Cross-Border Services
A concession granted by the Ministryof Communications and Transportation(Secretaría de Comunicaciones yTransportes, SCT) is required toconstruct and operate, or operate,
maritime and inland port terminals,
including docks, cranes and relatedfacilities. Only Mexican nationals
and Mexican enterprises may obtainsuch a concession.
A permit issued by the SCT isrequired to provide stevedoring andwarehousing services. Only Mexicannationals and Mexican enterprises mayobtain such a permit.
None
1145
45 Sector:
Sub-Sector:
IndustryClassification:
Transportation
Water Transportation
CMAP 973203 Management of Ports
Type ofReservation:
National Treatment (Article 58)
Level of
Government:
Federal
Measures: Ports Law (Ley de Puertos), ChaptersIV and V
Description:
Phase-Out:
Regulations to the Ports Law(Reglamento de la Ley de Puertos),
Title I, Chapters I and VI
Foreign Investment Law (Ley deInversión Extranjera), Title I,
Chapter III
Investment
Investors of the other Party or theirinvestments may only own, directly orindirectly, up to 49 percent of theownership interest of a Mexicanenterprise authorized to act as anintegral port administrator.
An integral port administrationexists when the planning,
programming, development and otheractions relating to the goods andservices of a port are whollyentrusted to a corporation, by meansof a concession for the use,
enjoyment and exploitation of thegoods and the supply of therespective services.
None
1146
46 Sector
Sub-Sector:
IndustryClassification:
Type ofReservation:
Transportation
Water Transportation
CMAP 973203 Management of Ports(limited to pilotingport services)
National Treatment (Article 58)
Level of
Government:
Federal
Measures: Navigation Law (Ley de Navegación),
Title III, Chapter III
Foreign Investment Law (Ley deInversión Extranjera), Title I,
Chapter III
Ports Law (Ley de Puertos), ChaptersIV and VI
Description:
Phase-Out:
Investment
Investors of the other Party or theirinvestments may only participate,
directly or indirectly, up to 49percent in Mexican enterprisesengaged in the supply of pilotingport services to vessels operating ininland navigation.
None
Annex 7 referred to in Chapters 7 and 8 . Reservations for Future Measures
1. The Schedule of a Party sets out, pursuant toparagraph 3 of Articles 66 and 101, the reservations takenby that Party with respect to specific sectors, sub-sectorsor activities for which it may maintain existing, or adoptnew or more restrictive, measures that do not conform withobligations imposed by:
(a) Article 58 or 98 (National Treatment);
(b) Article 59 or 99 (Most-Favored-Nation Treatment);
(c) Article 64 (Senior Management and Boards ofDirectors);
(d) Article 65 (Performance Requirements); or
(e) Article 100 (Local Presence).
2. Each reservation sets out the following elements:
(a) “Sector” refers to the general sector in which areservation is taken;
(b) “Sub-Sector” refers to the specific sector inwhich a reservation is taken;
(c) “Industry Classification” refers, whereapplicable, to the activity covered by thereservation according to domestic industryclassification codes;
(d) “Type of Reservation” specifies the obligationreferred to in paragraph 1 above for which areservation is taken;
(e) “Description” sets out the scope of the sector,
sub-sector or activities covered by thereservation; and
(f) “Existing Measures” identifies, for transparencypurposes, existing measures that apply to thesector, sub-sector or activities covered by thereservation.
3. In the interpretation of a reservation, all elementsof the reservation shall be considered. The “Description”
element shall prevail over all other elements.
1148
4. Nothing in this Annex shall affect interpretation ofthe provision of subparagraph 2(c) of Article 97 withrespect to measures affecting traffic rights in airtransport services or services directly related to theexercise of such traffic rights.
5. Nothing in the reservation for Article 65 lodged inthe Schedule of Japan shall be construed so as to derogatefrom the obligations of Japan under the Agreement on TradeRelated Investment Measures in Annex 1A to the WTO
Agreement.
6. For the purposes of this Annex:
the term “CMAP” means Mexican Classification of
Activities and Products (Clasificación Mexicana deActividades y Productos) numbers as set out inNational Institute for Statistics, Geography andInformatics (Instituto Nacional de Estadística,
Geografía e Informática), Mexican Classification ofActivities and Products (Clasificación Mexicana deActividades y Productos), 1994; and
the term “JSIC” means Japan Standard IndustrialClassification numbers as set out in the Statistics
Bureau, Ministry of Internal Affairs andCommunications, Japan Standard IndustrialClassification, revised March 7, 2002.
1149
1 Sector:
Schedule of Japan
All Sectors
Sub-Sector:
IndustryClassification:
Type ofReservation:
Description:
National Treatment (Article 58)
Senior Management and Boards ofDirectors (Article 64)
Investment
When transferring or disposing of itsequity interests in, or the assetsof, a state enterprise or agovernmental entity, Japan may:
(a) prohibit or impose limitationson the ownership of suchinterests or assets by investorsof Mexico or their investments;
(b) impose limitations on theability of investors of Mexicoor their investments as owners
of such interests or assets to
control any resultingenterprise; or
(c) adopt or maintain any measurerelating to the nationality ofsenior management or members ofthe board of directors of anyresulting enterprise.
In the event Japan adopts any measureregarding (a) or (b) above, or adoptsor maintains any measure referred toin (c) above, Japan shall describesuch measure in Annex 6 except incase it is with respect to JapanPost, state enterprises orgovernmental entities for betting andgambling services, and thosesuccessors.
ExistingMeasures:
1150
2 Sector: All Sectors
Sub-Sector:
IndustryClassification:
Type ofReservation:
Description:
National Treatment (Articles 58 and98)
Senior Management and Boards ofDirectors (Article 64)
Local Presence (Article 100)
Investment and Cross-Border Services
In the event where the supply oftelegraph services, postal servicesand betting and gambling services,
manufacture of tobacco products,
manufacture of Bank of Japan notes,
minting and sale of coinage in Japan,
which are restricted to designatedenterprises or governmental entities,
are liberalized to those other than
the designated enterprises orgovernmental entities, or in theevent where such designatedenterprises or governmental entitiesno longer operate on a non-commercialbasis, Japan may adopt or maintainany measure relating to thoseactivities.
In the event Japan adopts any measureregarding liberalization or operationof designated enterprises orgovernmental entities on a non-
commercial basis envisaged above,
Japan shall describe such measure inAnnex 6 except in case it is withrespect to telegraph services, postalservices or betting and gamblingservices.
ExistingMeasures:
1151
3 Sector: All Sectors
Sub-Sector:
IndustryClassification:
Type ofReservation:
Description:
ExistingMeasures:
National Treatment
(Article 58)
Investment
National Treatment may not beaccorded to investors of Mexico and
their investments with respect tosubsidies for research and
development.
1152
4 Sector:
Sub-Sector:
All Sectors (New Services)
IndustryClassification:
Type ofReservation:
Description:
National Treatment
(Article 98)
Most-Favored-Nation Treatment
(Article 99)
Local Presence (Article 100)
Cross-Border Services
Japan reserves the right to adopt ormaintain any measure relating to newservices other than those recognizedor that should have been recognizedowing to the then circumstances atthe time of entry into force of thisAgreement by the Government of Japan.
Japan reserves the right to adopt ormaintain any measure relating to thesupply of services in any mode ofsupply in which those services werenot technically feasible at the timeof entry into force of thisAgreement.