Obligations Concerned: National Treatment (Article 12.5) Senior Executives and Boards of Directors (Article 12.10) Market Access (Article 13.5) Local Presence (Article 13.6)
Measures: Decree No. 156-98 Organic Law of the National Police, Article 91.
Agreement No. 0771-2005 dated June 18, 2005, Articles 5 and 15, paragraphs 1), t), u) and v).
Description: Investment and Cross-Border Trade in Services
Foreign companies requesting a permit for the provision of private security services must associate with Honduran companies engaged in the same activity and appoint a Honduran manager by birth.
Foreign employees providing services to private security companies in Honduras must present original criminal and police records from their country of origin, as well as a duly authenticated residence permit. To develop specific functions in security matters, foreign employees must present a photocopy of a permit from the General Directorate of Migration and Foreigners and the Secretary of State in the Office of Labor.
In the case of foreign partners or owners, they must present authenticated proof of criminal and police records from their country of origin and current residence.
Sector: Transportation- Specialized air services
Obligations Concerned: National Treatment (Article 13.3)
Measures: Decree No. 55-2004 dated May 19, 2004, Civil Aeronautics Law, Title Vill, Chapter I, Article 149.
Description: Cross-border trade in services
To perform private air services for remuneration, authorization is required from the General Directorate of Civil Aeronautics and to be a natural or juridical person of Honduran nationality.
The Directorate General of Civil Aeronautics, whenever it deems necessary, may authorize the temporary employment of foreign technical personnel and aircraft for the performance of private air services for remuneration.
Sector: Rail Transportation
Obligations Concerned: National Treatment (Article 12.5) Senior Executives and Boards of Directors (Article 12.10)
Measures: Decree No. 48 Ley Constitutiva del Ferrocarril Nacional de Honduras, Chapters I and VIIl, Article 32 and Article 12 amended by Decree No. 54.
Description: Investment
Ferrocarril Nacional de Honduras may sell its subsidiaries to private companies of Honduran nationality and to companies incorporated under Honduran law.
To be a manager of Ferrocarril Nacional, it is required to be a Honduran national by birth.
Sector: Maritime Transportation-Coastal Navigation.
Obligations Concerned: National Treatment (Articles 12.5 and 13.3) Most-Favored-Nation Treatment (Articles 12.6 and 13.4) Local Presence (Article 13.6)
Measures: Decree No. 167-94 dated January 2, 1995, Organic Law of the National Merchant Marine, Title Ill, Chapters 1, land Vil, Article 40.
Agreement No. 000764 Maritime Transportation Regulations dated December 13, 1997, Articles 5 and 6.
Description: Investment and Cross-Border Trade in Services
Cabotage navigation for mercantile purposes is reserved to Honduran merchant vessels. Exceptionally, when there are no Honduran merchant vessels or they are not available and for the time that such circumstance lasts, the General Directorate of the National Merchant Marine may authorize foreign merchant vessels, particularly those of Central American nationality, to provide cabotage services in Honduras.
The national shipping company must be incorporated under Honduran law, and at least fifty-one percent (51%) of its subscribed and paid-up capital stock must be owned by Honduran nationals and the company must be domiciled in Honduras.
Sector: Land Transportation
Obligations Concerned: National Treatment (Articles 12.5 and 13.3) Most Favored Nation Treatment (Article 13.4) Market Access (Article 13.5) Local Presence (Article 13.6)
Measures: Decree No. 319-1976 Land Transportation Law, Articles 3, 5 and 18.
Agreement No. 200, Regulation of the Land Transportation Law, Articles 7 and 34.
Decree No. 205-2005 Traffic Law of January 3, 2006, Article 46.
Description: Investment and Cross-Border Trade in Services
Domestic public land passenger transportation services and cargo transportation services may be provided only by Honduran nationals and companies incorporated under Honduran law, in which at least fifty-one percent (51%) of the capital is owned by Honduran nationals. For the provision of this service it is required to obtain a certificate of operation subject to an economic study.
International public land passenger transport services and cargo transport services may be provided by foreign nationals and by companies incorporated under the laws of a foreign country on the basis of reciprocity, but authorization for particular routes shall be granted in preference to nationals of Honduras and to companies incorporated under the law of Honduras.
Foreigners entering the national territory may drive with the valid license they carry and shall be subject to the principle of reciprocity.
Sector: Electric Power Services
Obligations Concerned: Market Access (Article 13.15)
Measures: Decree No. 158-94 dated November 26, 1994, Framework Law of the Electricity Sub Sector, Chapter V, Articles 15 and 23.
Description: Cross-border trade in services
Only the Government of Honduras, through the Empresa Nacional de Energia Eléctrica, may operate the transmission and conduction system of the Electricity Dispatch Center.
In order to be established in Honduras and to be able to provide electricity distribution services, a company must be incorporated as a trading company with nominal shares.
Sector: Communications Services - Postal Services (3)
Obligations Concerned: Market Access (Article 13.5)
Measures: Decree No. 120-93 Law Organic Law of of the Empresa Hondureña de Correos, Articles 3 and 4
Description: Cross-border trade in services
The operation of the postal service in Honduras is reserved exclusively for the Empresa Hondureña de Correos (HONDUCOR).
Sector: Leisure Services-Lotteries
Obligations Affected: Market Access (Article 13.5)
Measures: Decree No. 438 dated April 23, 1977, Art. 5 (c), Organic Law of the National Child Welfare Agency
Description: Cross-border trade in services
The Patronato Nacional de la Infancia (PANI) is responsible for the administration of the National Lottery.
Sector: Distribution- Wholesale and Retail - Weapons- ammunition and other related items.
Obligations Affected: Market Access (Article 13.5)
Measures: Decree No. 131 Constitution of the Republic, Title V, Chapter 2.
Decree No. 80-92, Investment Law, Chapter VI, Article 16.
Description: Cross-border trade in services
Wholesale and retail distribution of the following items is reserved exclusively for the Armed Forces of Honduras:
- ammunition;
- war planes;
- military rifles;
- all kinds of pistols and revolvers, 41 caliber or larger;
- regulation pistols of the Honduran Army;
- silencers for all kinds of firearms;
- firearms;
- accessories and ammunition;
- cartridges for firearms;
- equipment and other accessories essential for loading cartridges;
- gunpowder, explosives, percussion caps and fuses;
- protective masks against asphyxiating gases; and
- wind shotguns.
For greater certainty, the use of explosives for commercial purposes may be authorized by the competent Honduran authority.
Sector: Other Commercial Services -General Warehousing.
Obligations Affected: Market Access (Article 13.5)
Measures: Agreement No. 0681 Regulation of the General Warehouses of Deposits of October 24, 2005, Article 5.
Description: Cross-border trade in services
Only companies incorporated as corporations with fixed capital and with the sole purpose of providing warehousing services are authorized to provide such services.
Sector: Environmental Services
Obligations Concerned: Market Access (Article 13.5)
Measures: Decree No. 134-90 Law of Municipalities, Article 13. (3) y (4)
Decree No. 104-93 Law General ofthe Environment, Articles 29 and 67
Decree No. 118-2003 Drinking Water and Sanitation Sector Framework Law, Articles 16, 17 and 20.
Description: Cross-border trade in services
Only the State, through its municipalities, can provide public services of water distribution, waste treatment, and sanitation and hygiene services.
For greater certainty, municipalities are responsible for the construction of aqueducts, the maintenance and administration of drinking water, sanitary sewerage, drainage and the promotion and development of related projects.
Annex II. Future Reservations - Explanatory Notes
1. A Party's Schedule to this Annex sets out, in accordance with Articles 12.12 (Nonconforming Measures) and 13.7 (Nonconforming Measures), the specific sectors, subsectors, or activities for which that Party may maintain existing measures or adopt new or more restrictive measures that are inconsistent with the obligations imposed by:
(a) Articles 12.5 (National Treatment) or 13.3 (National Treatment);
(b) Articles 12.6 (Most-Favored-Nation Treatment) or 13.4 (Most-Favored-Nation Treatment);
(c) Article 12.9 (Performance Requirements);
(d) Article 12.10 (Senior Executives and Boards of Directors);
(e) Article 13.5 (Market Access); or
(f) Article 13.6 (Local Presence).
2. Each tab of the List establishes the following elements:
(a) Sector refers to the sector for which the record has been made;
(b) Obligations Affected specifies the obligation(s) referred to in paragraph 1 that, by virtue of Articles 12.12 (Nonconforming Measures) and 13.7 (Nonconforming Measures), do not apply to the sectors, subsectors or activities listed on the schedule;
(c) Description indicates the coverage of the sectors, sub-sectors or activities covered by the record; and
(d) 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. Pursuant to Article 12.12 (Non-Conforming Measures) and 13.7 (Non- Conforming Measures), the articles of this Treaty specified in the Obligations Affected element of a schedule do not apply to the sectors, sub-sectors and activities identified in the Description element of that schedule.
Annex II. Schedule of Colombia
Sectors: Some Sectors.
Obligations Concerned: Market Access (Article 13.5)
Description: Cross-border trade in services
Colombia reserves the right to adopt or maintain any measure in the following sectors:
(a) investigation and security services;
(b) research and development services;
(c) the establishment of exclusive service areas for services incidental to the distribution of energy and 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, pursuant to Article 336 of the Colombian Constitution, with revenues dedicated for public or social service. As of the date of signature of this agreement, Colombia has established monopolies only with respect to liquor and gambling;
(e) primary and secondary education services, and with respect to higher education services, requirements related to the specific type of legal entity to provide such services;
(f) environment-related services 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 road passenger transport services, rail passenger and freight transport services, pipeline transport services, ancillary services in connection with 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.
Sector: All sectors
Obligations Concerned: National Treatment (Article 12.5)
Description: Investment
Colombia reserves the right to adopt or maintain measures related to the ownership of real estate by foreigners in the border regions, national coasts or insular territory of Colombia.
For the purposes of this entry:
(a) border region means a zone two (2) kilometers wide, parallel to the national boundary line;
(b) national coast is a zone two (2) 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.
Sector: Social Services
Obligations Concemed: National Treatment (Articles 12.5 and 13.3)
Description:
Most-Favored-Nation Treatment (Articles 12.6 and 13.4) Performance Requirements (Article 12.9)
Senior Executives and Boards of Directors (Article 12.10) Market Access (Article 13.5)
Local Presence (Article 13.6)
Investment and Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure with respect to the provision of law enforcement and correctional services, and 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.
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Sector:
LIST OF THE REPUBLIC OF COLOMBIA ANNEX II: FUTURE ACTIONS
Minority and Ethnic Group Affairs
Obligations Concemed: National Treatment (Articles 12.5 and 13.3)
Obligations Concemed: National Treatment (Articles 12.5 and 13.3)