Existing Measures: Section 4, Industrial Co-Ordination Act 1975 [Act 156] Explosives Act 1957 [Act 207] Arms Act 1960 [Act 206]
Sector: Gaming, Betting and Gambling including supply and suppliers of betting and gambling equipment, wholesale and retail of gambling equipment
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11) Market Access (Article 10.5) Local Presence (Article 10.6)
Description: Investment and Cross-Border Trade in Services
Malaysia reserves the right to adopt or maintain any measures relating to the provision of gaming, betting and gambling including supply and suppliers of betting and gambling equipment, wholesale and retail.
Existing Measures: Lotteries Act 1952 [Act 288] Common Gaming Houses Act 1953 [Act 289] Pool Betting Act 1967 [Act 384] Betting Act 1953 [Act 495] Racing (Totalisator Board) Act 1961 [Act 494] Racing Club (Public Sweepstakes) Act 1965 [Act 404] Customs (Prohibition of Imports) Order 2008 (P.U. (A) 86/2008)
Sector: Non-medical utilisation/application of atomic energy for: (a) electric power plants based on fossil fuel/materials; (b) nuclear power generation including nuclear fuel cycle; and (c) electric power generation.
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) Market Access (Article 10.5) Local Presence (Article 10.6)
Description: Investment and Cross-Border Trade in Services
Malaysia reserves the right to adopt or maintain any measures relating to non-medical utilisation or application of atomic energy for: (a) electric power plants based on fossil fuel or materials; (b) nuclear power generation including nuclear fuel cycle; and (c) electric power generation.
Existing Measures: Atomic Energy Licensing Act 1984 [Act 304]
Sector: Cultural Services
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) Market Access (Article 10.5)
Description: Investment and Cross-Border Trade in Services
Malaysia reserves the right to review the following products following their importation and distribution in the Malaysian market to ensure their consistency with Malaysia’s decency standards: books, magazines, periodicals or newspapers, works of art and films imported into Malaysia, programming licensed for broadcast on television, cable and satellite stations. In addition, prior approval is required for any arts, filming and performances by foreign artist and such activities shall comply with the Central Agency for Application for Filming and Performance by Foreign Artistes (PUSPAL) Guidelines. Such review and pre-approval shall be administered in an objective, transparent and impartial manner, and consistent, where applicable, with Article 2.3 (National Treatment) and the Communications and Multimedia Act 1998 [Act 588].
Existing Measures: Printing Presses and Publications Act 1984 [Act 301] Akta Perbadanan Kemajuan Filem Nasional Malaysia 1981 [Act 244] Akta Perbadanan Kemajuan Kraftangan Malaysia 1979 [Act 222] Dasar Industri Kreatif Negara (DIKN) 2010 Central Agency Committee for Application for Filming and Performance by Foreign Artistes (PUSPAL) Guidelines
Sector: Wholesale and Distribution Services
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Local Presence (Article 10.6)
Description: Investment and Cross-Border Trade in Services
Malaysia reserves the right to adopt or maintain any measures relating to wholesale and distribution services for rice, sugar (other than refined sugar for food and beverage manufacturers), flour, liquor and alcoholic beverages, tobacco and cigarettes products.
Sector: Sewage and Refuse Disposal Sanitation and other Environmental Protection Services
Obligations Concerned: National Treatment (Article 9.4)
Description: Investment
Malaysia reserves the right to adopt or maintain any measures relating to the collection, treatment and disposal of hazardous waste (excluding carbon gases).
Existing Measures: Environmental Quality Act 1974 [Act 127]
Sector: Air Transport Services
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Senior Management and Boards of Directors (Article 9.11) Market Access (Article 10.5) Local Presence (Article 10.6)
Description: Cross-Border Trade in Services
Malaysia reserves the right to adopt and maintain any measure affecting: (a) airport operation services; (b) aircraft repair and maintenance services; (c) ground handling services; and (d) specialty air services; and Investment (e) air transport services covering passenger and freight transportation frequencies and routing by air.
Sector: Passenger Road Transportation Services covering taxi services and scheduled passenger road transportation
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Performance Requirements (Article 9.10) Local Presence (Article 10.6)
Description: Investment and Cross-Border Trade in Services
Malaysia reserves the right to adopt or maintain any measures relating to passenger and scheduled passenger road transportation services covering urban and sub-urban regular transportation, railway, taxi services; and bus, taxi and rail station services.
Sector: Legal Services covering mediation and Shari’a law
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)
Description: Investment and Cross-Border Trade in Services
Malaysia reserves the right to adopt or maintain any measures relating to mediation and Shari’a law.
Sector: All
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3)
Description: Investment and Cross-Border Trade in Services
Malaysia reserves the right to adopt or maintain any measures related to the non-internationalisation of ringgit which includes: (a) the requirement for international settlement to be made in foreign currency; (b) limitation on the access to ringgit financing by non-residents for use outside Malaysia; and (c) limitation on the use of ringgit in Malaysia by non-residents.
Existing Measures: Central Bank of Malaysia Act 2009 [Act 701] Financial Services Act 2013 [Act 758] Islamic Financial Services Act 2013 [Act 759] Notices on Foreign Exchange Administration Rules
Sector: Social Services
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)
Description: Investment and Cross-Border Trade in Services
Malaysia reserves the right to adopt or maintain any measure with respect to the supply of 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.
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.
Sector: All
Sub-Sector:
Industry Classification:
Obligations Concerned: National Treatment (Article 10.3)
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 federal, state or local governments.
Existing Measures:
Sector: Energy
Sub-Sector: Oil and other hydrocarbons, Electricity
Industry Classification:
Obligations Concerned: National Treatment (Article 9.4)
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 existing Annex I non-conforming measures and shall be subject to paragraphs 1, 3 and 7 of Article 9.12 (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: United Mexican States Political Constitution (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)
The Electric Industry Law (Ley de la Industria Eléctrica)
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 9.4 and Article 10.3) Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4) Senior Management and Boards of Directors (Article 9.11) Local Presence (Article 10.6)
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:
Sector: Minority Affairs
Sub-Sector:
Industry Classification:
Obligations Concerned: National Treatment (Article 10.3) Local Presence (Article 10.6)
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: United Mexican States Political Constitution, Article 4 (Constitución Política de los Estados Unidos Mexicanos)
Sector: Social Services
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: 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: United Mexican States Political Constitution (Constitución Política de los Estados Unidos Mexicanos), Articles 4, 17, 18, 25, 26, 28 and 123
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 10.3) Most-Favoured-Nation Treatment (Article 10.4) Local Presence (Article 10.6)
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: United Mexican States Political Constitution (Constitución Política de los Estados Unidos Mexicanos), Article 32
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
Obligations Concerned: National Treatment (Article 9.4) Most-Favoured-Nation Treatment (Article 9.5) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11)
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, 3 and 7 of Article 9.12 (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, 3 and 7 of Article 9.12 (Non-Conforming Measures).
(a) Telegraph, radiotelegraph and postal services;
(b) Issuance of bills (currency) and minting of coinage;
(c) Control, inspection and surveillance of maritime and inland ports;
(d) Control, inspection and surveillance of airports and heliports; and
(e) Nuclear power.
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)
Sector: All
Sub-Sector:
Obligations Concerned: Most-Favoured-Nation Treatment (Article 9.5)
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