Sector: Agriculture Services
Sub-Sector:
Industry Classification: CMAP 971010 Provision of Agricultural Services
Obligations Concerned: National Treatment (Article 10.3) Local Presence (Article 10.6)
Level of Government: Central
Measures: United Mexican States Political Constitution (Constitución Política de los Estados Unidos Mexicanos), Article 32 Plant Health Federal Law (Ley Federal de Sanidad Vegetal), Title II, Chapter IV Regulations to the Phytosanitary Law of the United Mexican States (Reglamento de la Ley de Sanidad Fitopecuaria de los Estados Unidos Mexicanos), Chapter VII
Description: Cross-Border Trade in Services
A concession granted by the Ministry of Agriculture, Livestock, Rural Development, Fishing and Food (Secretaría de Agricultura, Ganadería, Desarrollo Rural, Pesca y Alimentación, SAGARPA) is required to spray pesticides. Only Mexican nationals or Mexican enterprises may obtain such a concession.
Sector: Transportation
Sub-Sector: Air transportation
Industry Classification: CMAP 384205 Manufacture, Assembly and Repair of Aircraft (limited to repair of aircrafts)
Obligations Concerned: Local Presence (Article 10.6)
Level of Government: Central
Measures: Civil Aviation Law (Ley de Aviación Civil), Chapter III, Section II Civil Aviation Regulations (Reglamento de la Ley de Aviación Civil), Chapter VII
Description: Cross-Border Trade in Services
A permit issued by the Ministry of Communications and Transportation (Secretaría de Comunicaciones y Transportes, SCT) is required to establish and operate, or operate and exploit, an aircraft repair facility and centres for teaching and training of personnel. To obtain such permission the interested party must prove that the aircraft repair facilities and centres for teaching and training of personnel have their domicile in Mexico.
Sector: Transportation
Sub-Sector: Air transportation
Industry Classification: CMAP 973302 Airport and Heliport Management Services
Obligations Concerned: National Treatment (Article 9.4) Local Presence (Article 10.6)
Level of Government: Central
Measures: United Mexican States Political Constitution (Constitución Política de los Estados Unidos Mexicanos), Article 32 General Means of Communication Law (Ley de Vías Generales de Comunicación), Book I, Chapters I,II and III Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III Civil Aviation Law (Ley de Aviación Civil), Chapters I and IV Airports Law (Ley de Aeropuertos), Chapter III Regulations to the Airports Law (Reglamento de la Ley de Aeropuertos), Title II, Chapters I, II and III
Description: Investment and Cross-Border Trade in Services
A concession granted by the Ministry of Communications and Transportation (Secretaría de Comunicaciones y Transportes, SCT) is required to construct and operate, or operate, airports and heliports. Only Mexican enterprises may obtain such a concession. Favourable resolution from the National Commission on Foreign Investment (Comisión Nacional de Inversiones Extranjeras, CNIE) is required for investors of another Party or their investments to own, directly or indirectly, more than 49 per cent of the ownership interest in an enterprise established or to be established in the territory of Mexico that is a concessionaire or permissionaire of airfields for public service. When deciding, the CNIE will consider that the national and technological development be favoured, and that the sovereign ANNEX I – MEXICO – 45 integrity of the Nation be protected.
Sector: Transportation
Sub-Sector: Air transportation
Industry Classification: CMAP 713001 Scheduled Air Transport Services on Domestically Registered Aircraft CMAP 713002 Non-Scheduled Air Transport (Air Taxis)
Obligations Concerned: National Treatment (Article 9.4) Senior Management and Boards of Directors (Article 9.11)
Level of Government: Central
Measures: Civil Aviation Law (Ley de Aviación Civil), Chapters IX and X Regulations to the Civil Aviation Law (Reglamento de la Ley de Aviación Civil), Title II, Chapter I Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III As qualified by the Description element
Description: Investment
Investors of another Party or their investments may only own, directly or indirectly, up to 25 per cent of the voting interests in an enterprise established or to be established in the territory of Mexico that provides commercial air services on Mexican-registered aircraft. The chairman and at least two-thirds of the boards of directors and two-thirds of the managing officers of such an enterprise must be Mexican nationals. Only Mexican nationals and Mexican enterprises in which 75 per cent of the voting interest is owned or controlled by Mexican nationals and of which the chairman and at least two-thirds of the managing officers are Mexican nationals, may register an aircraft in Mexico.
Sector: Transportation
Sub-Sector: Specialty air services
Industry Classification:
Obligations Concerned: National Treatment (Article 9.4) Senior Management and Boards of Directors (Article 9.11) Local Presence (Article 10.6)
Level of Government: Central
Measures: General Means of Communications Law (Ley de Vías Generales de Comunicación), Book I, Chapter III Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III Civil Aviation Law (Ley de Aviación Civil), Chapters I, II, IV and IX As qualified by the Description element
Description: Investment
Investors of another Party or their investments may only own, directly or indirectly, up to 25 per cent of the voting interests in an enterprise established or to be established in the territory of Mexico that provides specialty air services using Mexican-registered aircraft. The chairman and at least two-thirds of the board of directors and two-thirds of the managing officers of such an enterprise must be Mexican nationals. Only Mexican nationals and Mexican enterprises in which 75 per cent of the voting interests is owned or controlled by Mexican nationals and of which the chairman and at least two-thirds of the managing officers are Mexican nationals may register an aircraft in Mexico. Cross-Border Trade in Services A permit issued by the Ministry of Communications and Transportation (Secretaría de Comunicaciones y Transportes, is required to provide all specialty air services in the territory of Mexico. Such a permit may only be granted when the person interested in the supply of these services has domicile in the territory of Mexico.
Sector: Transportation
Sub-Sector: Water transportation
Industry Classification: CMAP 973203 Maritime Port Administration, Lake and Rivers
Obligations Concerned: National Treatment (Article 9.4)
Level of Government: Central
Measures: Ports Law (Ley de Puertos), Chapters IV and V Regulations to the Ports Law (Reglamento de la Ley de Puertos) Title I, Chapters I and VI Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III
Description: Investment
Investors of another Party or their investments may only own, directly or indirectly, up to 49 per cent of the ownership interest of a Mexican enterprise authorised to act as an integral port administrator.
Sector: Transportation
Sub-Sector: Water transportation
Industry Classification: CMAP 384201 Manufacture and Repair of Vessels
Obligations Concerned: National Treatment (Article 10.3) Local Presence (Article 10.6)
Level of Government: Central
Measures: United Mexican States Political Constitution (Constitución Política de los Estados Unidos Mexicanos), Article 32 General Means of Communication Law (Ley de Vías Generales de Comunicación), Book I, Chapters I, II and III Commercial and Navigation Maritimes Law (Ley de Navegación y Comercio Marítimos), Title I, Chapter II Ports Law (Ley de Puertos), Chapter IV
Description: Cross-Border Trade in Services
A concession granted by the Ministry of Communications and Transportation (Secretaría de Comunicaciones y Transportes, SCT) is required to establish and operate, or operate, a shipyard. Only Mexican nationals and Mexican enterprises may obtain such a concession.
Sector: Transportation
Sub-Sector: Water transportation
Industry Classification: CMAP 973201 Water Transport Loading and Unloading Services (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)
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Local Presence (Article 10.6)
Level of Government: Central
Measures: United Mexican States Political Constitution (Constitución Política de los Estados Unidos Mexicanos), Article 32 Commercial and Navigation Maritimes Law (Ley de Navegación y Comercio Marítimos), Title I, Chapter II, and Title II, Chapters IV and V Ports Law (Ley de Puertos), Chapters II, IV and VI General Means of Communication Law (Ley de Vías Generales de Comunicación), Book I, Chapters I, II and III Regulations to the Use and Enjoyment of the Territorial Sea, Water Ways, Beaches, Relevant Federal Coastal Zone and Lands Gained to the Sea (Reglamento para el Uso y Aprovechamiento del Mar Territorial, Vías Navegables, Playas, Zona Federal Marítimo Terrestre y Terrenos Ganados al Mar), Chapter II, Section II As qualified by the Description element
Description: Investment and Cross-Border Trade in Services
Favourable resolution from the National Commission on Foreign Investment (Comisión Nacional de Inversiones Extranjeras, CNIE) is required for investors of another Party or their investments to own, directly or indirectly, more than 49 per cent of the ownership interest in an enterprise, established or to be established in the territory of Mexico providing port services to vessels for inland navigation such as towing, mooring and tendering. A concession granted by the Ministry of Communications and Transportation (Secretaría de Comunicaciones y Transportes, SCT) is required to construct and operate, or operate, maritime and inland port terminals, including docks, cranes and related facilities. Only Mexican nationals and Mexican enterprises may obtain such a concession. A permit issued by the SCT is required to provide stevedoring and warehousing services. Only Mexican nationals and Mexican enterprises may obtain such a permit.
Sector: Transportation
Sub-Sector: Water transportation
Industry Classification: CMAP 973203 Maritime and Inland (Lake and Rivers Ports Administration)
Obligations Concerned: National Treatment (Article 9.4)
Level of Government: Central
Measures: Commercial and Navigation Maritimes Law (Ley de Navegación y Comercio Marítimos), Title III, Chapter III Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III Ports Law (Ley de Puertos), Chapters IV and VI
Description: Investment
Investors of another Party or their investments may only participate, directly or indirectly, up to 49 per cent in Mexican enterprises engaged in the supply of piloting port services to vessels operating in inland navigation.
Sector: Transportation
Sub-Sector: Water transportation
Industry Classification: CMAP 712011 International Maritime Transportation Services CMAP 712012 Cabotage Maritime Services CMAP 712013 International and Cabotage Towing Services CMAP 712021 River and Lake Transportation Services CMAP 712022 Internal Port Water Transportation Services
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4)
Level of Government: Central
Measures: Commercial and Navigation Maritimes Law (Ley de Navegación y Comercio Marítimos), Title III, Chapter I Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III Economic Competition Federal Law (Ley Federal de Competencia Económica), Chapter IV As qualified by the Description element
Description: Investment and Cross-Border Trade in Services
The operation or exploitation of high-seas navigation vessels, including transport and international towing services is open to ship-owners and vessels of all countries, on the basis of reciprocity according to international treaties. With the prior opinion of the Federal Competition Commission (Comisión Federal de Competencia, CFC), the Ministry of Communications and Transportation (Secretaría de Comunicaciones y Transportes, SCT) may reserve, totally or partially, certain international high-seas freight transportation services, which could only be carried out by Mexican shipping enterprises with Mexican-flagged vessels or vessels reputed as such when the principles of free competition are not respected or the national economy is affected. For greater certainty the previous sentence does not apply to Canada.
The operation and exploitation of cabotage and inland navigation is reserved for Mexican ship-owners with Mexican vessels. When Mexican vessels are not appropriate and available with the same technical conditions, or it is required by the public interest, the SCT may provide temporary navigation permits to operate and exploit to Mexican ship-owners with a foreign vessel in accordance with the following priorities: (a) Mexican ship-owner with a foreign vessel under a bareboat charter party; and (b) Mexican ship-owner with a foreign vessel under any type of charter party. The operation and exploitation in inland navigation and cabotage of tourist cruises as well as dredges and maritime devices for the construction, preservation and operation of ports may be carried out by Mexican or foreign shipping enterprises using Mexican or foreign vessels or maritime devices, on the basis of reciprocity with a Party, endeavouring to give priority to Mexican enterprises and complying with applicable laws. With the prior opinion of the CFC, the SCT may resolve that totally or partially, certain cabotage or high-seas traffic could only be carried by Mexican shipping enterprises with Mexican vessels or reputed as such in the absence of conditions of effective competition on the relevant market as per the terms of the Economic Competition Federal Law. Investors of another Party or their investments may only own, directly or indirectly, up to 49 per cent of the ownership interest in a Mexican shipping enterprise or Mexican vessels, established or to be established in the territory of Mexico, which is engaged in the commercial exploitation of vessels for inland and coastal navigation, excluding tourism cruises and exploitation of dredges and maritime devices for the construction, preservation and operation of ports. Favourable resolution from the National Commission of Foreign Investments (Comisión Nacional de Inversiones Extranjeras, CNIE) is required for investors of another Party or their investments to own, directly or indirectly, more than 49 per cent of the ownership interest in an enterprise established or to be established in the territory of Mexico engaged in high-seas navigation services and port towing services.
Sector: Transportation
Sub-Sector: Non-energy pipelines Industry Classification:
Obligations Concerned: National Treatment (Article 10.3) Local Presence (Article 10.6)
Level of Government: Central
Measures: United Mexican States Political Constitution (Constitución Política de los Estados Unidos Mexicanos), Article 32 General Means of Communication Law (Ley de Vías Generales de Comunicación), Book I, Chapters I, II and III National Waters Federal Law (Ley de Aguas Nacionales), Title I, Chapter II, and Title IV, Chapter II
Description: Cross-Border Trade in Services
A concession granted by the Ministry of Communications and Transportation (Secretaría de Comunicaciones y Transportes, SCT) is required to construct and operate, or operate, pipelines carrying goods other than energy or basic petrochemicals. Only Mexican nationals and Mexican enterprises may obtain such a concession.
Sector: Transportation
Sub-Sector: Railway transportation services
Industry Classification: CMAP 711101 Railway Transport Services
Obligations Concerned: National Treatment (Articles 9.4 and 10.3) Local Presence (Article 10.6)
Level of Government: Central
Measures: Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III Regulatory Law of the Railway Service (Ley Reglamentaria del Servicio Ferroviario) Chapters I and II, Section III Regulations to the Railway Service (Reglamento del Servicio Ferroviario), Title I, Chapters I, II and III, Title II, Chapters I and IV, and Title III, Chapter I, Sections I and II
Description: Investment and Cross-Border Trade in Services
Favourable resolution from the National Commission of 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 an enterprise established or to be established in the territory of Mexico engaged in the construction, operation and exploitation of railroads deemed general means of communication, or in the supply of railway transportation public service. When deciding, the CNIE will consider that the national and technological development be favoured, and that the sovereign integrity of the Nation be protected. A concession granted by the Ministry of Communications and Transportation (Secretaría de Comunicaciones y Transportes, SCT) is required to construct, operate and exploit railway transportation services and to provide railway transportation public service. Only Mexican enterprises may obtain such a concession. A permit issued by SCT is required to provide auxiliary services; the construction of entry and exit facilities, crossings and marginal facilities in the right of way; the installation of advertisements and publicity signs in the right of way; and the construction and operation of bridges over railway lines. Only Mexican nationals and Mexican enterprises may obtain such a permit.
Sector: Transportation
Sub-Sector: Land transportation
Industry Classification: CMAP 973101 Management Services of Passenger Bus Terminals and Auxiliary Services (limited to main bus and truck terminals and bus and truck stations)
Obligations Concerned: National Treatment (Article 10.3) Most-Favoured-Nation Treatment (Article 10.4) Local Presence (Article 10.6)
Level of Government: Central
Measures: Roads, Bridges and Federal Road Transport Law (Ley de Caminos, Puentes y Autotransporte Federal), Title I, Chapter III Regulations to the Enjoyment of the Right of Way of the Federal Roads and Surrounding Zones (Reglamento para el Aprovechamiento del Derecho de Vía de las Carreteras Federales y Zonas Aledañas), Chapters II and IV Regulations to the Federal Road Transport and Auxiliary Services (Reglamento de Autotransporte Federal y Servicios Auxiliares), Chapter I
Description: Cross-Border Trade in Services
A permit issued by the Ministry of Communications and Transportation (Secretaría de Comunicaciones y Transportes, SCT) is required to establish, or operate, a bus or truck station or terminal. Only Mexican nationals and Mexican enterprises may obtain such a permit. To obtain such permit the interested party must prove that they have their domicile in Mexico.
Sector: Transportation
Sub-Sector: Land transportation
Industry Classification: CMAP 973102 Management Services of Roads, Bridges and Auxiliary Services Obligations Concerned: National Treatment (Article 10.3) Local Presence (Article 10.6)
Level of Government: Central
Measures: United Mexican States Political Constitution (Constitución Política de los Estados Unidos Mexicanos), Article 32 Roads, Bridges and Federal Road Transport Law (Ley de Caminos, Puentes y Autotransporte Federal), Title I, Chapter III Regulations to the Federal Road Transport and Auxiliary Services (Reglamento de Autotransporte Federal y Servicios Auxiliares), Chapters I and V.
Description: Cross-Border Trade in Services
A permit granted by the Ministry of Communications and Transportation (Secretaría de Comunicaciones y Transportes, SCT) is required to provide auxiliary services to federal road transportation. Only Mexican nationals and Mexican enterprises may obtain such a permit. For greater certainty, auxiliary services are not part of federal road transportation of passengers, tourism or cargo, but they complement their operation and exploitation.
Sector: Transportation
Sub-Sector: Land transportation
Industry Classification: CMAP 711201 Construction Materials Transport Services CMAP 711202 Moving Services CMAP 711203 Other Specialised Freight Transport Services CMAP 711204 General Freight Transport Services CMAP 711311 Long-Distance Passenger Bus and Coach Transport Services CMAP 711318 School and Tourist Transport Services (limited to tourist transport services) CMAP 720002 Courier services
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Local Presence (Article 10.6) Level of Government: Central Measures: Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter II Roads, Bridges and Federal Road Transport Law (Ley de Caminos, Puentes y Autotransporte Federal), Title I, Chapter I and III Regulations to the Federal Road Transport and Auxiliary Services (Reglamento de Autotransporte Federal y Servicios Auxiliares), Chapter I As qualified by the Description element
Description: Investment and Cross-Border Trade in Services
Investors of another Party or their investments may not own, directly or indirectly, an ownership interest in an enterprise established or to be established in the territory of Mexico, engaged in transportation services of domestic cargo between points in the territory of Mexico, except for parcel and courier services. A permit issued by the Ministry of Communications and Transportation (Secretaría de Comunicaciones y Transportes, is required to provide inter-city bus services, tourist transportation services or truck services for the transportation of goods or passengers to or from the territory of Mexico. Only Mexican nationals and Mexican enterprises with a foreigners’ exclusion clause, using Mexican registered equipment that is Mexican-built or legally imported, and drivers who are Mexican nationals, may provide bus or truck services for transportation of goods or passengers between points in the territory of Mexico. A permit issued by the SCT is required to provide parcel and courier services. Only Mexican nationals and Mexican enterprises may provide such services.
Sector: Transportation
Sub-Sector: Railway transportation services
Industry Classification: CMAP 711101 Transport Services Via Railway (limited to railway crew) Obligations Concerned: National Treatment (Article 10.3)
Level of Government: Central
Measures: Federal Labor Law (Ley Federal del Trabajo), Title VI, Chapter V
Description: Cross-Border Trade in Services
Railway crew members must be Mexican nationals.
Sector: Transportation
Sub-Sector: Land transportation
Industry Classification: CMAP 711312 Urban and Suburban Passenger Bus and Coach Transport Services CMAP 711315 Motor Vehicle Taxi Transport Services CMAP 711316 Motor Vehicle Fixed Route Transport Services CMAP 711317 Transport Services in Motor Vehicles from Taxi-Ranks CMAP 711318 School and Tourist Transport Services (limited to school transport services)
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3)
Level of Government: Central
Measures: Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter II General Means of Communication Law (Ley de Vías Generales de Comunicación), Book I, Chapters I and II Roads, Bridges and Federal Road Transport Law (Ley de Caminos, Puentes y Autotransporte Federal), Title I, Chapter III Regulations to the Federal Road Transport and Auxiliary Services (Reglamento de Autotransporte Federal y Servicios Auxiliares), Chapter I
Description: Investment and Cross-Border Trade in Services
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.
Sector: Communications
Sub-Sector: Entertainment services (Cinema)
Industry Classification: CMAP 941103 Private Exhibition of Films
Obligations Concerned: Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4) National Treatment (Article 10.3)
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.
Sector: All
Sub-Sector:
Industry Classification:
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11) Local Presence (Article 10. 6)
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
SCHEDULE OF NEW ZEALAND
INTRODUCTORY NOTES
1. Description sets out the non-conforming measure to which the entry applies.