of piers; ship and boat cleaning; stevedoring; transfer of cargo between ships and trucks, trains, pipelines and wharves; waterfront terminal operations) | 1) None 2) None 3) None ) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| -Supporting services for water transport (CPC 745) (limited to Maritime Port Administration, Lake and Rivers) | 1) None 2) None 3) None ) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| -Maritime cargo handling services | 1) Unbound* 2) None 3) None ) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| -Storage and warehousing services, except general bonded warehouses (CPC 742) | 1) Unbound* 2) None 3) None ) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| -Container station and depot services | 1) Unbound* 2) None 3) None ) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| -Maritime agency services | 1) Unbound* 2) None 3) None ) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| -Maritime freight forwarding services | 1) Unbound* 2) None 3) None ) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| -Vessel maintenance and tepair | 1) Unbound* 2) None 3) None ) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| 11. C. Air transport services | |
| e) Supporting services for air transport - Airport and heliport administration services | 1) Unbound 2) None 3) None, except that a concession from the Ministry of Communications and Transport (Secretaría de Comunicaciones y Transportes, SCT) is required to operate an airport. 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| 11.E. Rail transport services. c. Pushing or towing services (CPC 7113) | 1) Unbound * 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| e. Supporting services for railway transport (CPC 743) | 1) Unbound * 2) None 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| 11. F. Road transport services. d) Maintenance and repair of road transport equipment -Motor vehicle maintenance and repair services (CPC 6112 and 8867) | 1), 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| Other supporting services for road transport (CPC 74490) (limited to main bus and truck terminals and bus and truck stations) | 1), 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| e) Supporting services for road transport services Supporting services for road transport (CPC 744) limited to Management Services of Roads, Bridges and Auxiliary Services | 1), 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| 11. G. Pipeline transport. b) Transportation of other goods (CPC 7139) limited to Non-energy Pipelines) | 1), 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| 11. H. Services auxiliary to all modes of transport | |
| - Weighbridge services for transport purposes (CPC 7490) | 1), 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| - Supporting services for air transport | 1), 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| 11. I. Other transport services | |
| - Tramway transport (CPC 71211) | 1) Unbound 2) None 3) None 4) Unbound except as indicated in the Temporary Entry for Business Persons Chapter. |
| - Subway transport (CPC 71211) | 1) Unbound 2) None 3) None 4) Unbound except as indicated in the Temporary Entry for Business Persons Chapter. |
| - Rental of commercial vehicles with operator (CPC 7124) | 1) Unbound 2) None 3) None 4) Unbound except as indicated in the Temporary Entry for Business Persons Chapter. |
| 12. OTHER SERVICES | |
| -Repair of footwear and other articles of leather and skins -Footwear and leather goods repair services (CPC 63301) | 1), 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| -Repair of electronic appliances mainly for household use (CPC 63302) - Repair services of electrical household appliances (CPC 63302) | 1), 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| -Repair of clocks, watches and jewellery (CPC 63303) - Watch, clock and jewellery repair services (CPC 63303) | 1), 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| - Repair and cleaning of headgear | 1), 2) and 3) None (CPC 63304) 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| -Repair of bicycles (CPC 63309) - Bicycle repair (CPC 63309) | 1), 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| - Locksmiths' trade (CPC 63309) | 1) and 2) None 3) None, except that regional and local authorities are responsible for authorising these services. 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
* Unbound due to technical un feasibility.
** The specified service constitutes only a part of the total number of activities covered by the corresponding CPC code.
*** The specified service is an element of a bigger CPC code added in another place in the list.
Annex I. PERU - EXPLANATORY NOTES
1. The Schedule of Peru to this Annex sets out, pursuant to Article 8.11. (Non-Conforming Measures) and Article 9.7 (Non-Conforming Measures), Peru'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-FavouredNation Treatment);
(c) Article 8.9 (Performance Requirements);
(d) Article 8.10 (Senior Management and Boards of Directors);
(e) Article 9.6 (Market Access); or
(f) Article 9.5 (Local Presence).
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 f or 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 measures listed in the Measures element;
(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 provides a general non-binding description of the measure for which the entry is made.
3. Article 9.5 (Local Presence) and Article 9.3 (National Treatment) 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).
4. In accordance with Article 8.11.1 (Non-Conforming Measures) and Article 9.7.1 (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.
Annex I. SCHEDULE OF PERU
Sector: All
Sub-Sector:
Obligations Concerned: National Treatment (Article 8.5)
Level of Government: Central
Measures: Political Constitution of Peru (Constitución Política del Perú) (1993), Article 71
Legislative Decree N° 757, “El Peruano” Official Gazette of November 13, 1991, Framework Law for Private Investment Growth (Ley Marco para el Crecimiento de la Inversión Privada), Article 13
Description: Investment
No foreign national, enterprise constituted under foreign law or enterprise constituted under Peruvian law, and owned in whole or part, directly or indirectly, by foreign nationals may acquire or own, directly or indirectly, by any title, land or water (including mines, forest or energy sources) located within 50 kilometres of the Peruvian border. Exceptions may be authorised by Supreme Decree approved by the Council of Ministers in conformity with law in cases of expressly declared public necessity.
For each case of acquisition or possession within the referred area, the investor shall hand in the corresponding request to the relevant Ministry, pursuant to laws in force. For example, authorisations of this kind have been given in the mining sector.
Sector: Services Related to Fishing
Sub-Sector:
Obligations Concerned: National Treatment (Article 9.3)
Level of Government: Central
Measures: Supreme Decree N° 012-2001-PE, “El Peruano” Official Gazette of March 14, 2001, Regulation of the Fisheries Law (Reglamento de la Ley General de Pesca), Articles 67, 68, 69 and 70
Description: Cross-Border Trade in Services
Before commencing operations, ship owners of foreign flagged fishing vessels must present an unconditional, irrevocable letter of guarantee with automatic execution and joint liability, which will be valid for no more than 30 calendar days after the expiry of the fishing permit, issued for the benefit and to the satisfaction of the Ministry of Production by a financial, banking or insurance institution recognised by the Superintendency of Banking, Insurance and Private Administrators of Pension Funds (Superintendencia de Banca, Seguros y Administradoras Privadas de Fondos de Pensiones (AFP)). Such letter shall be issued in an amount equal to 25 per cent of the amount that must be paid for fishing rights.
A ship owner of a foreign-flagged fishing vessel that is not of large scale (according to the regulation mentioned above) and that operates in Peruvian jurisdictional waters must have a Satellite Tracking System in its vessel, except for ship owners operating in highly migratory fisheries who are excepted from this obligation by a Ministerial Resolution.
Foreign-flagged fishing vessels with a fishing permit must have on board a scientific technical observer appointed by the Sea Institute of Peru (Instituto del Mar del Perú (IMARPE)). The ship owner must provide accommodation on board for that representative and a daily stipend, which must be deposited in a special account to be administered by IMARPE.
Ship owners of foreign-flagged fishing vessels that operate in Peruvian jurisdictional waters must hire a minimum of 30 per cent Peruvian crew, subject to applicable domestic legislation.
Sector: Broadcasting Services
Sub-Sector:
Obligations Concerned: National Treatment (Article 8.5) Local Presence (Article 9.5)
Level of Government: Central
Measures: Law Nº 28278, “El Peruano” Official Gazette of July 16 2004, Radio and Television Law (Ley de Radio y Televisión), Article 24
Description: Investment and Cross-Border Trade in Services
Only Peruvian nationals or juridical persons organised under Peruvian law and domiciled in Peru may be authorised or licensed to offer broadcasting services.
No foreign national may hold an authorisation or a licence directly or through a sole proprietorship.
Sector: Broadcasting Services
Sub-Sector:
Obligations Concerned: Performance Requirements (Article 8.9) National Treatment (Article 9.3)
Level of Government: Central
Measures: Law Nº 28278, “El Peruano” Official Gazette of July 16, 2004, Radio and Television Law (Ley de Radio y Televisión), Eighth Complementary and Final Provision
Description: Investment and Cross-Border Trade in Services
At least 30 per cent, on average, of the total weekly programs by free-to-air broadcasters must be produced in Peru and broadcasted between the hours of 05:00 and 24:00.
Sector: Broadcasting Services
Sub-Sector:
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: Supreme Decree N° 005-2005-MTC, “El Peruano” Official Gazette of February 15, 2005, Regulation of the Radio and Television Law (Reglamento de la Ley de Radio y Televisión), Article 20
Description: Investment and Cross-Border Trade in Services
If a foreign national is, directly or indirectly, a shareholder, partner, or associate in a juridical person, that juridical person may not hold a broadcasting authorisation in a zone bordering that foreign national’s country of origin, except in a case of public necessity authorised by the Council of Ministers.
This restriction does not apply to juridical persons with foreign equity which have two or more current authorisations, as long as they are of the same frequency band.
Sector: All
Sub-Sector:
Obligations Concerned: Senior Management and Boards of Directors (Article 8.10) National Treatment (Article 9.3) Most-Favoured-Nation Treatment (Article 9.4)
Level of Government: Central
Measures: Legislative Decree N° 689, “El Peruano” Official Gazette of November 5, 1991, Law for Foreign Workers Recruitment (Ley para la Contratación de Trabajadores Extranjeros), Articles 1, 3, 4, 5 (modified by Law N° 26196) and 6
Description: Investment and Cross-Border Trade in Services
All employers in Peru, independently of their activity or nationality, shall give preferential treatment to nationals when hiring employees.
Foreign natural persons who are service suppliers and who are employed by a service-supplying enterprise may supply services in Peru under a written and time-limited employment contract, which may not exceed three years.
The contract may be subsequently extended for like periods of time. Service-supplying enterprises must show proof of the company’s commitment to train national personnel in the same occupation.
Foreign natural persons may not represent more than 20 per cent of the total number of employees of an enterprise, and their pay may not exceed 30 per cent of the total payroll for wages and salaries. These percentages will not apply in the following cases:
(a) when the foreign national supplying the service is the spouse, parent, child or sibling of a Peruvian national;
(b) when personnel work for a foreign enterprise supplying international land, air and water transport services under a foreign flag and registration;
(c) when foreign personnel work in a multinational bank or an enterprise that supplies multinational services, subject to the laws governing specific cases;
(d) for a foreign investor, provided that its investment permanently maintains in Peru at least five tax units (Unidad Impositiva Tributaria - UIT) (1) during the life of its contract;
(e) for artists, athletes or other service suppliers engaged in public performances in Peruvian territory, for a maximum of three months a year;
(f) when a foreign national has an immigrant visa;
(g) for a foreign national whose country of origin has a labour reciprocity or dual nationality agreement with Peru; and
(h) when foreign personnel supply services in Peru under a bilateral or multilateral agreement concluded by the Peruvian Government.
Employers may request waivers for the percentages related to the number of foreign employees and their share of the company’s payroll in cases involving:
(a) specialised professional or technical personnel;
(b) directors or management personnel for a new business activity or reconverted business activity;
(c) teachers hired for post-secondary education, or for foreign private elementary and high schools, or for language teaching in local private schools, or for specialised language centres;
(d) personnel working for public or private enterprises with contractual agreements with public organisations, institutions or enterprises;
and
(e) in any other case determined by Supreme Decree pursuant to specialisation, qualification or experience criteria.
Sector: Professional Services
Sub-Sector: Legal services
Obligations Concerned: National Treatment (Article 8.5 and Article 9.3)
Level of Government: Central
Measures: Legislative Decree N° 1049, “El Peruano” Official Gazette of June 26, 2008, Notaries Law (Ley del Notariado), Article 10
Description: Investment and Cross-Border Trade in Services
Only a Peruvian national by birth may supply notary services.
Sector: Professional Services
Sub-Sector: Architectural services
Obligations Concerned: National Treatment (Article 8.5 and Article 9.3)
Level of Government: Central
Measures: Law Nº 14085, “El Peruano” Official Gazette of June 30,1962, Law establishing the Peruvian Association of Architects (Ley de Creación del Colegio de Arquitectos del Perú)
Law Nº 16053, “El Peruano” Official Gazette of February 14, 1966, Professional Practice Law, authorising the Peruvian Associations of Architects and Engineers to supervise Engineering and Architecture professionals of the Nation (Ley del Ejercicio Profesional, Autoriza a los Colegios de Arquitectos e Ingenieros del Perú para supervisar a los profesionales de Ingeniería y Arquitectura de la República), Article 1
National Architects Council Agreement (Acuerdo del Consejo Nacional de Arquitectos), approved in Session Nº 04-2009 of 15 December 2009
Description: Investment and Cross-Border Trade in Services
To practice as an architect in Peru, an individual must join the Peruvian Association of Architects (Colegio de Arquitectos del Perú). The enrolment fees are different for Peruvians and foreigners, and subject to review by the Peruvian Association of Architects (Colegio de Arquitectos del Perú).
Also, to obtain temporary registration, non-resident foreign architects must have a contract of association with a Peruvian architect residing in Peru.
Sector: Professional Services
Sub-Sector: Auditing services
Obligations Concerned: National Treatment (Article 8.5 and Article 9.3) Local Presence (Article 9.5)
Level of Government: Central
Measures: Rules of the Association of Public Accountants of Lima (Reglamento Interno del Colegio de Contadores Públicos de Lima), Articles 145 and 146
Description: Investment and Cross-Border Trade in Services
Auditing societies shall be constituted only by public accountants licensed and resident in the country and duly qualified by the Association of Public Accountants of Lima (Colegio de Contadores Públicos de Lima).
Sector: Security Services
Sub-Sector:
Obligations Concerned: National Treatment (Article 8.5 and Article 9.3) Local Presence (Article 9.5)
Level of Government: Central
Measures: Supreme Decree N° 003-2011-IN, “El Peruano” Official Gazette of March 31, 2011, Regulation of Private Security Services (Reglamento de Servicios de Seguridad Privada), Articles 12, 18, 22, 36, 40, 41, 46, 47 and 48
Description: Investment and Cross-Border Trade in Services
The supply of personal and heritage security services by natural persons is reserved to Peruvian nationals.
Only juridical persons constituted in Peru may apply for an authorisation to supply security services. It must prove its constitution in Peru by a copy of the registration form of the constitution for the enterprise.