Sector:
Telecommunication Services
Sub-sector:
Industry Classification:
Type of Reservation:
Market Access (10.05)
Measures:
Law No. 17 of July 9, 1991
Law No. 5 of February 9, 1995
Law No. 31 of February 8, 1996
Executive Decree No. 73 of April 9, 1997
Executive Decree No. 21 of 1996
Regulation JD-025 of December 12, 1996
Regulation JD-080 of April 10, 1997
Concession Contract No. 30-A of February 5, 1996 between the State and BSC (Bell South Panama, S.A.)
Concession Contract No. 309 of October 24, 1997 between the State and Cable Wireless Panama, S.A
Executive Decree No. 58 of May 12, 2008
Concession Contract No. 10-2008 of May 27, 2008 between the State and Digicel Panama, S.A.
Concession Contract No. 11-2008 of May 27, 2008 between the State and Claro Panama, S.A.
Description: Cross-Border Trade in Services
Cellular mobile telephone services are provided exclusively by four operators who have been granted concessions by the State.
Sector:
Telecommunication services
Sub-sector:
Industry Classification:
Type of Reservation:
Local Presence (Article 10.06)
Measures:
Law No. 31 of February 8, 1996
Executive Decree No. 73 of April 9, 1997
Description: Cross-Border Trade in Services
A telecommunication service supplied directly to users in Panama may only be supplied by a person domiciled in Panama.
Sector:
Trade Services; Hotel and Restaurant Services
Sub-sector:
Hotel and Restaurant Services
Industry Classification:
CPC 643 Beverage Serving Services for Consumption on the Premises
Type of Reservation:
Market Access (Article 10.05)
Measure:
Law No. 55 of July 10, 1973
Description: Cross-Border Trade in Services
A licence will not be granted for the operation of a bar in a district in Panama when the number of existing bars in that district exceeds the proportion of one per one thousand inhabitants, according to the latest official population census.
Sector:
Community, Social and Personal Services
Sub-sector:
Recreational, Cultural and Sporting Services
Classification:
CPC 96492 Gambling and Betting Services
Obligations Concerned:
Market Access (Article 10.05)
Level of Government:
Central
Measure:
Article 297 of the 1972 Constitution
Description: Cross-Border Trade in Services
Only the Government of Panama may operate games of luck and chance or other gambling activities in Panama.
Sector:
Communication Services
Sub-sector:
Postal Services
Industry Classification:
CPC 7511 Postal Services
Type of Reservation:
Market Access (Article 10.05)
Measures:
Article 301 of the Fiscal Code of the Republic of Panama approved by means of Law No. 8 of January 27, 1956, modified by Law No. 20 of August 11, 1994
Description: Cross-Border Trade in Services
Only the Government of Panama may operate postal services in Panama.
Sector:
Ports and Airports
Sub-sector:
Industry Classification:
Type of Reservation:
Market Access (Article 10.05)
Local Presence (Article 10.06)
Measures:
Decree Law No. 7 of February 10, 1998
Law No. 23 of January 29, 2003
Description: Cross-Border Trade in Services
The executive branch of the Government of Panama has the discretion to determine the number of concessions for national ports and airports and may require the concessionaire to appoint a legal representative in Panama.
Annex II. Reservations for Future Measures
The Schedule of a Party sets out, under Articles 9.08 (Investment – Reservations and Exceptions) and 10.07 (Cross-Border Trade in Services – Reservations), the reservations taken by that Party for specific sectors, sub-sectors or activities for which it may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:
Article 9.04 (Investment – National Treatment) or 10.03 (Cross-Border Trade in Services – National Treatment);
Article 9.05 (Investment – Most-Favoured-Nation Treatment) or 10.04 (Cross-Border Trade in Services – Most-Favoured-Nation Treatment);
Article 10.06 (Cross-Border Trade in Services – Local Presence);
Article 9.07 (Investment – Performance Requirements);
Article 9.08 (Investment – Senior Management and Boards of Directors); or
Article 10.05 (Cross-Border Trade in Services – Market Access).
Each reservation sets out the following elements:
Sector refers to the general sector in which the reservation is taken;
Sub-sector refers to the specific sector in which the reservation is taken;
Industry Classification refers, where applicable, to the activity covered by the reservation according to domestic industry classification codes;
Type of Reservation specifies the obligation referred to in paragraph 1 for which a reservation is taken;
Description sets out the scope of the sector, sub-sector or activities covered by the reservation;
Existing Measure identifies, for transparency purposes, an existing measure applying to the sector, sub-sector or activities covered by the reservation.
In interpreting a reservation, all elements of the reservation are considered with the exception of Industry Classification. The Description element prevails over all other elements.
For purposes of this Annex:
CPC means Central Product Classification (CPC) numbers as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No. 77, Provisional Central Product Classification, 1991; and
SIC means Standard Industrial Classification (SIC) numbers as set out in Statistics Canada, Standard Industrial Classification, fourth edition, 1980.
Annex II. Schedule of Canada
Sector:
Aboriginal Affairs
Sub-sector:
Industry Classification:
Type of Reservation:
National Treatment (Articles 9.04 and 10.03)
Most-Favoured-Nation Treatment (Articles 9.05 and 10.04)
Local Presence (Article 10.06)
Performance Requirements (Article 9.07)
Senior Management and Boards of Directors (Article 9.08)
Description: Cross-Border Trade in Services and Investment
Canada reserves the right to adopt or maintain a measure denying investors of Panama and their investments, or service providers of Panama, rights or preferences provided to aboriginal peoples.
Existing Measure:
Constitution Act, 1982, being Schedule B of the Canada Act 1982 (U.K.), 1982, c. 11
Sector:
All Sectors
Sub-sector:
Industry Classification:
Type of Reservation:
National Treatment (Article 9.04)
Description: Investment
Canada reserves the right to adopt or maintain a measure relating to residency requirements for the ownership by investors of Panama, or their investments, of oceanfront land.
Existing Measures:
Sector:
Communications
Sub-sector:
Telecommunications Transport Networks and Services
Radiocommunications
Industry Classification:
CPC 752 Telecommunication Services
Type of Reservation:
National Treatment (Article 9.04)
Senior Management and Boards of Directors (Article 9.08)
Description: Investment
Canada reserves the right to adopt or maintain a measure:
limiting foreign investment in facilities-based telecommunications service suppliers, provided that the measure adopted or maintained by Canada does not limit foreign investment to less than a cumulative total of 46.7% of voting shares, based on 20% direct investment and 33.3% indirect investment;
requiring that facilities-based telecommunications service suppliers be controlled in fact by a Canadian;
requiring that at least 80% of the members of the board of directors of facilities-based telecommunications service suppliers be Canadian; and
imposing restrictions on facilities-based telecommunications service suppliers exceeding the permissible cumulative foreign investment level on July 22, 1987, and continuing to exceed this level.
The following exceptions apply to this reservation:
foreign investment is allowed up to 100% for suppliers conducting operations under an international submarine cable licence;
mobile satellite systems owned and controlled up to a level of 100% by a foreign service provider may be used by a Canadian service provider to provide services in Canada; and
fixed satellite systems owned and controlled up to a level of 100% by foreign service providers may be used to provide services between points in Canada and all points outside Canada.
Existing Measures:
Telecommunications Act, S.C. 1993, c. 38
Canadian Telecommunications Common Carrier Ownership and Control Regulations, SOR/94-667
Radiocommunications Act, R.S.C. 1985, c. R-2
Radiocommunication Regulations, SOR/96-484