38. Sector:

Professional services

Subsector:

Physiotherapy

Obligations Concerned:

National Treatment (Article 13.3)

Market Access (Article 13.5)

Level of Government:

Central

Measurements:

Decree No. 167-95 Law of the Statute of the Employee Physician dated October 9, 1985, Article 10.

Description:

Cross-Border Trade in Services

Employers or employers are prohibited from:

1. To hire or appoint less than ninety percent (90%) of Honduran physicians by birth, a percentage to be calculated based on the total number of doctors to be employed, appointed or contracted.

2. To pay Honduran employees doctors by birth, less than eighty-five percent (85%) of the total salaries that medical personnel earn in the respective company, establishment or institution.

Annex I-HO-39

39. Sector:

Professional services

Subsector:

Obligations Concerned: Level of Government:

Measurements:

Description:

Medical and dental services

National Treatment (Article 13.3)

Most-Favored-Nation Treatment (Article 13.4)

Local Presence (Article 13.6)

Market Access (Article 13.5)

Central

Decree No. 203-1993 of November 4, 1993, Labor Statute of the Dentist, Chapter VI Section II, Article 7 (a).

Chapter II. For Foreign Members, Article 4, Subsections (h), (i) and (j)

Cross-Border Trade in Services

To be a member of the College of Dental Surgeons of Honduras requires for foreigners:

A) proof of having resided permanently in the country for five (5) years or more, after having obtained a professional title. Foreign dentists married to Hondurans, with two (2) or more years of marriage, are exempt from this requirement; Y

B) proof of reciprocity that specifies that Honduran dentists may practice the profession in a similar circumstance in the country of origin.

The hiring or appointment of less than eighty percent (80%) of Honduran dental surgeons in the Dentistry personnel they use is prohibited, except in those cases where a professional of such specialization is not needed in Honduras.

Annex I-HO-40

40. Sector:

Professional services

Subsector:

Obligations affected:

Level of Government: Current Measure:

Description:

Mechanical, Electrical and Mechanical Engineers

National Treatment (Article 13.3)

Most-Favored-Nation Treatment (Article 13.4)

Local Presence (Article 13.6)

Central

Regulation of the Organic Law of the College of Mechanical Engineers, Electricians and Chemicals of Honduras, Articles 4 (b) and (c), and 5 (b) and (c).

Cross-Border Trade in Services

For the provision of professional service foreigners:

A) Must be resident in Honduras.

B) A certificate of reciprocity is required in the country of origin in the professional exercise for membership in the College of Mechanical, Electrical and Chemical Engineers.

Annex I-HO-41

41. Sector:

Professional services:

Subsector:

Civil Engineers

Obligations affected:

National Treatment (Article 13.3)

Level of Government:

Central

Current Measure:

Organic Law, Chapter II, Members of the College, Article 4, subsection (c).

68. Registration of Titles, Subsection a) and B)

Description:

Cross-Border Trade in Services

Foreigners are required to pass a professional examination before the College of Civil Engineers of Honduras (CICH).

Foreign professionals are required to register a degree in the school to carry out a specific job, provided that the college authorizes them after checking the need for their services and the term of stay in the country.

Annex I-HO-42

42. Sector:

Professional services

Subsector:

Obligations affected:

Level of Government: Existing Measures: Description:

Professional Services: psychologists

National Treatment (Article 13.3)

Local presence (Article 13.6)

Central

Regulation of Membership, Chapter I, Article 4 (d).

Cross-Border Trade in Services

To be a member of the College of Psychologists of Honduras and obtain authorization for the exercise of the profession, a foreigner must prove that he has a residence card and a work permit.

Annex I-HO-43

43. Sector:

Professional services

Subsector:

Professional Services: Pedagogues

Obligations affected:

National Treatment (Article 13.3)

Most-Favored-Nation Treatment (Article 13.4)

Level of Government:

Central

Current Measures:

Constitution of the Republic, Articles 34 and 168.

Statute of the College of Pedagogues, Article 8.

Description:

Cross-Border Trade in Services

Foreigners may only work within the limits established by law, perform jobs in science and arts education, and provide technical and advisory services to the State when there are no Hondurans who can perform such jobs and provide such services.

Central American and other national teachers may enter the teaching profession, provided that reciprocity exists in their country of origin.

Annex I-HO-44

44. Sector:

Professional services

Subsector:

Journalists

Obligations affected:

National Treatment (Article 13.3)

Level of Government:

Central

Current Measure:

Decree No. 759, Law of the College of Journalists of Honduras, Article 8, amended by Decree No. 79 of January 1, 1981.

Description:

Cross-Border Trade in Services

For the functions of Director, Sub-Director and Editor-in-Chief, it is required to be Honduran by birth.

In order to exercise the intellectual, political and administrative orientation of print, radio and television newspapers, it is required to be a Honduran by birth.

Annex I-HO-45

45. Sector:

Electric Power Services

Subsector:

Obligations affected:

Market Access (Article 13.5)

Level of Government:

Central

Measurements:

Decree No. 158-94, Framework Law of the Electricity Subsector, Article 23.

Description:

Cross-Border Trade in Services

In order to be able to establish itself in Honduras and to be able to provide electricity distribution services, a company must be constituted as a mercantile company with nominal shares.

Annex I-HO-46

1. The Schedule of a Party to this Annex provides, in accordance with Article

12.7 (Non-Conforming Measures) and Article 13.7 (Non-Conforming Measures), reserves adopted by a Party for sectors, subsectors or activities for which it may maintain existing measures, or adopt new or more restrictive measures, which are inconsistent with obligations imposed by:

(A) Article 12.2 (National Treatment) or Article 13.3 (National Treatment);

(B) Article 12.3 (Most-Favored-Nation Treatment) or Article 13.4 (Most-Favored-Nation Treatment);

(C) Article 12.5 (Senior Executives and Boards of Directors);

(D) Article 12.6 (Performance Requirements);

(E) Article 13.5 (Market Access); or

(F) Article 13.6 (Local Presence).

2. Each reservation in the Party's Schedule establishes the following elements:

(A) Sector refers to the general sector for which the reservation has been made;

(B) Subsector refers to the specific sector for which the reservation has been made;

(C) Obligations Affected specifies the obligation (s) referred to in paragraph 1 which, pursuant to Article 12.7 (Non-Conforming Measures) and Article 13.7 (Non-Conforming Measures), do not apply to sectors, subsectors or activities listed in the reservation; Y

(D) Description establishes the coverage of the sectors, subsectors or activities covered by the reserve.

3. In accordance with Article 12.7 (Non-Conforming Measures) and Article

13.7 (Non-Conforming Measures), the Articles of this Agreement specified in the Affected Obligations element of a reservation do not apply to the sectors, subsectors and activities identified in the Description element of that reservation.

1. Sector All Sectors

Subsector:

Obligations Concerned: Most-Favored-Nation Treatment (Articles 12.3 and 13.4)

Description: Investment and Cross-Border Trade in Services

Peru reserves the right to adopt or maintain any measure that grants differential treatment to countries of

Accordance with any bilateral or multilateral international treaty in force or subscribed prior to the date of entry into force of this Agreement.

Peru reserves the right to adopt or maintain any measure that grants differential treatment to countries of