Trans-Pacific Partnership (TPP) (2016)
(c) maritime matters, including salvage.
Sector: All
Sub-Sector:
Obligations Concerned: Market Access (Article 10.5)
Level of Government: Central and Regional
Description: Cross-Border Trade in Services
Mexico reserves the right to adopt or maintain any measure related to Article 10.5 (Market Access), except for the following sectors and sub-sectors subject to the limitations and conditions listed below.
For the purpose of this entry:
(a) “1)” refers to the supply of a service from the territory of one Party into the territory of any other Party;
(b) “2)” refers to the supply of a service in the territory of one Party by a person of that Party to a person of the other Party;
(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;
(b) applies to regional level 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 10.5 (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.BUSINESS SERVICES | |
| 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. |
(1) In order to practise a profession in Mexico, it is necessary to have a degree that has been recognised or confirmed by the Ministry of Public Education (Secretaría de Educación Pública) and also to obtain a professional licence. There are special requirements to be met by engineers, architects and doctors.
| 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 (Instituto 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 allow 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. |
| 2.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 (Secretaría de Gobernación). 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 IFT 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 (Secretaría de Gobernación). 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; II. 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. |
(2) Companies which, without owning transmission means, provide third parties with telecommunications services by using capacity leased from a public network concessionaire.
(3) Value Added Services are not those services for which its establishment, operation or exploitation make use of transmission infrastructure owned by the service provider, unless the service provider has the appropriate license or permit to establish, operate or exploit a public telecommunications network. It does not include those value-added services, the provision requiring the obtaining of licenses and permits including, without limitation, the following services: voice telephony, regardless of the technology used (VoIP) in its modalities of local service; long distance telephony; simple resale of leased private circuits, mobile telephony, mobile or fixed radio telephony, cable television, paid television using microwaves and satellite; paging services, trucking services; private or maritime radio-communication: restricted radio; data transmission; videoconferencing and vehicle radiolocation.
| Sector or subsector | Limitations on market access |
| 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 (Secretaría 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 (Secretaría 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 (Secretaría de Educación Pública, SEP) or the State authority. 4) Unbound, except as indicated in the ANNEX II – MEXICO – 29 |
| 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 (Secretaría 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 (Secretaría 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. |
(4) The level of disaggregation of each of this sector’s subsectors is interpreted in accordance with Mexico’s domestic legislative framework and may not correspond exactly to the stated CPC classification.
| 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 4) 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 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| -Maritime cargo handling services | 1) Unbound* 2) and 3) None 4) 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) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| -Container station and depot services | 1) Unbound* 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| -Maritime agency services | 1) Unbound* 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| -Maritime freight forwarding services | 1) Unbound* 2) and 3) None 4) Unbound, except as indicated in the Temporary Entry for Business Persons Chapter. |
| -Vessel maintenance and repair | 1) Unbound* 2) and 3) None 4) 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 except as indicated in the horizontal section 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 except as indicated in the horizontal section 2) and 3) None 4) Unbound except as indicated in the Temporary Entry for Business Person 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 (CPC 63304) | 1), 2) and 3) None 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 unfeasibility.
** 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.
SCHEDULE OF NEW ZEALAND
Sector: All
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
New Zealand reserves the right to adopt or maintain any measure with respect to:
(a) the provision of public law enforcement and correctional services; and
(b) the following, to the extent that they are social services established for a public purpose:
(i) childcare;
(ii) health;
(iii) income security and insurance;
(iv) public education;
(v) public housing;
(vi) public training;
(vii) public transport;
(viii) public utilities; (1)
(xi) social security and insurance; and
(x) social welfare.
(1) Only with respect to utility services for which exclusive rights or government support are accorded by the central government for the purpose of ensuring the affordability, availability or accessibility of such services. This footnote does not apply to measures adopted or maintained by a local government.
Sector: All
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Senior Management and Boards of Directors (Article 9.11) Local Presence (Article 10.6)
Description: Investment and Cross-Border Trade in Services
New Zealand reserves the right to adopt or maintain any measure with respect to water, including the allocation, collection, treatment and distribution of drinking water.
This reservation does not apply to the wholesale trade and retail of bottled mineral, aerated and natural water.
Sector: All
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
New Zealand reserves the right to adopt and maintain any measure solely as part of the act of devolving a service that is provided in the exercise of governmental authority at the date of entry into force of the Agreement. Such measures may include:
(a) restricting the number of service suppliers;
(b) allowing an enterprise, wholly or majority owned by the Government of New Zealand, to be the sole service supplier or one amongst a limited number of service suppliers;
(c) imposing restrictions on the composition of senior management and boards of directors;
(d) requiring local presence; and
(e) specifying the juridical form of the service supplier.
Sector: All
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)
Description: Investment and Cross-Border Trade in Services
Where the New Zealand Government wholly owns or has effective control over an enterprise, then New Zealand reserves the right to adopt or maintain any measure regarding the sale of any shares in that enterprise or any assets of that enterprise to any person, including according more favourable treatment to New Zealand nationals.
Entities within the scope of this reservation include state-owned enterprises at the central level of government. For transparency purposes, such enterprises include:
(a) Airways Corporation of New Zealand Limited;
(b) Animal Control Products Limited;
(c) AsureQuality Limited;
(d) Electricity Corporation of New Zealand Limited;
(e) KiwiRail Holdings Limited;
(f) Kordia Group Limited;
(g) Landcorp Farming Limited;
(h) Learning Media Limited;
(i) Meteorological Service of New Zealand Limited;
(j) New Zealand Post Limited;
(k) New Zealand Railways Corporation;
(l) Quotable Value Limited;
(m) Solid Energy New Zealand Limited;
(n) Terralink NZ Limited; and
(o) Transpower New Zealand Limited.
Sector: All
Obligations Concerned: National Treatment (Article 9.4) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11)
Description: Investment
New Zealand reserves the right to adopt or maintain any measure that sets out the approval criteria to be applied to the categories of overseas investment that require approval under New Zealand’s overseas investment regime.
For transparency purposes those categories, as set out in Annex I – New Zealand – 12 and 13, are:
(a) acquisition or control by non-government sources of 25 per cent or more of any class of shares (2) or voting power (3) in a New Zealand entity where either the consideration for the transfer or the value of the assets exceeds NZ$200 million;
(b) commencement of business operations or acquisition of an existing business by non-government sources, including business assets, in New Zealand, where the total expenditures to be incurred in setting up or acquiring that business or those assets exceed NZ$200 million;
(c) acquisition or control by government sources of 25 per cent or more of any class of shares (4) or voting power (5) in a New Zealand entity where either the consideration for the transfer or the value of the assets exceeds NZ$100 million;
(d) commencement of business operations or acquisition of an existing business by government sources, including business assets, in New Zealand, where the total expenditures to be incurred in setting up or acquiring that business or those assets exceed NZ$100 million;
(e) acquisition or control, regardless of dollar value, of certain categories of land that are regarded as sensitive or require specific approval according to New Zealand’s overseas investment legislation; and
(f) any transaction, regardless of dollar value, that would result in an overseas investment in fishing quota.
Existing Measures: Overseas Investment Act 2005
Fisheries Act 1996
Overseas Investment Regulations 2005
(2) For greater certainty, the term “shares” includes shares and other types of securities.
(3) For greater certainty, “voting power” includes the power to control the composition of 25 per cent or more of the governing body of the New Zealand entity.
(4) For greater certainty, the term “shares” includes shares and other types of securities.
(5) For greater certainty, “voting power” includes the power to control the composition of 25 per cent or more of the governing body of the New Zealand entity.
Sector: All
Obligations Concerned: Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4)
Description: Investment and Cross-Border Trade in Services
New Zealand reserves the right to adopt or maintain any measure that accords differential treatment to a Party or a non-Party under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement.
New Zealand reserves the right to adopt or maintain any measure that accords differential treatment to a Party or a non-Party under any international agreement in force or signed after the date of entry into force of this Agreement involving:
(a) aviation;
(b) fisheries; and
(c) maritime matters.
Sector: All
Obligations Concerned: Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4)
Description: Investment and Cross-Border Trade in Services
New Zealand reserves the right to adopt or maintain any measure taken as part of a wider process of economic integration or trade liberalisation between the parties to the Australia New Zealand Closer Economic Relations Trade Agreement (ANZCERTA) or the Pacific Agreement on Closer Economic Relations (PACER) that accords differential treatment to a Party or a non-Party. (6)
(6) For the avoidance of doubt, this includes any measure adopted or maintained under any existing or future protocol to the agreements.
Sector: All
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Local Presence (Article 10.6)
Description: Investment and Cross-Border Trade in Services
New Zealand reserves the right to adopt or maintain any measure regarding the control, management or use of:
(a) protected areas, being areas established under and subject to the control of legislation, including resources on land, interests in land or water, that are set up for heritage management purposes (both historic and natural heritage), public recreation and scenery preservation; or
(b) species owned under enactments by the Crown or that are protected by or under an enactment.
Existing Measures: Conservation Act 1987 and the enactments listed in Schedule 1 of the Conservation Act 1987
Resource Management Act 1991
Local Government Act 1974
Sector: All
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Senior Management and Boards of Directors (Article 9.11)
Description: Investment and Cross-Border Trade in Services
New Zealand reserves the right to adopt or maintain any nationality or residency measures in relation to:
(a) animal welfare; and
(b) the preservation of plant, animal and human life and health, including in particular:
(i) food safety of domestic and exported foods;
(ii) animal feeds;
(iii) food standards;
(iv) biosecurity;
(v) biodiversity; and
(vi) certification of the plant or animal health status of goods.
Nothing in this reservation shall be construed to derogate from the obligations of Chapter 7 (Sanitary and Phytosanitary Measures) or the obligations of the SPS Agreement.
Nothing in this reservation shall be construed to derogate from the obligations of Chapter 8 (Technical Barriers to Trade) or the obligations of the TBT Agreement.
Sector: All
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)
Description: Investment and Cross-Border Trade in Services
New Zealand reserves the right to maintain or adopt any measure made by or under an enactment in respect of the foreshore and seabed, internal waters as defined in international law (including the beds, subsoil and margins of such internal waters), territorial sea, the Exclusive Economic Zone and the continental shelf, including for the issuance of maritime concessions in the continental shelf.
Existing Measures: Resource Management Act 1991
Marine and Coastal Area (Takutai Moana) Act 2011