21. Sector: Toxic Waste Processing, Disposal and Disposal Services Subsector: Obligations Affected: National Treatment (Article 10.4) Level of government: Central Measurements: Decree 2080 of 2000, Article 6 Description: Investment No at allowed the investment in activities related to the processing, disposal and elimination of hazardous waste. of toxic, hazardous or radioactive waste not produced in Colombia.
22. Sector: Transportation Subsector: Obligations Affected: Local Presence (Article 9.5) Level of government: Central Measurements: Law 336 of 1996, Articles 9 and 10 Decree 149 of 1999, article 5 Description: Cross-Border Trade in Services Suppliers of public transportation services within the Colombian territory must be companies legally incorporated and domiciled in Colombia.
23. Sector: Transportation Services Subsector: Maritime and inland waterway transport services Inland waterway transport Obligations Affected: National Treatment (Article 9.3) Local Presence (Article 9.5) Level of Government Central Measurements: Decree 804 of 2001, articles 2 and 4, paragraph 4. Commercial Code of 1971, articles 1455 and 1492. Decree Law 2324 of 1984, articles 99, 101 and 124. Law 658 of 2001, article 11 Decree 1597 of 1988, Article 23 Description: Cross-Border Trade in Services Only companies legally incorporated in Colombia using Colombian flag vessels may provide public maritime and river transportation services between two points within Colombian territory (cabotage). Every foreign flag vessel arriving at a Colombian port must have a representative domiciled and legally responsible for its activities in Colombia. The public maritime and fluvial pilotage service in Colombian territorial waters shall be provided only by Colombian nationals. In Colombian-registered vessels and foreign-flagged vessels (except fishing vessels) operating in Colombian jurisdictional waters for a period of more than six months, continuous or discontinuous, from the date of issue of the respective permit, the captain, the officers and at least 80% of the rest of the crew must to be Colombian.
24. Sector: Port Services Subsector: Obligations Affected: National Treatment (Article 9.3) Local Presence (Article 9.5) Market Access (Article 9.6) Level of government: Central Measurements: Law 1 of 1991, articles 5.20 and 6 Decree 1423 of 1989, Article 38 Description: Cross-Border Trade in Services Holders of a concession to provide port services must be legally incorporated in Colombia as a corporation, whose corporate purpose is the construction, maintenance and administration of ports. Only Colombian flag vessels may provide port services in Colombian jurisdictional maritime areas. However, in exceptional cases, the General Maritime Directorate may authorize the rendering of such services by foreign flag vessels if there are no Colombian flag vessels capable of rendering the service. The authorization shall be given by a term of six months, but may be extended up to a maximum total period of one year.
25. Sector: Air Services Subsector: Obligations Affected: National Treatment (Article 10.4) Level of government: Central Measurements: 1971 Commercial Code, articles 1795, 1803 and 1804. Description: Investment Only Colombian nationals or legal entities legally constituted in Colombia may own and have actual and effective control of any aircraft. registered to provide commercial air services in Colombia.
Annex I. List of Mexico
Horizontal Notes
For the purposes of this Schedule, it shall be understood that: foreigner exclusion clause means the express provision contained in the bylaws of a company, which establishes that foreigners will not be allowed, directly or indirectly, to be partners or shareholders of the company; international cargo means goods that have their origin or destination outside the territory of a Party; concession means an authorization granted by the Mexican State to a person to exploit natural resources or provide a service, for which Mexican nationals and Mexican companies will be preferred over foreigners.
1. Sector: All Sectors Subsector: Obligations Affected: National Treatment (Article 10.4) Level of government: Federal Measurements: Political Constitution of the United Mexican States, Article 27 Foreign Investment Law, Title II, Chapters I and II Regulations of the Foreign Investment Law and the National Registry of Foreign Investments, Title II, Chapters I and II. Description: Investment Foreign nationals or foreign companies may not acquire direct dominion over lands and waters within a 100-kilometer strip along the borders and 50 kilometers along the beaches (hereinafter referred to as the "Restricted Zone"). Mexican companies without a foreign exclusion clause may acquire direct ownership of real estate used for non-residential activities located in the Restricted Zone. The notice of such acquisition must be filed with the Ministry of Foreign Affairs (hereinafter referred to as the "SRE") within 60 business days following the date on which the acquisition is made. Mexican companies without a foreign exclusion clause may not acquire direct ownership of real estate for residential purposes located in the Restricted Zone. Pursuant to the procedure described below, Mexican companies without a foreign exclusion clause may acquire rights for the use and enjoyment of real estate located in the Restricted Zone that is intended for residential purposes. Such procedure will also apply when foreign nationals or foreign companies intend to acquire rights for the use and enjoyment of real estate located in the Restricted Zone, regardless of the use for which the real estate is intended. Permission is required from the SRE for credit institutions to acquire, as trustees, rights over real estate located in the Restricted Zone, when the purpose of the trust is to allow the use and exploitation of such assets, without granting real rights over them, and the beneficiaries are Mexican companies without a foreigner exclusion clause, or the foreigners or foreign companies referred to above. The use and exploitation of the real estate located in the Restricted Zone shall be understood as the rights to the use or enjoyment thereof, including, as the case may be, the obtaining of fruits, products and, in general, any yield resulting from the operation and lucrative exploitation through third parties or credit institutions in their capacity as trustees. The duration of the trusts referred to in this reserve shall be for a maximum period of 50 years, which may be extended at the request of the interested party. The SRE may verify at any time compliance with the conditions under which the permits referred to in this reservation are granted, as well as the presentation and veracity of the aforementioned notifications. The SRE will decide on the permits, considering the economic and social benefit that the performance of these operations implies for the Nation. Foreign nationals or foreign companies that intend to acquire real estate outside the Restricted Zone, must previously present before the SRE a written document in which they agree to consider themselves Mexican nationals for such purposes and waive the right to invoke the protection of their governments with respect to such property.
2. Sector: All Sectors Subsector: Obligations Affected: Market Access (Article 9.6) National Treatment (Article 10.4) Level of government: Federal Measurements: Foreign Investment Law, Title VI, Chapter III, Title VI, Chapter III. Description: Investment and Cross-Border Trade in Services The National Foreign Investment Commission (hereinafter referred to as "CNIE"), in order to evaluate the applications submitted for its consideration (acquisitions or establishment of investments in the restricted activities) in accordance with the provisions of this Schedule, shall comply with the following criteria: (a) the impact on employment and worker training; (b) technological contribution; (c) compliance with the environmental provisions contained in the ecological ordinances governing the matter, and (d) In general, the contribution to increasing the competitiveness of Mexico's productive plant. When deciding on the merits of an application, the CNIE may only impose requirements that do not distort international trade.
3. Sector: All Sectors Subsector: Obligations Affected: National Treatment (Article 10.4) Level of government: Federal Measurements: Foreign Investment Law, Title I, Chapter III As qualified by the element Description Description: Investment A favorable resolution of the National Foreign Investment Commission (hereinafter referred to as "CNIE") is required for investors of another Party or their investments to participate, directly or indirectly, in a proportion greater than 49% of the capital stock of Mexican companies within an unrestricted sector, only when the total value of the assets of the Mexican companies, at the time of submitting the acquisition request, exceeds the applicable threshold. The applicable threshold for the review of an acquisition of a Mexican company will be the amount so determined by the CNIE. In any case, the threshold will not be less than US$150 million. Each year, the threshold will be adjusted according to the nominal growth rate of Mexico's Gross Domestic Product, as published by the National Institute of Statistics. Statistics and Geography (INEGI).
4. Sector: All Sectors Subsector: Obligations Affected: National Treatment (Article 10.4) Senior Executives and Boards of Directors (Article10.9) Level of government: Federal Measurements: Political Constitution of the United Mexican States, Article 25 General Law of Cooperative Societies, Title I and Title II, Chapter II. Federal Labor Law, Title I Foreign Investment Law, Title I, Chapter III Description: Investment No more than 10% of the members of a Mexican production cooperative may be foreign nationals. Investors of another Party or their investments may only acquire, directly or indirectly, up to 10% of the participation in a Mexican production cooperative society. Foreign nationals may not hold management or general administration positions in cooperative societies. A production cooperative society is an enterprise whose members pool their personal labor, whether physical or intellectual, for the purpose of producing goods or services.
5. Sector: All Sectors Subsector: Obligations Affected: National Treatment (Article 10.4) Level of government: Federal Measurements: Federal Law for the Promotion of Microindustry and Handicraft Activities, Chapters I, II, III and IV. Description: Investment Only Mexican nationals may apply for a certificate to qualify as a micro-industrial enterprise. Mexican microindustrial companies may not have foreign nationals as partners. The Federal Law for the Promotion of Microindustry and Artisanal Activity defines a microindustrial enterprise as one that has up to 15 workers, is engaged in the transformation of goods and whose annual sales do not exceed amounts so determined from time to time by the Ministry of Economy.
6. Sector: Agriculture, Livestock, Forestry and Timber Activities Subsector: Agriculture, livestock or forestry Obligations Affected: National Treatment (Article 10.4) Level of government: Federal Measurements: Political Constitution of the United Mexican States, Article 27 Agrarian Law, Title VI Foreign Investment Law, Title I, Chapter III Description: Investment Only Mexican nationals or Mexican companies may own land intended for agricultural, livestock or forestry purposes. Such companies must issue a special series of shares ("T" shares), which will represent the value of the land at the time of acquisition. Investors of another Party or their investments may only acquire, directly or indirectly, up to 49% or of the value of the land at the time of acquisition. participation in the series "T" shares.
7. Sector: Retail Trade Subsector: Trade of non-food products in specialized establishments Obligations Affected: National Treatment (Article 10.4) Level of government: Federal Measurements: Foreign Investment Law, Title I, Chapter III Description: Investment Investors of another Party or their investments may only acquire, directly or indirectly, up to 49% of the participation in an enterprise established or to be established in the territory of Mexico that is engaged in the sale of explosives, firearms, cartridges, ammunition and fireworks, excluding the acquisition and use of explosives for activities and extractive activities, and the elaboration of explosive mixtures for such activities.
8. Sector: Communications Subsector: Services from entertainment (radio broadcasting sound broadcasting y television broadcasting) Obligations Affected: National Treatment (Articles 9.3 and 10.4) Local Presence (Article 9.5) Most-Favored-Nation Treatment (Article 10.5) Level of government: Federal Measurements: Political Constitution of the United Mexican States, Articles 28 and 32 General Communications Law, Book I, Chapter III Federal Telecommunications Law, Chapter III, Section I Federal Radio and Television Law, Title III, Chapter I Federal Radio and Television Law, Title III, Chapter I Regulations of the Federal Law of Radio and Television, in Matters of Concessions, Permits and Content of Radio and Television Broadcasts Foreign Investment Law, Title I, Chapter II Description: Investment and Cross-Border Trade in Services A concession granted by the telecommunications regulatory agency is required to provide open radio and television broadcasting services. Only Mexican nationals and Mexican companies with a foreigner exclusion clause may provide services or make investments in the activities mentioned in the preceding paragraph.
9. Sector: Communications Subsector: Entertainment services (open sound and television broadcasting, and public telecommunications networks for the provision of restricted television and audio services) Obligations Affected: National Treatment (Article 9.3) Most-Favored-Nation Treatment (Articles 9.4 and 10.5) Performance Requirements (Article 10.8) Level of government: Federal Measurements: Federal Radio and Television Law, Title IV, Chapter III. Regulations of the Federal Law of Radio and Television, in Matters of Concessions, Permits and Content of Radio and Television Broadcasts Regulations for the Restricted Television and Audio Service Description: Investment and Cross-Border Trade in Services In order to protect copyrights, the licensee of an open commercial radio and television broadcasting station or of a public telecommunications network requires prior authorization from the Ministry of the Interior (SEGOB) to import in any form radio or television programs for the purpose of rebroadcasting or distributing them in the territory of Mexico. Authorization will be granted provided that the application is accompanied by documentation evidencing the copyright(s) for the retransmission or distribution of such programs.
10. Sector: Communications Subsector: Entertainment services (limited to open sound and television broadcasting, and public telecommunications networks for the provision of restricted television services) Obligations Affected: National Treatment (Article 9.3) Level of government: Federal Measurements: Federal Law of Radio and Television, Title IV, Chapters III and V. Regulations of the Federal Law of Radio and Television, in Matters of Concessions, Permits and Content of Radio and Television Broadcasts Regulations for the Restricted Television and Audio Service Description: Cross-Border Trade in Services The use of the Spanish language or subtitles in Spanish is required in advertisements that are transmitted through open radio and television, or that are distributed in public telecommunications networks, within the territory of Mexico. Advertising included in programs transmitted directly from outside the territory of Mexico may not be distributed when the programs are rebroadcast in the territory of Mexico. The use of the Spanish language is required for the broadcasting of open and restricted television and radio programs, except when the Ministry of the Interior (SEGOB) authorizes the use of another language. The majority of the time of the daily broadcast programming that uses personal performance should be covered by Mexican nationals. In Mexico, radio or television announcers and entertainers who are not Mexican nationals must obtain authorization from the SEGOB to perform such activities.
11. Sector: Communications Subsector: Entertainment services (public telecommunication networks for the provision of restricted television and audio services) Obligations Affected: National Treatment (Articles 9.3 and 10.4) Level of government: Federal Measurements: Political Constitution of the United Mexican States, articles 28 and 32 General Roads and Highways Law, Book I, Chapter III Nationality Law, Chapters I, II and IV Federal Radio and Television Law, Title III, Chapters I, II and III. Federal Telecommunications Law, Chapter III Foreign Investment Law, Title, I, Chapter III Satellite Communication Regulation Regulations for the Restricted Television and Audio Service Regulations of the Federal Law of Radio and Television, in Matters of Concessions, Permits and Content of Radio and Television Broadcasts Description: Investment and Cross-Border Trade in Services A concession granted by the telecommunications regulatory agency is required to install, operate, or exploit a public telecommunications network for the provision of restricted television and audio services. Such concession may be granted only to Mexican nationals or Mexican companies. Investors of the other Party or their investments may only acquire, directly or indirectly, up to 49% of the participation in companies established or to be established in the territory of Mexico that own or operate public telecommunications networks for the provision of restricted television and audio services.
12. Sector: Communications Subsector: Services and networks of public telecommunications networks Obligations Affected: National Treatment (Articles 9.3 and 10.4) Most-Favored-Nation Treatment (Article 9.4) Level of government: Federal Measurements: Political Constitution of the United Mexican States, Article 28 Federal Telecommunications Law, Chapter III, Section V, and Chapter IV, Section III. Public Telephony Service Regulations, Chapters I, II and IV International Telecommunication Rules, Rules 1, 2, 3, 4, 5 y 6 Regulations for the Commercialization of Long Distance and International Long Distance Telecommunication Services, Chapters I, II, III Description: Investment and Cross-Border Trade in Services A permit granted by the telecommunications regulatory agency is required to establish and operate or exploit a telecommunications services commercialization company, without having the character of a public network. Only Mexican nationals and companies incorporated under Mexican law may obtain such a permit. The establishment and operation of marketing companies are invariably subject to the regulatory provisions in force. The telecommunications regulatory agency will not grant permits for the establishment of a commercialization company until the corresponding regulations are issued. A telecommunications service marketer is defined as a company that, without owning or possessing the means of transmission, provides telecommunications services to third parties through the use of the capacity of a public telecommunications network concessionaire. Unless expressly approved by the telecommunications regulator, public telecommunications network concessionaires may not participate, directly or indirectly, in the capital of a telecommunications marketer. All international public switched traffic must be routed through duly authorized international ports. International port authorizations may only be requested by companies with a public telecommunications network concession granted by the telecommunications regulatory agency.
13. Sector: Communications Subsector: Public telecommunications networks and services Obligations Affected: National Treatment (Articles 9.3 and 10.4) Most-Favored-Nation Treatment (Article 9.4) Level of government: Federal Measurements: Political Constitution of the United Mexican States, articles 28 and 32 Federal Telecommunications Law, Chapter I, Chapter III, Sections I, II, III and IV, and Chapter V. Foreign Investment Law, Title I, Chapter III Satellite Communication Regulations, Title II, Sections I, II and III, and Title III Public Telephony Service Regulations, Chapters I, II and IV Restricted Audio and Television Service Regulations, Chapters I and V Local Service Rules, Rule 8 Long Distance Service Rules, Chapters III, IV and VII International Telecommunication Rules, Rules 1, 2, 3, 4, 5 y 6 Description: Investment and Cross-Border Trade in Services A concession granted by the telecommunications regulatory agency is required for: (a) to use, exploit or exploit a frequency band in the national territory, except for the free use spectrum and the official use spectrum; (b) to install, operate or exploit public telecommunications networks; (c) occupying geostationary orbital positions and orbits satellite bands assigned to the country, and to exploit their respective frequency bands, and (d) to exploit the rights to broadcast and receive signals of frequency bands associated with foreign satellite systems that cover and may provide services in the national territory. Only Mexican nationals and companies incorporated under Mexican law may obtain such concession. Concessions to use, exploit or exploit frequency bands of the spectrum for specific uses, as well as to occupy geostationary orbital positions and satellite orbits assigned to the country, and to exploit their respective frequency bands, will be granted through public bidding. All international public switched traffic must be routed through duly authorized international ports. International port authorizations may only be requested by companies with a public telecommunications network concession granted by the telecommunications regulatory agency. International port is defined as the exchange that is part of the public telecommunications network of a long distance concessionaire, to which a means of transmission is connected that crosses the country's border and through which international traffic originating or terminating outside the territory of Mexico is routed. Private network operators that intend to commercially exploit the services must obtain a concession granted by the telecommunications regulatory agency, in which case they will adopt the character of a public telecommunications network. Public telecommunications networks do not include users' telecommunications equipment or telecommunications networks located beyond the network termination point. Investors of another Party or their investments may only participate, directly or indirectly, up to 49% in such concessionary companies. In the case of cellular telephone services, a favorable resolution of the National Foreign Investment Commission (CNIE) is required for investors of another Party or their investments to participate, directly or indirectly, in a percentage greater than 49%.
14. Sector: Communications Subsector: Transportation and telecommunications Obligations Affected: National Treatment (Article 10.4) Level of government: Federal Measurements: Port Law, Chapter IV Railroad Service Regulatory Law, Chapter II, Section III. Civil Aviation Law, Chapter III, Section III Airports Law, Chapter IV Law of Roads, Bridges and Federal Trucking, Title I, Chapter III. Federal Telecommunications Law, Chapter III, Section VI Federal Law of Radio and Television, Title III, Chapters I and II Federal Radio and Television Law, Title III, Chapters I and II General Roads and Highways Law, Book I, Chapters III and V. Description: Investment Foreign governments and foreign state-owned enterprises, or their investments, may not invest, directly or indirectly, in Mexican enterprises that provide services related to communications, transportation and other general means of communication.
15. Sector: Construction Subsector: Obligations Affected: National Treatment (Article 10.4) Level of government: Federal Measurements: Political Constitution of the United Mexican States, Article 27 Regulatory Law of Article 27 of the Constitution in the Oil Industry, Articles 2, 3, 4 and 6. Foreign Investment Law, Title I, Chapter III Regulation of of the Law Regulatory Law of article 27 of the Constitution in the Oil Industry, Chapters I, V, IX and XII. Description: Investment Risk-sharing contracts are prohibited. A favorable resolution of the National Foreign Investment Commission (CNIE) is required for an investor of another Party or its investments to acquire, directly or indirectly, more than 49% of the participation in companies established or to be established in the territory of Mexico involved in contracts other than joint ventures, related to exploration and drilling of oil and gas wells and the construction of means for the transportation of oil and its products. derivatives. See also List of Mexico, Annex II.
16. Sector: Transportation Subsector: Land transportation and water transportation Obligations Affected: National Treatment (Article 10.4) Level of government: Federal Measurements: Political Constitution of the United Mexican States, article 32 Law of Roads, Bridges and Federal Trucking, Title I, Chapter III. Port Law, Chapter IV Maritime Navigation and Commerce Law, Title I, Chapter II Description: Investment A concession granted by the Ministry of Communications and Transportation (SCT) is required to build and operate, or only operate, works in seas or rivers or roads for land transportation. Such concession may only be granted to nationals of Mexico. and Mexican companies.
17. Sector: Energy Subsector: Petroleum products Obligations Affected: National Treatment (Article 10.4) Level of government: Federal Measurements: Foreign Investment Law, Title I, Chapter II Regulatory Law of Article 27 of the Constitution in the Oil Sector Regulation of the Regulatory Law of Article 27 of the Constitution in the Oil Industry, Chapters I, II, III, V, VII, IX and XII. Description: Investment Only Mexican nationals and Mexican companies with an exclusion clause for foreigners may engage in the retail sale of gasoline, or acquire, establish or operate gas stations for the distribution or retail sale of gasoline, diesel, lubricants, oils or additives.
18. Sector: Energy Subsector: Petroleum products Obligations Affected: National Treatment (Article 10.4) Level of government: Federal Measurements: Foreign Investment Law, Title I, Chapter II Regulatory Law of Article 27 of the Constitution in the Oil Sector Regulation of the Regulatory Law of Article 27 of the Constitution in the Oil Industry, Chapters I, VII, IX and XII. Liquefied Petroleum Gas Regulation, Chapters I, III, V and XI Description: Investment Only Mexican nationals and Mexican companies with clause foreigners will be able to distribute liquefied petroleum gas.
19. Sector: Energy Subsector: Petroleum products (supply of fuel and lubricants for aircraft, ships and railroad equipment) Obligations Affected: National Treatment (Article 10.4) Level of government: Federal Measurements: Foreign Investment Law, Title I, Chapter III Description: Investment Investors of another Party or their investments may only participate, directly or indirectly, in up to 49% of the capital of a Mexican company that supplies fuels and lubricants for aircraft, ships and railroad equipment.
20. Sector: Energy Subsector: Obligations Affected: Local Presence (Article 9.5) Level of government: Federal Measurements: Regulatory Law of Article 27 of the Constitution in the Oil Sector Regulation of the Regulatory Law of Article 27 of the Constitution in the Oil Industry, Chapters I, VII, IX and XII. Natural Gas Regulation, Chapters I, III, IV and V Description: Cross-Border Trade in Services A permit granted by the Energy Regulatory Commission is required to provide natural gas distribution, transportation and storage services. Only companies in the sector and commercial companies may obtain such a permit.
21. Sector: Printing, Publishing and Related Industries Subsector: Publication of newspapers Obligations Affected: National Treatment (Article 10.4) Level of government: Federal Measurements: Foreign Investment Law, Title I, Chapter III As qualified by the element Description Description: Investment Investors of another Party or their investments may only acquire, directly or indirectly, up to 49% of the participation in companies established or to be established in the territory of Mexico that print or publish newspapers written exclusively for the Mexican public and to be distributed in the territory of Mexico. For the purposes of this fact sheet, a newspaper is considered to be one that is published at least five days a week.
22. Sector: Goods Manufacturing Subsector: Explosives, fireworks, firearms and cartridges Obligations Affected: National Treatment (Article 10.4) Level of government: Federal Measurements: Foreign Investment Law, Title I, Chapter III Description: Investment Investors of another Party or their investments may only acquire, directly or indirectly, up to 49% of the equity interest in an enterprise established or to be established in the territory of Mexico that manufactures explosives, fireworks, firearms, and other related products, and may not acquire, directly or indirectly, up to 49% of the equity interest in an enterprise that manufactures explosives, fireworks, firearms, and other related products. The production of firearms, cartridges and ammunition, excluding the production of explosive mixtures for industrial and extractive activities.
23. Sector: Fishing Subsector: Fishing related services Obligations Affected: National Treatment (Article 9.3) Most-Favored-Nation Treatment (Article 9.4) Level of government: Federal Measurements: Political Constitution of the United Mexican States, Article 32 General Law of Sustainable Fisheries and Aquaculture, Title Six, Chapter IV; Title Seven, Chapter II. Maritime Navigation and Commerce Law, Title One, Chapter I; Title Two, Chapter IV; Title Three, Chapter I. Ports Law, Chapters I, IV and VI Regulations of the Fisheries Law, Title Two, Chapter I; Chapter II, Section Six Description: Cross-Border Trade in Services A permit granted by the Ministry of Agriculture, Livestock, Rural Development, Fisheries and Food (hereinafter referred to as "SAGARPA"), through the National Commission of Aquaculture and Fisheries; or by the Ministry of Communications and Transportation (hereinafter referred to as "SCT"), within the scope of its competence, is required to provide services related to fishing. A permit granted by SAGARPA is required to carry out activities such as fishing work necessary to support concession applications and the installation of fixed fishing gear in waters under federal jurisdiction. Said permit will be granted preferentially to the inhabitants of the local communities. All other things being equal, preference will be given to applications from indigenous communities. A permit granted by SAGARPA is required for foreign flag fishing vessels to unload live, fresh, frozen or frozen fishery products from commercial fishing. Said permit will be granted only in case of accident or in those cases in which expressly authorized by SAGARPA. Likewise, the permit will be granted preferentially to the inhabitants of the local communities. All other things being equal, preference will be given to applications from indigenous communities. A permit granted by the SCT is required for foreign flag vessels to provide dredging services. A permit granted by the SCT is required to provide port services related to fishing, such as loading and provisioning; maintenance of communications equipment; electrical work; garbage or waste collection; and sewage disposal. Only Mexican nationals and Mexican companies may obtain such permit.
24. Sector: Fishing Subsector: Fishing Obligations Affected: National Treatment (Article 10.4) Most-Favored-Nation Treatment (Article 10.5) Level of government: Federal Measurements: General Law of Sustainable Fisheries and Aquaculture, Title VI, Chapter IV; Title VII, Chapter I; Title XIII, Sole Chapter; and Title XIV, Chapters I, II and III. Maritime Navigation and Commerce Law, Title II Chapter I Federal Maritime Law, Title I, Chapters I and III National Water Law, Title I, and Title IV, Chapter I Foreign Investment Law, Title I, Chapter III Regulations of the Fisheries Law, Title I, Chapter I; Title II, Chapters I, III, IV, V and VI, and Title III, Chapters III and IV. Description: Investment Investors of another Party or their investments may only acquire, directly or indirectly, up to 49% of the participation in an enterprise established or to be established in the territory of Mexico, which carries out fishing in fresh water, coastal and in the exclusive economic zone, not including aquaculture. A favorable resolution of the National Foreign Investment Commission (CNIE) is required for investors of another Party or their investments to acquire, directly or indirectly, more than 49% of the participation in an established enterprise or in a foreign company. to be established in the territory of Mexico that carry out fishing on the high seas.
25. Sector: Educational Services Subsector: Private schools Obligations Affected: National Treatment (Article 10.4) Level of government: Federal Measurements: Foreign Investment Law, Title I, Chapter III Law for the Coordination of Higher Education, Chapter II General Law of Education, Chapter III Description: Investment A favorable resolution of the National Foreign Investment Commission (CNIE) is required for investors of another Party or their investments to acquire, directly or indirectly, more than 49% of the participation in an enterprise established or to be established in the territory of Mexico that provides private preschool, primary, secondary, middle and secondary education services. superior, superior and combined.
26. Sector: Professional, Technical and Specialized Services Subsector: Medical services Obligations Affected: National Treatment (Article 9.3) Level of government: Federal Measurements: Federal Labor Law, Title I Regulatory Law of Article 5 of the Constitution regarding the Practice of Professions in the Federal District Description: Cross-Border Trade in Services Only Mexican nationals with a license to practice medicine in Mexico may be hired to provide medical services to the personnel of Mexican companies.
27. Sector: Professional, Technical and Specialized Services Subsector: Specialized personnel Obligations Affected: National Treatment (Articles 9.3 and 10.4) Level of government: Federal Measurements: Customs Law, Title II, Chapters I and III, and Title VII, Chapter I. Foreign Investment Law, Title I, Chapter II Description: Investment and Cross-Border Trade in Services Only Mexicans by birth may be customs agents. Only customs agents acting as consignees or agents of an importer or exporter, as well as customs agents, may carry out the procedures related to the clearance of the goods of such importer or exporter. Investors of another Party or their investments may not participate, directly or indirectly, in a customs agency.
28. Sector: Professional, Technical and Specialized Services Subsector: Specialized services (public brokers) Obligations Affected: National Treatment (Articles 9.3 and 10.4) Level of government: Federal Measurements: Federal Public Brokerage Law, articles 7, 8, 12 and 15 Regulations of the Federal Public Brokerage Law, Chapter I and Chapter II, Sections I and II. Foreign Investment Law, Title I, Chapter II Description: Investment and Cross-Border Trade in Services Only Mexican nationals by birth may be authorized to practice as public brokers. Public brokers may not associate with any person who is not a public broker to provide public brokerage services. Public brokers shall establish an office in the place where they have been authorized to practice.
29. Sector: Professional, Technical and Specialized Services Subsector: Professional Services Obligations Affected: National Treatment (Articles 9.3 and 10.4) Most-Favored-Nation Treatment (Articles 9.4 and 10.5) Level of government: Federal Measurements: Regulatory Law of Article 5 of the Constitution regarding the Practice of Professions in the Federal District, Chapter III, Section III, and Chapter V. Foreign Investment Law, Title I, Chapter III Description: Investment and Cross-Border Trade in Services A favorable resolution of the National Foreign Investment Commission (CNIE) is required for investors of another Party or their investments to acquire, directly or indirectly, a percentage greater than 49% of the participation in an enterprise established or to be established in the territory of Mexico that provides legal services. When there is no treaty on the matter, the professional practice of foreigners will be subject to reciprocity in the applicant's place of residence and to compliance with the other requirements established by Mexican law. Except as set forth in this form, only attorneys licensed to practice in Mexico may participate in a law firm incorporated in the territory of Mexico. Lawyers authorized to practice in another Party may associate with lawyers authorized to practice in Mexico. The number of lawyers authorized to practice in another Party who are partners in a partnership in Mexico may not exceed the number of lawyers authorized to practice in Mexico who are partners in that partnership. Lawyers authorized to practice in another Party may practice and give legal advice on Mexican law, provided that they comply with the requirements for the practice of law in Mexico. A law firm established by a partnership between lawyers authorized to practice in another Party and lawyers The Mexican law firm may hire as employees attorneys licensed to practice in Mexico.
30. Sector: Professional, Technical and Specialized Services Subsector: Professional Services Obligations Affected: National Treatment (Article 9.3) Most-Favored-Nation Treatment (Article 9.4) Local Presence (Article 9.5) Level of government: Federal Measurements: Regulatory Law of Article 5 of the Constitution regarding the Practice of Professions in the Federal District, Chapter III, Section III, and Chapter V. Regulations of the Regulatory Law of Article 5 of the Constitution, Regarding the Practice of Professions in the Federal District, Chapter III. General Population Law, Chapter III Description: Cross-Border Trade in Services Subject to the provisions of the international treaties to which Mexico is a party, foreigners may practice in the Federal District the professions established in the Regulatory Law of Article 5 of the Constitution regarding the Practice of Professions in the Federal District. When there is no treaty on the matter, the professional practice of foreigners will be subject to reciprocity in the applicant's place of residence and to compliance with the other requirements established by Mexican laws and regulations. Foreign professionals must have a domicile in Mexico. Domicile shall be understood as the place used to hear and receive notifications and documents.
31. Sector: Religious Services Subsector: Obligations Affected: Local Presence (Article 9.5) Senior Executives and Boards of Directors (Article 10.9) Level of government: Federal Measurements: Law of Religious Associations and Public Worship, Title II, Chapters I and II. Description: Cross-Border Trade in Services Religious associations must be associations constituted in accordance with the Law on Religious Associations and Public Worship. Religious associations must register with the Secretaría de Gobernación (SEGOB). To be registered, religious associations must be established in Mexico. Investment Representatives of religious associations must be Mexican nationals.
32. Sector: Transportation Subsector: Air transportation Obligations Affected: Local Presence (Article 9.5) Level of government: Federal Measurements: Civil Aviation Law, Chapter III, Section II, Chapter III, Section II. Description: Cross-Border Trade in Services A permit granted by the Ministry of Communications and Transportation (SCT) is required to establish and operate aeronautical workshops and personnel training centers. In order to obtain such permit, you must have a domicile in Mexico.
33. Sector: Transportation Subsector: Air transportation Obligations Affected: National Treatment (Articles 9.3 and 10.4) Level of government: Federal Measurements: Political Constitution of the United Mexican States, article 32 General Roads and Highways Law, Book I, Chapters I, II and III. Foreign Investment Law, Title I, Chapter III Civil Aviation Law, Chapters I and IV Airport Law, Chapter III Regulation of the Airport Law, 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 (SCT) is required to build and operate, or only operate, airports and heliports. Only Mexican corporations may obtain such concession. A favorable resolution of the National Foreign Investment Commission (hereinafter referred to as "CNIE") is required for investors of another Party or their investments to acquire, directly or indirectly, more than 49% of the participation in a company established or to be established in the territory of Mexico that is a concessionaire or permit holder of public service aerodromes. In making its decision, the CNIE must consider that national and technological development is favored, and that the sovereign integrity of the Nation is safeguarded.
34. Sector: Transportation Subsector: Air transportation Obligations Affected: National Treatment (Article 10.4) Senior Executives and Boards of Directors (Article 10.9) Level of government: Federal Measurements: Civil Aviation Law, Chapters IX and X Regulation of the Civil Aviation Law, Title II, Chapter I Foreign Investment Law, Title I, Chapter III As qualified by the element Description Description: Investment Investors of another Party or their investments may only acquire, directly or indirectly, up to 25% of the voting shares of an enterprise established or to be established in the territory of Mexico that provides commercial air services in Mexican-registered aircraft. The president and at least two-thirds of the board of directors and two-thirds of the senior management positions of such enterprises must be Mexican nationals. Only Mexican nationals and Mexican companies in which 75% of the voting shares are owned or controlled by Mexican nationals, and in which the president and at least two-thirds of the top management positions are owned or controlled by Mexican nationals, and in which the president and at least two-thirds of the top management positions are owned or controlled by Mexican nationals, and in which the president and at least two-thirds of the top management positions are owned or controlled by Mexican nationals. Mexican nationals, may register an aircraft in Mexico.
35. Sector: Transportation Subsector: Specialized air services Obligations Affected: Local Presence (Article 9.5) National Treatment (Article 10.4) Senior Executives and Boards of Directors (Article 10.9) Level of government: Federal Measurements: General Communications Roads Law, Book I, Chapter III Foreign Investment Law, Title I, Chapter III Civil Aviation Law, Chapters I, II, IV and IX As qualified by the element Description Description: Investment and Cross-Border Trade in Services Investors of another Party or their investments may only acquire, directly or indirectly, up to 25% of the voting shares of enterprises established or to be established in the territory of Mexico that provide specialized air services using Mexican registered aircraft. The president and at least two-thirds of the board of directors and two-thirds of the senior management positions of such companies must be Mexican nationals. Only Mexican nationals and Mexican companies in which 75% of the voting shares are owned or controlled by Mexican nationals and in which the president and at least two-thirds of the senior management positions are Mexican nationals, may register aircraft in Mexico. A permit granted by the Ministry of Communications and Transportation (SCT) is required to provide all specialized air services in the territory of Mexico. It will only be granted permit when the person interested in offering such services has a domicile in the territory of Mexico.
36. Sector: Transportation Subsector: Water transportation Obligations Affected: National Treatment (Article 10.4) Level of government: Federal Measurements: Port Law, Chapters IV and V Regulations of the Ports Law, Title I, Chapters I and VI Foreign Investment Law, Title I, Chapter III Description: Investment Investors of another Party or their investments may only acquire, directly or indirectly, up to 49% of the participation in the capital of a Mexican company that is authorized to act as an integral port administrator. An integral port administration exists when the planning, programming, development and other acts related to the goods and services of a port are entrusted in their entirety to a commercial company, by means of a concession for use, use and exploitation of the assets and the rendering of the respective services.
37. Sector: Transportation Subsector: Water transportation Obligations Affected: National Treatment (Article 9.3) Level of government: Federal Measurements: Political Constitution of the United Mexican States, article 32 General Roads and Highways Law, Book I, Chapters I, II and III. Maritime Navigation and Commerce Law, Title I, Chapter II Ports Law, Chapter IV Description: Cross-Border Trade in Services A concession granted by the Ministry of Communications and Transportation (SCT) is required to establish and operate, or only operate, a shipyard. Only Mexican nationals and Mexican companies may obtain such concession.
38. Sector: Transportation Subsector: Water transportation Obligations Affected: National Treatment (Articles 9.3 and 10.4) Level of government: Federal Measurements: Political Constitution of the United Mexican States, article 32 Maritime Navigation and Commerce Law, Title I, Chapter II, and Title II, Chapters IV and V. Ports Law, Chapters II, IV and VI General Roads and Highways Law, Book I, Chapters I, II and III. Regulations for the Use and Development of the Territorial Sea, Waterways, Beaches, Federal Maritime Terrestrial Zone and Land Reclaimed from the Sea, Chapter II, Section II. Foreign Investment Law, Title I, Chapter III As qualified by the element Description Description: Cross-Border Trade in Services and Investment A favorable resolution of the National Foreign Investment Commission (CNIE) is required for an investor of another Party or its investments to acquire, directly or indirectly, more than 49% of the participation in an enterprise established or to be established in the territory of Mexico that provides port services to vessels for their inland navigation operations, such as towing, mooring of ropes and launching. A concession granted by the Ministry of Communications and Transportation (hereinafter referred to as "SCT") is required to build and operate, or only operate, maritime terminals, including docks, cranes and related activities. Only Mexican nationals and Mexican companies may obtain such concession. A permit granted by the SCT is required to provide warehousing and stevedoring services. Only Mexican nationals and Mexican companies will be able to obtain such a permit.
39. Sector: Transportation Subsector: Water transportation Obligations Affected: National Treatment (Article 10.4) Level of government: Federal Measurements: Maritime Navigation and Commerce Act, Title III, Chapter III. Foreign Investment Law, Title I, Chapter III Ports Law, Chapters IV and VI Description: Investment Investors of another Party or their investments may only participate, directly or indirectly, up to 49% in Mexican companies engaged in the provision of port services in the following areas pilotage to vessels for inland navigation operations.
40. Sector: Transportation Subsector: Water transportation Obligations Affected: National Treatment (Articles 9.3 and 10.4) Most-Favored-Nation Treatment (Articles 9.4 and 10.5) Level of government: Federal Measurements: Maritime Navigation and Commerce Law, Title III, Chapter I Foreign Investment Law, Title I, Chapter III Federal Law of Economic Competition, Chapter IV Description: Investment and Cross-Border Trade in Services The operation or exploitation of vessels in deep-sea navigation, including transportation and international towing, is open to shipowners and vessels of all countries, when there is reciprocity under the terms of international treaties. The Ministry of Communications and Transportation (hereinafter referred to as "SCT"), prior opinion of the Federal Economic Competition Commission (hereinafter referred to as "CFCE"), may reserve, in whole or in part, certain international deep-sea cargo transportation services, so that they may only be performed by Mexican shipping companies, with Mexican vessels or vessels reputed as such, when the principles of free competition are not respected and the national economy is affected. The operation and exploitation of inland navigation vessels is reserved to Mexican shipowners with Mexican vessels. When there are no Mexican vessels with the same technical conditions, or the public interest so requires, the SCT may grant to Mexican shipowners, temporary navigation permits to operate and exploit with foreign vessels, according to the following priority: 1. Mexican shipowner with a foreign vessel, under a lease or bareboat charter, and 2. Mexican shipowner with a foreign vessel, under any charter contract. The operation and exploitation in inland and coastal navigation of tourist cruise ships, as well as dredges and naval artifacts for the port construction, conservation and operation, may be carried out by Mexican or foreign shipowners, with vessels or Mexican or foreign naval artifacts, as long as there is reciprocity with the country in question, giving priority to national companies and complying with the applicable legal provisions. The SCT, prior opinion of the CFCE, may resolve that, totally or partially, certain cabotage traffic may only be carried out by Mexican shippers with Mexican vessels or vessels reputed as such, in the absence of conditions of effective competition in the relevant market under the terms of the Federal Antitrust Law. Investors of another Party or their investments may only participate, directly or indirectly, up to 49% in the capital of a Mexican shipping company or Mexican vessels, established or to be established in the territory of Mexico, engaged in the commercial exploitation of vessels for inland navigation and cabotage, with the exception of tourist cruises and the exploitation of dredges and naval artifacts for the construction, conservation and operation of ports. A favorable resolution of the National Foreign Investment Commission is required for investors of another Party or their investments to participate, directly or indirectly, in a percentage greater than 49% in companies established or to be established in the territory of Mexico dedicated to the operation of vessels in deep-sea traffic and port pilotage services.
41. Sector: Transportation Subsector: Pipelines other than energy pipelines Obligations Affected: National Treatment (Article 9.3) Level of government: Federal Measurements: Political Constitution of the United Mexican States, Article 32 General Roads and Highways Law, Book I, Chapters I, II and III. National Water Law, Title I, Sole Chapter, and Title IV, Chapter II. Description: Cross-Border Trade in Services A concession granted by the Ministry of Communications and Transportation (SCT) is required to build and operate, or only operate, pipelines that transport goods other than energy or basic petrochemical products. Only the Mexican nationals and Mexican companies may obtain such concession.
42. Sector: Transportation Subsector: Specialized personnel Obligations Affected: National Treatment (Article 9.3) Level of government: Federal Measurements: Political Constitution of the United Mexican States, Article 32 Description: Cross-Border Trade in Services Only Mexicans by birth may be: (a) captains, pilots, skippers, machinists, mechanics and crew of vessels or aircraft flying the Mexican flag, and (b) port captains, port pilots and airfield commanders.
43. Sector: Transportation Subsector: Rail transport Obligations Affected: National Treatment (Articles 9.3 and 10.4) Level of government: Federal Measurements: Foreign Investment Law, Title I, Chapter III Railroad Service Regulatory Law, Chapter I and Chapter II, Section III. Rail Service Regulations, 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 A favorable resolution of the National Foreign Investment Commission (hereinafter referred to as "CNIE") is required for investors of another Party or their investments to participate, directly or indirectly, in a percentage greater than 49% in companies established or to be established in the territory of Mexico dedicated to the construction, operation and exploitation of railroads that are considered general communication routes, or to the provision of public railroad transportation services. In making its decision, the CNIE must consider that national and technological development is favored, and that the sovereign integrity of the nation is safeguarded. A concession granted by the Ministry of Communications and Transportation (hereinafter referred to as "SCT") is required to build, operate and exploit railroad transportation services and provide public railroad transportation services. Only Mexican companies may obtain such concession. A permit granted by the SCT is required to provide auxiliary services; to construct accesses, crossings and marginal facilities on the railroad right-of-way; to install advertisements and advertising signs on the right-of-way; and to construct and operate bridges over railroad tracks. Only Mexican nationals and Mexican companies will be able to obtain such permission.
44. Sector: Transportation Subsector: Ground transportation Obligations Affected: National Treatment (Article 9.3) Most-Favored-Nation Treatment (Article 10.5) Level of government: Federal Measurements: Law of Roads, Bridges and Federal Trucking, Title I, Chapter III. Regulations for the Use of the Right-of-Way of Federal Highways and Surrounding Areas, Chapters II and IV. Federal Motor Carrier and Auxiliary Services Regulations, Chapter I. Description: Investment and Cross-Border Trade in Services A permit granted by the Secretaría de Comunicaciones y Transportes (SCT) is required to establish or operate a bus or truck station or terminal. Only Mexican nationals and Mexican companies may obtain such a permit. permit.
45. Sector: Transportation Subsector: Ground transportation Obligations Affected: National Treatment (Article 9.3) Level of government: Federal Measurements: Political Constitution of the United Mexican States, Article 32 Law of Roads, Bridges and Federal Trucking, Title I, Chapter III. Description: Cross-Border Trade in Services A concession granted by the Ministry of Communications and Transportation (SCT) is required to provide road and bridge administration services and auxiliary services. Only Mexican nationals and Mexican companies may provide these services. to obtain such a concession.
46. Sector: Transportation Subsector: Ground transportation Obligations Affected: National Treatment (Articles 9.3 and 10.4) Most-Favored-Nation Treatment (Article 9.4) Level of government: Federal Measurements: Foreign Investment Law, Title I, Chapter II Law of Roads, Bridges and Federal Transportation, Title I, Chapter I and III. Federal Motor Carrier and Auxiliary Services Regulations, Chapter I. As qualified by the element Description Description: Investment and Cross-Border Trade in Services Investors of another Party or their investments may not acquire, directly or indirectly, any interest in the capital of enterprises established or to be established in the territory of Mexico that provide domestic cargo transportation services between points in the territory of Mexico, except for parcel and courier services. A permit issued by the Ministry of Communications and Transportation (hereinafter referred to as "SCT") is required to provide passenger transportation services, tourist transportation services or cargo transportation services to or from the territory of Mexico. Only Mexican nationals and Mexican companies may obtain such permit. A permit issued by the SCT is required to provide intercity passenger transportation services, tourist transportation services or international cargo transportation services between points within the territory of Mexico. Only Mexican nationals and Mexican companies may obtain such permit. Only Mexican nationals and Mexican companies with a foreigner exclusion clause, using equipment registered in Mexico that has been built in Mexico or legally imported, and with drivers who are Mexican nationals, may provide domestic cargo services 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 companies may obtain such permit.
47. Sector: Transportation Subsector: Rail transport Obligations Affected: National Treatment (Article 9.3) Level of government: Federal Measurements: Federal Labor Law, Title VI, Chapter V. Description: Cross-Border Trade in Services Railroad crew members must be Mexican nationals.
48. Sector: Transportation Subsector: Ground transportation Obligations Affected: National Treatment (Articles 9.3 and 10.4) Level of government: Federal Measurements: Foreign Investment Law, Title I, Chapter II General Roads and Highways Law, Book I, Chapters I and II. Law of Roads, Bridges and Federal Trucking, Title I, Chapter III. Federal Motor Carrier and Auxiliary Services Regulations, Chapter I. Description: Investment and Cross-Border Trade in Services Only Mexican nationals and Mexican companies with a foreigner exclusion clause may provide urban and suburban passenger transportation services in Mexico. bus, school bus, cab, roulette and other collective transportation services.
49. Sector: Communications Subsector: Recreational services (movie theaters) Obligations Affected: National Treatment (Article 9.3) Most-Favored-Nation Treatment (Article 9.4) Level of government: Federal Measurements: Federal Film Law, Chapter III Regulations of the Federal Cinematography Law, Chapter V. Description: Cross-Border Trade in Services Exhibitors will reserve 10% of the total exhibition time for the screening of national films.
Annex I. List of Peru
1. Sector: All Sectors Subsector: Obligations Affected: National Treatment (Article 10.4) Level of government: Central Measurements: Peruvian Constitution of 1993, Article 71 Legislative Decree No. 757, Official Gazette "El Peruano", November 13, 1991, Framework Law for the Growth of Private Investment, Article 13. Description: Investment Within 50 kilometers of the borders, foreigners may not acquire or possess by any title whatsoever, mines, lands, forests, waters, fuels or energy sources, directly or indirectly, individually or in partnership, under penalty of forfeiting, for the benefit of the State, the right thus acquired. An exception is made in the case of public necessity expressly declared by supreme decree approved by the Council of Ministers, in accordance with the law. For each case of acquisition or possession in the referred area, the investor must submit the corresponding request to the competent Ministry in accordance with the legal regulations in force. For example, the following authorizations have been granted in the mining sector.
2. Sector: Fishing Related Services Subsector: Obligations Affected: National Treatment (Article 9.3) Level of government: Central Measurements: Supreme Decree N° 012-2001-PE, Official Gazette "El Peruano" of March 14, 2001, Regulation of the General Fisheries Law, Articles 67, 68, 69 and 70. Description: Cross-Border Trade in Services The owners of foreign flag fishing vessels, prior to the start of their operations, shall submit a joint and several, irrevocable, unconditional and automatic performance bond, valid for no more than 30 calendar days after the date of the termination of the fishing permit, issued in favor and to the satisfaction of the Ministry of Production, by a banking, financial or insurance institution, duly recognized by the Superintendence of Banking and Insurance. Said letter shall be issued for a value equivalent to 25% of the amount due for payment of fishing rights. Owners of foreign-flagged fishing vessels, other than those of larger scale, operating in Peruvian jurisdictional waters are required to have the Satellite Tracking System on their vessels, unless a Ministerial Resolution exempts owners of highly migratory fisheries from this obligation. Foreign-flagged fishing vessels with a fishing permit must carry on board a scientific technical observer designated by the Peruvian Sea Institute (IMARPE). The shipowners, in addition to providing accommodation on board for said representative, must pay an allowance per day of boarding, which will be deposited in a special account managed by IMARPE for this purpose. Owners of foreign-flagged fishing vessels operating in Peruvian jurisdictional waters must hire a minimum of 30% Peruvian crew members, subject to applicable national legislation.
3. Sector: Broadcasting Services Subsector: Obligations Affected: Local Presence (Article 9.5) National Treatment (Article 10.4) Level of government: Central Measurements: Law No. 28278, Official Gazette "El Peruano" of July 16, 2004, Radio and Television Law, Article 24. Description: Investment and Cross-Border Trade in Services Only natural persons of Peruvian nationality or legal entities incorporated under Peruvian law and domiciled in Peru may be holders of authorizations and licenses for broadcasting services. The foreigner, neither directly nor through a sole proprietorship, may be the holder of an authorization or license.
4. Sector: Audiovisual Services Subsector: Obligations Affected: National Treatment (Article 9.3) Performance Requirements (Article 10.8) Level of government: Central Measurements: Law No. 28278, Official Gazette "El Peruano" of July 16, 2004, Radio and Television Law, Eighth Complementary and Final Provision. Description: Investment and Cross-Border Trade in Services The owners of broadcasting services (open signal) must establish a minimum national production of 30%. of its programming, between the hours of 5:00 a.m. and midnight, on a weekly average.
5. Sector: Broadcasting Services Subsector: Obligations Affected: National Treatment (Articles 9.3 and 10.4) Most-Favored-Nation Treatment (Articles 9.4 and 10.5) Level of government: Central Measurements: Supreme Decree No. 005-2005-MTC, Official Gazette "El Peruano" of February 15, 2005, Regulation of the Radio and Television Law, Article 20. Description: Investment and Cross-Border Trade in Services If a foreigner is, directly or indirectly, a shareholder, partner or associate of a juridical person, such juridical person may not hold authorizations to provide the broadcasting service within the localities bordering the country of origin of such foreigner, except in the case of public necessity authorized by the Council of Ministers. This restriction does not apply to legal entities with foreign participation that have two or more authorizations in force, provided that they are in the same frequency band.
6. Sector: All Sectors Subsector: Obligations Affected: National Treatment (Article 9.3) Most-Favored-Nation Treatment (Article 9.4) Senior Executives and Boards of Directors (Article 10.9) Level of government: Central Measurements: Legislative Decree No. 689, Official Gazette "El Peruano", of November 5, 1991, Law on the Recruitment of Foreign Workers, Articles 1, 3, 4, 5 (as amended by the Law on the Recruitment of Foreign Workers, Articles 1, 3, 4, 5). Law No. 26196) and 6 Description: Investment and Cross-Border Trade in Services Employers, whatever their activity or nationality, shall give preference to hiring national workers. Foreign natural persons providing services and employed by companies in Peru may render services in Peru through an employment contract, which must be executed in writing and for a specific term, for a maximum period of three years, which may be extended successively for equal periods, and must also include the commitment to train national personnel in the same occupation. Foreign natural persons may not represent more than 20% of the total number of servers, employees and workers of a company, and their remunerations may not exceed 30% of the total payroll. These percentages shall not apply in the following cases, when: (1) the foreign service provider is a spouse, ascendant, descendant or sibling of a Peruvian; (2) personnel of foreign companies engaged in international land, air or water transportation services with foreign flag and registration; (3) foreign personnel working in multinational service companies or multinational banks, subject to legal regulations issued for specific cases; (4) foreign investor is involved, provided that the investor's investment has permanently a minimum amount of five tax units during the term of its contract (1) ; (5) in the case of artists, sportsmen or those service providers who perform in public shows in Peruvian territory, up to a maximum of three months per year; (6) the person is a foreigner with an immigrant visa; (7) the employee is a foreigner with whose country of origin there is a labor reciprocity or dual nationality agreement, (8) in the case of foreign personnel who, by virtue of bilateral or multilateral agreements entered into by the Government of Peru, render their services in the country. Employers may request exemptions from the limiting percentages related to the number of foreign workers and the percentage that their remunerations represent in the total amount of the company's payroll, when: (1) professional or specialized technical personnel are involved; (2) if they are management or managerial personnel of a new business activity or business conversion; (3) teachers hired for higher education, or for basic or secondary education in private foreign schools, or for language teaching in private national schools, or in specialized language teaching centers; (4) personnel of public or private sector companies under contract with public sector agencies, institutions or companies (5) in any other case established by Supreme Decree following the criteria of specialization, qualification or experience.
7. Sector: Professional Services Subsector: Legal Services Obligations Affected: National Treatment (Articles 9.3 and 10.4) Level of government: Central Measurements: Legislative Decree No. 1049, Official Gazette "El Peruano" of June 26, 2008, Notary Law, article 10. Description: Investment and Cross-Border Trade in Services Only natural persons of Peruvian nationality by birth may provide notarial services.
8. Sector: Professional Services Subsector: Architectural services Obligations Affected: National Treatment (Articles 9.3 and 10.4) Level of government: Central Measurements: Law No. 14085, Official Gazette "El Peruano" of June 30, 1962, Law Creating the Peruvian College of Architects. Law No. 16053, Official Gazette "El Peruano" of February 14, 1966, Law of Professional Practice, Authorizes the Colleges of Architects and Engineers of Peru to supervise the Engineering and Architecture professionals of the Republic, Article 1. Agreement of the National Council of Architects, approved at Session No. 04-2009 of December 15, 2009. Description: Investment and Cross-Border Trade in Services To practice as an architect in Peru, a person must become a member of the Colegio de Arquitectos. Fees are different for nationals and foreigners, and are subject to review by the Colegio de Arquitectos. For the sake of transparency, the current fees are as follows: (1) Peruvian university graduates S/. 775.00 (seven hundred and seventy-five nuevos soles); (2) Peruvian graduates from foreign universities S/. 1,240.00 (one thousand two hundred forty and 00/100 nuevos soles); (3) foreigners graduated from Peruvian universities S/. 1,240.00 (one thousand two hundred forty and 00/100 nuevos soles), and (4) foreigners graduated from foreign universities S/. 3,100 (three thousand one hundred and 00/100 nuevos soles). Likewise, for temporary registration, non-resident foreign architects require a contract of association with a resident Peruvian architect.
9. Sector: Security Services Subsector: Obligations Affected: National Treatment (Articles 9.3 and 10.4) Local Presence (Article 9.5) Level of government: Central Measurements: Supreme Decree No. 003-2011-IN, Official Gazette "El Peruano" of March 31, 2011, Regulation of Private Security Services, articles 12, 18, 22, 36, 40, 41, 46, 47 y 48 Description: Investment and Cross-Border Trade in Services Persons hired as security guards must be Peruvian by birth. Only legal entities incorporated in Peru may apply for an authorization for the provision of security services, which must be accredited. with a copy of the company's registration of incorporation.
10. Sector: Recreational, Cultural and Sports Services Subsector: National artistic audiovisual production services Obligations Affected: National Treatment (Article 9.3) Level of government: Central Measurements: Law No. 28131, Official Gazette "El Peruano" of December 18, 2003, Law of the Artist, Performer and Executor, articles 23 and 25. Description: Cross-Border Trade in Services All national artistic audiovisual productions must be made up of at least 80% national artists. All national artistic performances presented directly to the public must be made up of at least 80% national artists. National artists shall receive no less than 60% of the total artist salary and wage schedule. The same percentages established in the preceding paragraphs apply to the technical worker linked to the artistic activity.
11. Sector: Recreational, Cultural and Sports Services Subsector: Circus show services Obligations Affected: National Treatment (Article 9.3) Level of government: Central Measurements: Law No. 28131, Official Gazette "El Peruano" of December 18, 2003, Law of the Artist, Performer and Executor, article 26. Description: Cross-Border Trade in Services Every foreign circus show shall enter the country with its original cast, for a maximum term of 90 days, which may be extended for the same period. In the latter case, at least 30% of national artists and 15% of national technicians shall be incorporated to the artistic cast. These same percentages must reflected in the wage and salary statements.
12. Sector: Commercial Advertising Services Subsector: Obligations Affected: National Treatment (Article 9.3) Level of government: Central Measurements: Law No. 28131, Official Gazette "El Peruano" of December 18, 2003, Law of the Artist, Performer and Executor, articles 25 and 27.2. Description: Cross-Border Trade in Services Commercial advertising in Peru must include at least 80% of national artists. National artists shall receive no less than 60% of the total artist salary and wage schedule. The same percentages established in the following paragraphs The above rules apply to technical workers involved in commercial advertising.
13. Sector: Entertainment Services Subsector: Bullfighting shows Obligations Affected: National Treatment (Article 9.3) Level of government: Central Measurements: Law No. 28131, Official Gazette "El Peruano" of December 18, 2003, Law of the Artist, Performer and Executor, Article 28. Description: Cross-Border Trade in Services At least one national matador must participate in every bullfighting fair. At least one national bullfighter must participate in all bullfighting fairs.
14. Sector: Broadcasting Services Subsector: Obligations Affected: National Treatment (Article 9.3) Performance Requirements (Article 10.8) Level of government: Central Measurements: Law No. 28131, Official Gazette "El Peruano" of December 18, 2003, Law of the Artist, Performer and Executor, articles 25 and 45. Description: Investment and Cross-Border Trade in Services Open signal broadcasting companies must allocate no less than 10% of their daily programming to the broadcasting of folklore, national music and series or programs produced in Peru related to Peruvian history, literature, culture or Peruvian national reality, made with contracted artists in the following percentages: (1) a minimum of 80% of national artists; (2) national artists shall receive no less than 60% of the total artists' salary and wage schedule; (3) The same percentages established in the preceding paragraphs apply to technical workers linked to the artistic activity.
15. Sector: Bonded Warehouse Services Subsector: Obligations Affected: Local Presence (Article 9.5) Level of government: Central Measurements: Supreme Decree No. 08-95-EF, Official Gazette "El Peruano" of February 5, 1995, Regulation of Customs Warehouses, Article 7. Description: Cross-Border Trade in Services Only natural or legal persons domiciled in Peru may request authorization to operate bonded warehouses.
16. Sector: Telecommunications Subsector: Obligations Affected: National Treatment (Article 9.3) Level of government: Central Measurements: Supreme Decree No. 020-2007-MTC, Official Gazette "El Peruano" of July 4, 2007, Sole Ordered Text of the General Regulations of the Telecommunications Law, Article 258. Description: Cross-Border Trade in Services Call-back is prohibited, understood as the offer of telephone services to make attempted telephone calls originating in the country, with the purpose of obtaining a return call with a dial tone. invitation to dial, coming from a basic telecommunications network located outside the national territory.
17. Sector: Transportation Subsector: Air transportation and specialized air services Obligations Affected: National Treatment (Articles 9.3 and 10.4) Local Presence (Article 9.5) Senior Executives and Boards of Directors (Article 10.9) Level of government: Central Measurements: Law No. 27261, Official Gazette "El Peruano" of May 10, 2000, Civil Aeronautics Law, articles 75 and 79. Supreme Decree N° 050-2001-MTC, Official Gazette "El Peruano" of December 26, 2001, Regulation of the Civil Aeronautics Law, articles 147, 159, 160 and VI Complementary Provision. Description: Investment and Cross-Border Trade in Services National Commercial Aviation (2) is reserved to Peruvian individuals and legal entities. For the purposes of this entry, a Peruvian legal entity is considered to be one that complies with: (1) be incorporated under Peruvian law, indicate in its corporate purpose the commercial aviation activity to which it will be dedicated and have its domicile in Peru, for which it must develop its main activities and install its administration in Peru; (2) at least one half plus one of the directors, managers and persons in charge of the control and management of the company must be of Peruvian nationality or have permanent domicile or habitual residence in Peru, and (3) At least 51% of the capital stock of the company must be Peruvian-owned and under the real and effective control of shareholders or partners of Peruvian nationality with permanent domicile in Peru. (This limitation does not apply to companies incorporated under Law No. 24882, which may maintain the Peruvian shares in the company's capital stock. ownership percentages within the margins established therein). Six months after the granting of the company's operating permit to provide commercial air transportation services, the percentage of foreign-owned capital stock may be up to 70%. In operations carried out by national operators, the personnel performing aeronautical functions on board must be Peruvian. The General Directorate of Civil Aeronautics may, for technical reasons, authorize these functions to foreign personnel for a period not to exceed six months from the date of authorization, extendable for proven lack of such trained personnel. The General Directorate of Civil Aeronautics, after verifying the lack of Peruvian aeronautical personnel, may authorize the hiring of non-resident foreign personnel for the technical management of aircraft and for the training of Peruvian aeronautical personnel for a term of up to six months, extendable according to the proven lack of Peruvian personnel.
18. Sector: Transportation Subsector: Water transportation Obligations Affected: National Treatment (Articles 9.3 and 10.4) Local Presence (Article 9.5) Senior Executives and Boards of Directors (Article 10.9) Level of government: Central Measurements: Law No. 28583, Law for the Reactivation and Promotion of the National Merchant Marine, Official Gazette "El Peruano" of July 22, 2005, articles 4.1, 6.1, 7.1, 7.2, 7.4 and 13.6. Law N° 29475, Law that amends Law N° 28583, Official Gazette "El Peruano" of December 17, 2009, Law for the Reactivation and Promotion of the National Merchant Marine), article 13.6 and Tenth Transitory and Final Provision. Supreme Decree No. 028 DE/MGP, Official Gazette "El Peruano" of May 25, 2001, Regulation of Law No. 26620, Article I-010106, paragraph a). Description: Investment and Cross-Border Trade in Services National Shipping Company or National Shipping Company means the natural person of Peruvian nationality or legal entity incorporated in Peru, with main domicile, real and effective headquarters in the country, which is engaged in the service of water transportation in national traffic or cabotage or international traffic and is owner or lessee under the modalities of financial lease or bareboat lease, with mandatory purchase option, of at least one merchant vessel of Peruvian flag and has obtained the corresponding Operating Permit from the General Directorate of Aquatic Transportation. At least 51% of the capital stock of the legal entity, subscribed and paid, must be owned by Peruvian citizens. The Chairman of the Board of Directors, the majority of the Directors and the Chief Executive Officer must be Peruvian nationals and reside in Peru. National flag vessels must have a Peruvian captain and a Peruvian crew, authorized by the General Directorate of Captaincy and Coast Guard. In exceptional cases and after verifying the unavailability of Peruvian personnel duly qualified and experienced in the type of vessel in question, the hiring of foreign services may be authorized up to a maximum of 15% of the total crew, and for a limited period of time. This last exception does not apply to the Captain of the vessel. To obtain the license of Práctico you must be a Peruvian citizen. Commercial water transportation in national traffic or cabotage is reserved exclusively for Peruvian flag merchant vessels owned by the National Shipping Company or National Shipping Company or under the Financial Lease or Bareboat Lease modalities, with mandatory purchase option; except for the following exceptions: (1) the transportation of hydrocarbons in national waters is reserved up to 25% for vessels of the Peruvian Navy, and (2) for water transportation between Peruvian ports only and, in cases of non-existence of own or leased vessels under the above mentioned modalities, the chartering of foreign flag vessels will be allowed to be operated, only by National Shipping Companies or National Shipping Companies, for a period not to exceed six months.
19. Sector: Transportation Subsector: Water transportation Obligations Affected: National Treatment (Articles 9.3 and 10.4) Local Presence (Article 9.5) Level of government: Central Measurements: Supreme Decree No. 056-2000-MTC, Official Gazette "El Peruano" of December 31, 2000, provides that maritime and related transport services performed in bays and port areas must be provided by authorized natural and legal persons, with national flag vessels and artifacts, Article 1. Ministerial Resolution No. 259-2003-MTC/02, Official Gazette "El Peruano" of April 4, 2003, Approving the Regulation of Water Transportation and Related Services Provided in Bay Traffic and Port Areas, articles 5 and 7. Description: Investment and Cross-Border Trade in Services The following Water Transportation and Related Services that are performed in the bay traffic and port areas, must be rendered by natural persons domiciled in Peru and legal persons incorporated and domiciled in Peru, duly authorized with vessels and naval artifacts of Peruvian flag: (1) Fuel supply services. (2) Mooring and unmooring service. (3) Diver service. (4) Ship provisioning service. (5) Dredging service. (6) Pilotage service. (7) Waste collection service. (8) Towing service. (9) Transportation of people.
20. Sector: Transportation Subsector: Water transportation Obligations Affected: National Treatment (Article 9.3) Local Presence (Article 9.5) Level of government: Central Measurements: Supreme Resolution No. 006-2011-MTC, Official Gazette "El Peruano" of February 4, 2011, Supreme Decree approving the Regulation of Aquatic Tourist Transportation, article 1. Description: Cross-Border Trade in Services Tourist water transportation must be carried out by natural persons domiciled in Peru or legal entities incorporated and domiciled in Peru. At the national and regional level, tourist water transportation is reserved for its exclusive provision by Peruvian flag vessels, whether owned or chartered, or by means of financial leasing or bareboat, with mandatory purchase option.
21. Sector: Services Performed in Port Areas Subsector: Obligations Affected: National Treatment (Article 9.3) Level of government: Central Measurements: Law No. 27866, Official Gazette "El Peruano" of November 16, 2002, Port Labor Law, articles 3 and 7. Description: Cross-Border Trade in Services Only Peruvian citizens may register in the Port Workers Registry.
22. Sector: Transportation: Subsector: Ground transportation Obligations Affected Local Presence (Article 9.5) Level of government: Central Measurements: Supreme Decree N° 017-2009-MTC, Official Gazette "El Peruano" of April 22, 2009, National Transportation Administration Regulations, Article 33, amended by Supreme Decree N° 006-2010-MTC of January 22, 2010. Description: Cross-Border Trade in Services The carrier shall demonstrate that it has the physical infrastructure for the provision of the transportation service, including, where appropriate: administrative offices, bus terminals for persons or goods, route stations, bus stops, all infrastructure used for loading and unloading, as well as for storage of goods, maintenance equipment, and any other infrastructure necessary for the provision of the transportation service, including, where appropriate: administrative offices, bus terminals for persons or goods, route stations, bus stops, all infrastructure used for loading and unloading, as well as for storage of goods, maintenance equipment, and any other infrastructure necessary for the provision of the transportation service. service.
23. Sector: Research and Development Services Subsector: Archaeological research services Obligations Affected: National Treatment (Article 9.3) Level of government: Central Measurements: Supreme Resolution No. 004-2000-ED, Diario Oficial "El Peruano" of January 25, 2000, Reglamento de Investigaciones Arqueológicas, article 30. Description: Cross-Border Trade in Services Archaeological research projects directed by a foreign archaeologist must have an archaeologist with accredited experience of Peruvian nationality and registered in the National Register of Archaeologists as co-director or scientific sub-director of the project. The co-director or sub-director will necessarily participate in the execution of the project. integral part of the project (field work and desk work).
24. Sector: Energy-Related Services Subsector: Obligations Affected: National Treatment (Article 9.3) Local Presence (Article 9.5) Level of government: Central Measurements: Law No. 26221, Official Gazette "El Peruano" of August 19, 1993, General Hydrocarbons Law, Article 15. Description: Cross-Border Trade in Services In order to enter into exploration contracts, foreign companies must establish a branch or incorporate a company in accordance with the General Companies Law, establish domicile in the capital of the Republic of Peru and appoint a representative of Peruvian nationality. Foreign individuals must be registered in the Public Registries and must be appoint an attorney-in-fact of Peruvian nationality, with domicile in the capital of the Republic of Peru.
25. Sector: Professional Services Subsector: Audit services Obligations Affected: National Treatment (Articles 9.3 and 10.4) Local Presence (Article 9.5) Level of government: Central Measurements: Internal Regulations of the Lima Association of Public Accountants, articles 145 and 146. Description: Investment and Cross-Border Trade in Services Audit firms shall be formed solely and exclusively by certified public accountants residing in the country and duly qualified by the Association of Public Accountants. No partner may be an integral member of another auditing firm in Peru.
26. Sector: Transportation Subsector: Land transportation by road Obligations Affected: National Treatment (Article 9.3) Level of government: Central Measurements: Agreement on International Land Transport between the Governments of the Republic of Chile, the Republic of Argentina, the Republic of Bolivia, the Federative Republic of Brazil, the Republic of Paraguay, the Republic of Peru and the Oriental Republic of Uruguay - ATIT, signed in Montevideo on January 1, 1990. Description: Cross-Border Trade in Services Vehicles authorized by Peru in accordance with the ATIT, which carry out international road transportation, may not carry out local transportation (cabotage) in Peruvian territory.
Annex II. Explanatory Notes
1. A Party's Schedule indicates, in accordance with Articles 9.7 (Nonconforming Measures) and 10.10 (Nonconforming Measures), the specific sectors, subsectors, or activities for which it may maintain or adopt new or more restrictive measures that are inconsistent with the obligations imposed by:
(a) Articles 9.3 (National Treatment) or 10.4 (National Treatment);
(b) Articles 9.4 (Most-Favored-Nation Treatment) or 10.5 (Most-Favored-Nation Treatment);
(c) Article 9.5 (Local Presence);
(d) Article 9.6 (Market Access);
(e) Article 10.8 (Performance Requirements), or (f) Article 10.9 (Senior Management and Boards of Directors).
2. Each tab in the Annex sets out the following elements:
(a) Sector refers to the sector for which the record has been made;
(b) Sub-sector refers to the specific sector for which the record has been made;
(c) Obligations Concerned specifies the obligation(s) referred to in paragraph 1 that, under Articles 9.7 (Non-Conforming Measures) and 9.8 (Non-Conforming Measures), are not covered by the obligation(s) referred to in paragraph 1. 10.10 (Nonconforming Measures), do not apply to the sectors, subsectors or activities listed in the fact sheet;
(d) Level of government indicates the level of government that maintains or adopts the measures on which a reservation is taken;
(e) Description describes the coverage of the sectors, sub-sectors or activities covered by the fiche, and
(f) Measures in force identifies, for transparency purposes, the measures in force that apply to the sectors, subsectors or activities covered by the fact sheet.
3. In accordance with Articles 9.7 (Non-Conforming Measures) and 10.10 (Non-Conforming Measures), the Articles of this Additional Protocol specified in the Obligations Affected element of a schedule do not apply to the sectors, subsectors and activities identified in the Description element of that schedule. In the interpretation of a reservation all its elements will be considered.
4. The Description element will prevail over the other elements.
5. For the purposes of this Additional Protocol, the Parties understand that:
(a) formalities enabling the conduct of business, such as measures requiring: registration in accordance with their respective legislation, an address, legal representation, an operating license or permit, need not be listed in Annexes I and II with respect to Articles 9.3 (National Treatment) and 10.4 (National Treatment), or 9.5 (Local Presence) of this Additional Protocol, provided that the measure does not impose a requirement to establish an operational office or other ongoing business presence as a condition for the provision of service in the country;
(b) the extractive fishing activity is not considered a service and therefore does not need to be listed in Annexes I and II with respect to the obligations of Chapter 9 (Cross-Border Trade in Services);
(c) a measure requiring nationality for captains of aircraft and seagoing vessels is not considered a non-conformity with respect to Article 10.9 (Senior Executives and Boards of Directors) and therefore need not be listed in Annexes I and II;
(d) a measure requiring nationality for workers in general, including crew and workers in maritime and air services companies, is not considered a non-conformity with respect to Article 10.8 (Performance Requirements) and therefore does not need to be listed in Annexes I and II;
(e) the requirement to establish in the country to obtain a concession or for the development of a concession is not considered a non-conformity with respect to Article 9.5 (Local Presence) and therefore does not need to be listed in Annexes I and II, and
(f) measures regulating the structure of public utilities, such as restrictions on vertical integration, will not be considered non-compliant with the obligation of Article 9.6 (Market Access), and therefore do not need to be listed in Annexes I and II.
Annex II. List of Chile
1. Sector: All Sectors Subsector: Obligations Affected: Level of government: National Treatment (Article 10.4) Most-Favored-Nation Treatment (Article 10.5) Central Description: Investment Chile reserves the right to adopt or maintain any measure relating to residency requirements for the ownership, by investors of the other Party or their investments, of coastal lands. Chile reserves the right to adopt or maintain any measure relating to the ownership or control of coastal land used for agriculture. In the case of a legal entity, a majority of each class of shares may be required to be owned by Chilean natural persons or persons resident in Chile. A person who resides in Chile 183 days a year or more is considered a resident. Measures in force: Decree Law 1.939, Official Gazette, November 10, 1977, Rules on the acquisition, administration and disposition of State property, Title I.
2. Sector: All Sectors Subsector: Obligations Affected: National Treatment (Article 10.4) Senior Executives and Boards of Directors (Article 10.9) Level of government: Central Description: Investment Chile, in selling or disposing of an equity interest or assets of an existing state enterprise or existing governmental entity, reserves the right to prohibit or impose limitations on the ownership of such interest or assets, and on the ability of the owners of such interest or assets to control any resulting enterprise, by investors of the other Parties or of a non-Party or their investments. In connection with any such sale or other disposition, Chile may adopt or maintain any measure relating to the nationality of senior management or members of the board of directors. For purposes of this reservation: (a) any measure maintained or adopted after the date of entry into force of this Additional Protocol which, at the time of sale or other disposition, prohibits or imposes limitations on participation in equity interests or assets or imposes nationality requirements described in this reservation, shall be deemed to be a measure in effect; and (b) State enterprise means an enterprise owned or controlled by Chile through ownership interest and includes an enterprise established after the date of entry into force of this Additional Protocol solely for the purpose of selling or disposing of the equity interest in, or the assets of, an existing State enterprise or governmental entity. Measures in force:
3. Sector: All Sectors Subsector: Obligations Affected: Most-Favored-Nation Treatment (Articles 9.4 and 10.5) Level of government: Central Description: Investment and Cross-Border Trade in Services Chile reserves the right to adopt or maintain any measure that grants different treatment to countries in accordance with any bilateral or multilateral international treaty in force or to be subscribed prior to the date of entry into force of this Additional Protocol. Chile reserves the right to adopt or maintain any measure that grants different treatment to countries in accordance with any international treaty in force or to be subscribed after the date of entry into force of this Additional Protocol in matters of: (a) aviation; (b) fishing, or (c) maritime affairs, including salvage. Measures in force:
4. Sector: Minority Issues Subsector: Obligations Affected: National Treatment (Articles 9.3 and 10.4) Most-Favored-Nation Treatment (Articles 9.4 and 10.5) Local Presence (Article 9.5) Performance Requirements (Article 10.8) Senior Executives and Boards of Directors (Article 10.9) Level of government: Central Description: Investment and Cross-Border Trade in Services Chile reserves the right to adopt or maintain any measure that grants rights or preferences to socially or economically disadvantaged minorities. Measures in force:
5. Sector: Issues Related to Native Populations Subsector: Obligations Affected: National Treatment (Articles 9.3 and 10.4) Most-Favored-Nation Treatment (Articles 9.4 and 10.5) Local Presence (Article 9.5) Performance Requirements (Article 10.8) Senior Executives and Boards of Directors (Article 10.9) Level of government: Central Description: Investment and Cross-Border Trade in Services Chile reserves the right to adopt or maintain any measure that grants rights or preferences to indigenous populations. Measures in force:
6. Sector: Communications Subsector: Digital telecommunications services of one-way satellite transmissions whether direct-to-home television, direct broadcasting of television and direct audio services; complementary telecommunications services; and limited telecommunications services. Obligations Affected: National Treatment (Article 9.3) Most-Favored-Nation Treatment (Article 9.4) Local Presence (Article 9.5 ) Level of government: Central Description: Cross-Border Trade in Services Chile reserves the right to adopt or maintain any measure with respect to digital telecommunications services of one-way satellite transmissions whether direct-to-home television, direct broadcasting of television and direct audio services; complementary telecommunications services; and limited telecommunications services. Measures in force: Law 18.168, Official Gazette, October 2, 1982, General Telecommunications Law, Titles I, II, III, V and VI.
7. Sector: Communications Subsector: Digital telecommunications services of one-way satellite transmissions whether direct-to-home television, direct broadcasting of television and direct audio services; supplementary telecommunications services and limited telecommunications services. Obligations Affected: National Treatment (Article 10.4) Most-Favored-Nation Treatment (Article 10.5) Performance Requirements (Article 10.8) Senior Executives and Boards of Directors (Article 10.9) Level of government: Central Description: Investment Chile reserves the right to adopt or maintain any measure with respect to investors or investment by investors of other Parties in digital telecommunications services of one-way satellite broadcasting, direct-to-home television, direct broadcasting of television and direct audio services, complementary telecommunications services and limited telecommunications services. Measures in force: Law 18.168, Official Gazette, October 2, 1982, General Telecommunications Law, Titles I, II and III.
8. Sector: Education Subsector: Obligations Affected: National Treatment (Article 9.3) Most-Favored-Nation Treatment (Article 9.4) Local Presence (Article 9.5) Performance Requirements (Article 10.8) Senior Executives and Boards of Directors (Article 10.9) Level of government: Central Description: Investment and Cross-Border Trade in Services Chile reserves the right to adopt or maintain any measure with respect to: (a) investors and the investment of investors of another Party, and (b) to natural persons providing education services. Subparagraph (b) includes teachers and auxiliary personnel rendering educational services at the basic, pre-basic, kindergarten, nursery, differential, secondary, higher, professional, technical, university and other persons rendering services related to education, including the sponsors, in educational establishments of any type, schools, colleges, high schools, academies, training centers, professional and technical institutes and/or universities. This measure does not apply to investors and investors' investment in private pre-school or kindergarten, elementary, middle or high school education establishments that do not receive fiscal resources, nor to the provision of training services related to a second language, business training, industrial and commercial training and skills upgrading and education consulting services, including technical support and advisory, curriculum and program development. Measures in force:
9. Sector: Government finances Subsector: Obligations Affected: National Treatment (Article 10.4) Level of government: Central Description: Investment Chile reserves the right to adopt or maintain any measure with respect to the acquisition, sale, or other disposition by nationals of the other Parties of bonds, treasury securities or other types of debt instruments issued by the Central Bank or the Government of Chile. Measures in force:
10. Sector: Fishing Subsector: Fishing activities Obligations Affected: National Treatment (Articles 9.3 and 10.4) Most-Favored-Nation Treatment (Articles 9.4 and 10.5) Level of government: Central Description: Investment and Cross-Border Trade in Services Chile reserves the right to control the fishing activities of foreigners, including landing, first landing of processed fish at sea and access to Chilean ports (port privilege). Chile reserves the right to control the use of beaches, beach lands, portions of water and seabed for the granting of maritime concessions. For greater certainty, "maritime concessions" does not include aquaculture. Measures in force: Decree Law 2.222, Official Gazette, May 31, 1978, Navigation Law, Titles I, II, III, IV and V. Decree with Force of Law 340, Official Gazette, April 6, 1960, on Maritime Concessions. Supreme Decree 660, Official Gazette, November 28, 1988, Regulation of Maritime Concessions. Supreme Decree No. 123, Ministry of Economy, Undersecretariat of Fisheries, Official Gazette, August 23, 2004, on the Use of Ports.
11. Sector: Cultural Industries Subsector: Obligations Affected: Most-Favored-Nation Treatment (Articles 9.4 and 10.5) Level of government: Central Description: Investments and Cross-Border Trade in Services Chile reserves the right to adopt or maintain any measure that grants different treatment to countries under any existing or future bilateral or multilateral international treaty with respect to cultural industries, such as audiovisual cooperation agreements. For greater certainty, government support programs, through subsidies, for the promotion of cultural activities are not subject to the limitations or obligations of this Additional Protocol. Cultural industries means any person who engages in any of the following activities: (a) the publication, distribution or sale of books, magazines, periodicals or printed or electronic newspapers, but does not include the isolated activity of printing or typesetting of any of the foregoing; (b) the production, distribution, sale or exhibition of film or video recordings; (c) the production, distribution, sale or exhibition of audio or video recordings of music; (d) the production, distribution or sale of printed or machine-readable music, or (e) radiocommunications in which transmissions are intended to be received directly by the general public, as well as all activities related to radio, television and cable transmission and services satellite programming and transmission networks.
12. Sector: Cultural Industries Subsector: Audiovisual and broadcasting services Obligations Affected: National Treatment (Article 9.3) Most-Favored-Nation Treatment (Articles 9.4 and 10.5) Performance Requirements (Article 10.8) Level of government: Central Description: Investment and Cross-Border Trade in Services Chile reserves the right to adopt or maintain any measure with respect to cinematographic exhibition or distribution of films or videos, as well as sound broadcasting, in which the transmissions are intended to be received directly by the general public, as well as all activities related to radio, television and cable transmission and satellite programming services and transmission networks. In the event that Chile adopts or maintains a measure that requires a specific percentage of exhibition, distribution or broadcasting of national production of music, films or videos, this may not exceed more than one third of the total. For the purposes of the measure described in the preceding paragraph, by previously proving that natural or juridical persons of Chile are granted a better treatment in the territory of another Party, this same treatment shall be extended in Chile to natural or juridical persons of such Party. Measures in force:
13. Sector: Social Services Subsector: Obligations Affected: National Treatment (Articles 9.3 and 10.4) Most-Favored-Nation Treatment (Articles 9.4 and 10.5) Local Presence (Article 9.5) Performance Requirements (Article 10.8) Senior Executives and Boards of Directors (Article 10.9) Level of government: Central Description: Investment and Cross-Border Trade in Services Chile reserves the right to adopt or maintain any measure with respect to the enforcement of public law and the provision of social rehabilitation services, as well as the following services, insofar as they are social services that are established or maintained in the public interest: income insurance or security, social security services, social welfare, public education, public training, health and child care. Measures in force:
14. Sector: Environmental Services Subsector: Obligations Affected: National Treatment (Article 9.3) Most-Favored-Nation Treatment (Article 9.4) Local Presence (Article 9.5) Level of government: Central Description: Cross-Border Trade in Services Chile reserves the right to adopt or maintain any measure relating to the imposition of requirements that the production and distribution of potable water, the collection and disposal of sewage, and sanitary services such as sewage, waste disposal and sewage treatment may only be provided by Chilean legal persons or persons created in accordance with requirements established by Chilean law. This reservation does not apply to consulting services contracted by such legal entities. Measures in force:
15. Sector: Construction Related Services Subsector: Obligations Affected: National Treatment (Article 9.3) Local Presence (Article 9.5) Level of government: Central Description: Cross-Border Trade in Services Chile reserves the right to adopt or maintain any measure relating to the supply of construction services by foreign legal persons or entities. Measures may include requirements such as residency, registration and/or any other form of local presence, or the obligation to provide a financial guarantee for the work as a condition for the provision of construction services. Measures in force:
16. Sector: Ground Transportation Subsector: Road transportation Obligations Affected: National Treatment (Articles 9.3) Level of government: Central Description: Cross-Border Trade in Services Chile reserves the right to adopt or maintain any measure in relation to land transportation of goods or persons within the territory of the Republic of Chile (cabotage). Such activities are reserved to Chilean legal or natural persons, which must use Chilean vehicles. Measures in force:
17. Sector: International Ground Transportation Subsector: Road transportation Obligations Affected: National Treatment (Articles 9.3 and 10.4 ) Most-Favored Nation (Articles 9.4 and 10.5) Local Presence (Article 9.5) Level of government: Central Description: Investment and Cross-Border Trade in Services Chile reserves the right to adopt or maintain any measure relating to international land transportation of cargo or passengers in border areas. In addition, Chile reserves the right to adopt or maintain the following limitations on the supply of international land transportation services from Chile: (1) the service provider must be a Chilean natural or legal person; (2) have a real and effective domicile in Chile, and (3) in the case of a legal entity, be legally incorporated in Chile and have more than 50% of its capital stock and effective control in the hands of Chilean nationals. Measures in force:
18. Sector: All Sectors Obligations Affected: Market Access (Article 9.6) Level of government: Central Description: Cross-Border Trade in Services Chile reserves the right to adopt or maintain any measure related to Article 9.6 (Market Access), except for the following sectors and subsectors subject to the limitations and conditions listed below: Legal services: For (a) and (c): None, except in the case of bankruptcy trustees who must be duly authorized by the Ministry of Justice, and may only work in the place where they reside. For (b): None. For (d): No commitments, except as indicated in the restriction of the Labor Code. Architectural services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code. Engineering services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code. Veterinary services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code. Services provided by midwives, nurses, physiotherapists and paramedical personnel: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the Labor Code restriction. Computer and related services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code. Real estate services: Involving real estate owned or leased or on commission or contract: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code. Leasing or rental services without operators, relating to to ships, aircraft, any other transport equipment and other machinery and equipment: For (a), (b) and (c): None. For d): No commitments, except as indicated in the restriction of the Labor Code. Advertising services, market research and public opinion polls, management consulting services related to those of management consultants, and technical testing and analysis: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code. Services related to agriculture, hunting and forestry: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code. Services related to mining, placement and supply of personnel, and research and security: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code. Maintenance and repair services of equipment (excluding vessels, aircraft or other transportation equipment), building cleaning services, photographic services, packing services and services rendered on the occasion of assemblies and conventions: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code. Publishing and printing services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code. Domestic or international long-distance telecommunications services: For (a), (b), (c) and (d): Chile reserves the right to adopt or maintain any measure that is not inconsistent with Chile's obligations under Article XVI of the GATS. Intermediate telecommunications services, complementary telecommunications services, limited telecommunications services. For (a), (b) and (c): a concession granted by means of a Supreme Decree issued by the Ministry of Transport and Telecommunications is required for the installation, operation, and exploitation of public and intermediate telecommunications services in the territory of Chile. Only legal entities incorporated under Chilean law will be eligible for such concession. An official pronouncement issued by the Undersecretariat of Telecommunications is required to carry out Complementary Telecommunications Services, which consist of additional services provided through the connection of equipment to public networks. Said pronouncement refers to compliance with the technical standards established by the Undersecretariat of Telecommunications and the non-alteration of the essential technical characteristics of the networks or the use that they technologically allow, or the modalities of the basic service provided with them. A permit issued by the Undersecretariat of Telecommunications is required for the installation, operation and development of limited telecommunications services. International traffic must be routed through the facilities of a company holding a concession granted by the Ministry of Transportation and Telecommunications. For (d): No commitments, except as indicated in the restriction of the Labor Code. Commission agent services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code. Wholesale trade services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code. Retail business services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code. Franchise services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code. Hotel and restaurant services (including contract catering services), travel agency and group travel arrangement services, tour guides: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code. Entertainment services (theaters, bands and orchestras, and circuses, services provided by authors, composers, sculptors, entertainers and other individual artists, amusement parks, and other similar amusement services, dance halls, discotheques, and other entertainment services, and theatrical performances, and the services provided by theatrical, circus performers, and dance academies), news agency services, libraries, archives, museums and other cultural services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code. Sports services: For (a), (b) and (c): None, except that a specific type of legal entity is required for sports organizations engaged in professional activities. In addition, (1) no more than one team may participate in the same category of a sports competition; (2) regulations may be established to prevent concentration of ownership of sports organizations; and (3) minimum capital requirements may be imposed. Para (d): No commitments, except as indicated in the restriction of the Labor Code. Services of operation of facilities for competitive sports and for recreational sports: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code. Recreational park services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the Labor Code restriction. Road transport services: rental of commercial vehicles with driver, maintenance and repair of road transport equipment, road, bridge and tunnel services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the Labor Code restriction. Ancillary services in connection with all modes of transportation: loading and unloading services, warehousing services, freight forwarding agency services. For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code. Pipeline transportation services (transportation of fuels and other products): For (a), (b) and (c): None, except that the service must be supplied by a juridical person constituted under Chilean law and the supply of the service may be subject to a concession under national treatment conditions. For (d): No commitments, except as indicated in the restriction of the Labor Code. Aircraft repair and maintenance services: For (a): No commitments. For (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code. Air transport sales and marketing services, computer reservation system services, specialized air services: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code. Research and development services in the natural sciences: For (a) and (c): None, except that an operations permit is required and the State Borders and Boundaries Directorate may arrange for the expedition to include one or more representatives of the relevant Chilean activities, in order to participate and learn about the studies and their scope. For (b): None. For (d): No commitments, except as indicated in the restriction of the Labor Code. Research and development services in the social sciences and humanities: For (a), (b) and (c): None. For (d): No commitments, except as indicated in the restriction of the Labor Code. Interdisciplinary research and development services: For (a) and (b): None. For (c): None, except that an operating permit is required. For (d): No commitments, except as indicated in the restriction of the Labor Code. For the purposes of this non-conforming measure: 1. (a) refers to the supply of a service from the territory of one Party to the territory of another Party; 2. (b) refers to the supply of a service in the territory of a Party by a person of that Party to a person of another Party; 3. (c) relates to the supply of a service in the territory of a Party by an investor of another Party or a covered investment, and 4. (d) refers to the supply of a service by a national of a Party in the territory of another Party.
Annex II. List of Colombia
1. Sector: Some Sectors Subsector: Obligations Affected: Market Access (Article 9.6) Level of government: Central Description: Cross-Border Trade in Services Colombia reserves the right to adopt or maintain any measure on: (a) investigation and security services; (b) research and development services; (c) the establishment of exclusive service areas for services related to the distribution of energy and fuel gas in order to guarantee the provision of universal service; (d) distribution services - wholesale and retail commercial services in sectors in which the Government establishes a monopoly, in accordance with Article 336 of the Political Constitution of Colombia, whose revenues are dedicated to public or social services. As of the date of signature of this Additional Protocol, Colombia has established monopolies only with respect to liquor and lottery; (e) The requirement of a specific type of legal entity form for primary and secondary education services, and the requirement of a specific type of legal entity form for higher education services; (f) services related to the environment that are established or maintained for reasons of public interest; (g) health and social services, and health-related professional services; (h) library, archives and museum services; (i) sports and other recreational services; (j) the number of concessions and the total number of operations for passenger transport services by road, passenger and freight transport services by rail, pipeline transport services, ancillary services in relation to all modes of transport and other transport services. For greater certainty, no measure shall be inconsistent with Colombia's obligations under Article XVI of the GATS. Measures in force:
2. Sector: All Sectors Subsector: Obligations Affected: National Treatment (Article 10.4) Level of government: Central Description: Investment Colombia reserves the right to adopt or maintain measures related to the ownership of real estate by foreigners in the border regions, the national coasts or the insular territory of Colombia. For the purposes of this sheet: (a) border region means an area two kilometers wide, parallel to the national boundary line; (b) national coastline means an area two kilometers wide, parallel to the line of the highest tide, and (c) insular territory means the islands, islets, cays, keys, morros and banks that are part of the territory of Colombia. Measures in force:
3. Sector: All Sectors Subsector: Obligations affected: Most-Favored-Nation Treatment (Articles 9.4 and 10.5) Level of government: Central Description: Investment and Cross-Border Trade in Services Colombia reserves the right to adopt or maintain any measure that grants different treatment to countries under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Additional Protocol. Colombia reserves the right to adopt or maintain any measure that grants different treatment to countries under any bilateral or multilateral international agreement in force or signed after the date of entry into force of this Additional Protocol in matters of: (a) aviation; (b) fishing, and (c) maritime affairs, including salvage. Measures in force:
4. Sector: Social Services Subsector: Obligations Affected: National Treatment (Articles 9.3 and 10.4) Most-Favored-Nation Treatment (Articles 9.4 and 10.5) Local Presence (Article 9.5) Market Access (Article 9.6) Performance Requirements (Article 10.8) Senior Executives and Boards of Directors (Article 10.9) Level of government: Central Description: Investment and Cross-Border Trade in Services Colombia reserves the right to adopt or maintain any measure with respect to the application and enforcement of laws and the provision of correctional services, and of the following services to the extent that they are social services that are established or maintained in the public interest: social rehabilitation, income insurance or security, social security services, social welfare, public education and training, health and child care. For greater certainty, the comprehensive social security system in Colombia is currently comprised of the following mandatory systems: the General Pension System, the General Social Security Health System, the General Professional Risks System and the Unemployment and Unemployment Assistance System. Measures in force:
5. Sector: Minority and Ethnic Group Issues Subsector: Obligations Affected: National Treatment (Articles 9.3 and 10.4) Most-Favored-Nation Treatment (Articles 9.4 and 10.5) Local Presence (Article 9.5) Market Access (Article 9.6) Performance Requirements (Article 10.8) Senior Executives and Boards of Directors (Article 10.9) Level of government: Central Description: Investment and Cross-Border Trade in Services Colombia reserves the right to adopt or maintain any measure that grants rights or preferences to socially or economically disadvantaged minorities and their ethnic groups, including with respect to communal lands owned by ethnic groups in accordance with Article 63 of the Political Constitution of Colombia. The ethnic groups in Colombia are: the indigenous and ROM (gypsy) peoples, the Afro-Colombian communities and the Raizal community of the Archipelago of San Andrés, Providencia and Santa Catalina. Measures in force:
6. Sector: Cultural Industries and Activities Subsector: Obligations Affected: National Treatment (Articles 9.3 and 10.4) Most-Favored-Nation Treatment (Articles 9.4 and 10.5) Level of government: Central Description: Investment and Cross-Border Trade in Services For the purposes of this fact sheet, the term cultural industries and activities means: (a) publication, distribution, or sale of books, magazines, periodicals, or electronic or printed newspapers, excluding the printing or typesetting of any of the foregoing; (b) production, distribution, sale or exhibition of film or video recordings; (c) production, distribution, sale or exhibition of musical recordings in audio or video format; (d) production and presentation of performing arts; (e) production or exhibition of visual arts; (f) production, distribution or sale of printed music, or machine-readable music; (g) design, production, distribution and sale of handicrafts; (h) broadcasting to the general public, as well as all radio, television and activities related to cable television, satellite television and broadcasting networks; or (i) creation and design of advertising content. Colombia reserves the right to adopt or maintain any measure granting preferential treatment to persons from any other country through any treaty between Colombia and such country, which contains specific commitments regarding cultural cooperation or co-production, with respect to industries and activities. cultural.For greater certainty, Articles 10.4 (National Treatment) and 10.4 (National Treatment) and 10.5 (Most Favored Nation Treatment) do not apply to "government support".1 Colombia may adopt or maintain any measure that grants to a person of another Party treatment equivalent to that granted by that other Party to Colombian persons in the audiovisual, musical or publishing sectors. Measures in force: 1 For the purposes of this fact sheet, government support means tax incentives, incentives for the reduction of mandatory contributions, grants provided by a government, loans provided by a government, and guarantees, autonomous estates or insurance provided by a government, regardless of whether a private entity is wholly or partially responsible for their administration.
7. Sector: Jewelry Design Performing Arts Music Visual Arts Audiovisuals Publishing Subsector: Obligations Affected: National Treatment (Article 9.3) Performance Requirements (Article 10.8) Level of government: Central Description: Investment and Cross-Border Trade in Services Colombia reserves the right to adopt or maintain any measure conditioning the receipt or continued receipt of government support2 for the development and production of jewelry design, performing arts, music, visual arts, audiovisual, and publishing, on the recipient achieving a given level or percentage of domestic creative content. For greater certainty, this fact sheet does not apply to advertising and performance requirements shall in all cases be consistent with the WTO Agreement on Trade-Related Investment Measures. Measures in force: 2 As defined in the footnote to tab 6.
8. Sector: Craft Industries Subsector: Obligations Affected: National Treatment (Article 9.3) Performance Requirements (Article 10.8) Level of government: Central Description: Investment and Cross-Border Trade in Services Colombia reserves the right to adopt or maintain any measure related to the design, distribution, retail sale, or exhibition of handicrafts identified as Colombian handicrafts. For greater certainty, performance requirements should in all cases be consistent with the WTO Agreement on Trade-Related Investment Measures. Measures in force:
9. Sector: Audiovisual Subsector: Advertising Obligations Affected: National Treatment (Article 9.3) Performance Requirements (Article 10.8) Level of government: Central Description: Investment and Cross-Border Trade in Services Cinematographic Works (a) Colombia reserves the right to adopt or maintain any measure requiring that a specified percentage (not to exceed 15%) of the total number of cinematographic works shown annually in movie theaters or exhibition halls in Colombia consist of Colombian cinematographic works. In order to establish such percentages, Colombia shall take into account the conditions of national film production, the existing exhibition infrastructure in the country and the attendance averages. Cinematographic Works on Television Broadcasting (b) Colombia reserves the right to adopt or maintain any measure requiring that a specified percentage (not to exceed 10%) of the total number of cinematographic works shown annually on free television channels consist of Colombian cinematographic works. In order to establish such percentage, Colombia shall take into account the availability of national cinematographic works for free-to-air television. Such works shall count as part of the domestic content requirements that apply to the channel as described in tab 18 of Open Television, National Television section of its Annex I List. Community Television (3) (c) Colombia reserves the right to adopt or maintain any measure requiring a company to specific portion of weekly community television programming (not to exceed 56 hours per week) consists of national programming produced by the community television operator. Commercial Free-To-Air Television on Multicanal (d) Colombia reserves the right to impose the minimum programming requirements set forth in tab 18 of Open Television, National Television section of its Schedule to Annex I, on multichannel commercial open television, except that these requirements may not be imposed on more than two channels or 25% of the total number of channels (whichever is greater) made available by the same provider. Advertising (e) Colombia reserves the right to adopt or maintain any measure requiring that a specified percentage (not to exceed 20%) of the total advertising orders contracted annually with media services companies established in Colombia, other than newspapers, journals and subscription services headquartered outside Colombia, be produced and created in Colombia. Any such measures shall not apply to: (i) the advertising of movie premieres in theaters or exhibition halls, and (ii) any media where the programming or content originates outside Colombia or to the rebroadcasting or rebroadcasting of such programming within Colombia. Measures in force:
10. Sector: Traditional Expressions Subsector: Obligations Affected: National Treatment (Articles 9.3 and 10.4) Level of government: Central Description: Investment and Cross-Border Trade in Services Colombia reserves the right to adopt or maintain any measure that grants rights or preferences to local communities with respect to the support and development of expressions related to the intangible cultural heritage declared under Resolution No. 0168 of 2005. Such measures must not be inconsistent with the WTO TRIPS Agreement. Measures in force:
11. Sector: Interactive Audio and/or Video Services Subsector: Obligations Affected: National Treatment (Article 9.3) Performance Requirements (Article 10.8) Level of government: Central Description: Investment and Cross-Border Trade in Services Colombia reserves the right to adopt or maintain measures to ensure that, where the Government of Colombia finds that Colombian audiovisual content is not readily available to Colombian consumers, access to Colombian audiovisual content programming through interactive audio and/or video services is not unreasonably denied to Colombian consumers. At least 90 days prior to the implementation of the measure, Colombia shall provide to another Party concerned information that forms the basis for the Colombian Government's determination regarding the obstacles that make Colombian audiovisual content not readily available to Colombian consumers, in addition to a description of the measure to be implemented. Such measures must be consistent with Colombia's obligations under the GATS. Measures in force:
12. Sector: Professional Services Subsector: Obligations Affected: National Treatment (Article 9.3) Most-Favored-Nation Treatment (Article 9.4) Local Presence (Article 9.5) Market Access (Article 9.6) Level of government: Central Description: Cross-Border Trade in Services Colombia reserves the right to adopt or maintain any measure that allows a professional who is a national of another Party to practice, only to the extent that the Party where such professional practices, offers a treatment compatible with the obligations referred to in this tab to Colombian nationals in the processes and requirements of authorization, licensing or certification to practice such profession. Notwithstanding the foregoing, Colombia shall allow professionals who were practicing in its territory prior to the entry into force of this Additional Protocol, in accordance with Colombian law, to continue to practice in accordance with existing laws. For the purposes of this tab, the Party in which professionals practice is the territory within which the professional obtained his or her professional license to practice and has practiced most of the time during the past 12 months. This measure does not apply to a country that has a bilateral agreement in force with Colombia on the recognition of professional degrees. Measures in force:
13. Sector: Land and River Transportation Subsector: Obligations Affected: Most-Favored-Nation Treatment (Article 9.4) Level of government: Central Description: Cross-Border Trade in Services Colombia reserves the right to adopt or maintain any measure that grants different treatment to countries under any bilateral or multilateral international agreement signed after the date of entry into force of this Additional Protocol on land and river transport services. Measures in force:
Annex II. List of Mexico
1. Sector: All Sectors Subsector: Obligations Affected: National Treatment (Article 9.3) Level of Government: Federal 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 securities or any other class of debt instruments issued by federal, state or local governments. Measures in force:
2. Sector: Minority Issues Subsector: Obligations Affected: National Treatment (Article 9.3) Local Presence (Article 9.5) Level of government: Federal Description: Cross-Border Trade in Services Mexico reserves the right to adopt or maintain any measure that grants rights or preferences to socially or economically disadvantaged groups. Measures in force: Political Constitution of the United Mexican States, Article 4
3. Sector: Communications Subsector: Telecommunications and postal services Obligations Affected: National Treatment (Articles 9.3 and 10.4) Most-Favored-Nation Treatment (Articles 9.4 and 10.5) Local Presence (Article 9.5) Senior Executives and Boards of Directors (Article 10.9) Level of Government: Federal Description: Investment and Cross-Border Trade in Services Mexico reserves the right to adopt or maintain any measure relating to the supply of services and investment associated with the following subsectors: 1. telegraph service; 2. radiotelegraphy services; 3. Service Postal Service: operation, administration and organization of correspondence. Measures in force: Political Constitution of of the Estados United States States, articles 25 and 28 General Communication Roads Law Mexican Postal Service Law, Title I, Chapter III Foreign Investment Law Federal Telecommunications Law, Chapter I
4. Sector: Communications Subsector: Control, inspection and surveillance of land and sea ports Obligations Affected: National Treatment (Articles 9.3 and 10.4) Most-Favored-Nation Treatment (Articles 9.4 and 10.5) Local Presence (Article 9.5) Level of government: Federal Description: Investment and Cross-Border Trade in Services Mexico reserves the right to adopt or maintain any measure with respect to the provision of services and investment associated with the control, inspection and surveillance of maritime and land ports. Measures in force: Maritime Navigation and Commerce Law Ports Law Law of General Roads of Communication Foreign Investment Law
5. Sector: Communications Subsector: Control, inspection and surveillance of airports and heliports Obligations Affected: National Treatment (Articles 9.3 and 10.4) Most-Favored-Nation Treatment (Articles 9.4 and 10.5) Local Presence (Article 9.5) Level of government: Federal Description: Investment and Cross-Border Trade in Services Mexico reserves the right to adopt or maintain any measure with respect to the provision of air traffic control services, aeronautical meteorology, aeronautical telecommunications services, dispatch and flight control and other telecommunications services related to air navigation services. Measures in force: Political Constitution of the United Mexican States, Article 32 Airport Law, Chapter II General Communications Law Federal Telecommunications Law Foreign Investment Law, Title I, Chapter II Decree Creating the Decentralized Organization of "Services to Navigation in the Mexican Airspace" (SENEAM)
6. Sector: Energy Subsector: Petroleum and other hydrocarbons Basic petrochemicals Electricity. Nuclear energy Treatment of radioactive minerals Obligations Affected: National Treatment (Articles 9.3 and 10.4) Most-Favored-Nation Treatment (Articles 9.4 and 10.5) Local Presence (Article 9.5) Senior Executives and Boards of Directors (Article 10.9) Level of Government: Federal Description: Investment and Cross-Border Trade in Services Mexico reserves the right to adopt or maintain any measure relating to the supply of services and investment associated with the following sub-sectors, except as set out in its Schedule to Annex I: 1. Petroleum, Other Hydrocarbons and Basic Petrochemicals: (a) exploration and exploitation of crude oil and natural gas; refining or processing of crude oil and natural gas; and production of artificial gas, basic petrochemicals and their inputs and pipelines; (b) transportation, storage and distribution, up to and including the first-hand sale of the following goods: crude oil, artificial gas; energy goods and basic petrochemicals obtained from the refining or processing of crude oil; and basic petrochemicals; and (c) foreign trade, up to and including the first-hand sale of the following goods: crude oil; artificial gas, energy goods and basic petrochemicals obtained from the refining or processing of crude oil. 2. Electricity: the provision of public electricity services in Mexico, including the generation, transmission, transformation, distribution and sale of electricity. 3. Nuclear Energy and Radioactive Minerals Processing: exploration, mining and processing of radioactive minerals, the nuclear fuel cycle, the nuclear power generation, the transport and storage of nuclear waste, the use and reprocessing of nuclear fuel and the regulation of its applications for other purposes, as well as the production of heavy water. Measures in force: Political Constitution of of the Estados United States States, articles 25, 27 and 28 Foreign Investment Law Regulatory Law of Article 27 of the Constitution on Nuclear Matters Regulatory Law of Article 27 of the Mexican Constitution in the Oil Industry and its Regulations Law of Petróleos Mexicanos Regulation of the Law of Petróleos Mexicanos Law of the Public Service of Electric Power Regulations of the Electric Energy Public Service Law