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)
Description: 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.
Sector: Minority and Ethnic Group Affairs
Obligations Concemed: National Treatment (Articles 12.5 and 13.3) 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)
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 Andres, Providencia and Santa Catalina.
Sector: Cultural Industries and Activities
Obligations Concerned: National Treatment (Articles 12.5 and 13.3) Most-Favored-Nation Treatment (Articles 12.6 and 13.4)
Description: Investment and Cross-Border Trade in Services
For the purposes of this entry, 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 activities related to radio, television and cable television, satellite programming services and radio broadcasting networks; and
(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 by any treaty between Colombia and such country, containing specific commitments regarding cultural cooperation or co-production, with respect to cultural industries and activities.
For greater certainty, Articles 12.5 (National Treatment) and 12.6 (Most-Favored-Nation Treatment) and Chapter 13 (Cross-Border Trade in Services) do not apply to "government support" (1) the promotion of cultural industries and activities.
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.
Sector: Jewelry design, Performing arts, Music, Visual arts, Audiovisuals, Publishing
Obligations Concerned: Performance Requirements (Article 12.9) National Treatment (Article 13.3)
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 (2) 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 entry does not apply to advertising and performance requirements shall in all cases be consistent with the WTO Agreement on Trade-Related Investment Measures.
Sector: Craft Industries
Obligations Concerned: Performance Requirements (Article 12.9) National Treatment (Article 13.3)
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.
Sector: Audiovisual Advertising
Obligations Concerned: Performance Requirements (Article 12.9) National Treatment (Article 13.3)
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 fifteen percent (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 free-to-air television
(b) Colombia reserves the right to adopt or maintain any measure requiring that a_ specified percentage (not to exceed ten percent (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 television. Such works shall count as part of the domestic content requirements that apply to the channel as described in the Open Television entry on page 21 and 22, paragraph 5, of Annex I.
Community / television (3)
(c) Colombia reserves the right to adopt or maintain any measure requiring that a specified portion of weekly community television programming (not to exceed fifty-six (56) hours per week) consist of national programming produced by the community television operator.
Multichannel commercial free-to-air television
(d) Colombia reserves the right to impose the minimum programming requirements listed in the Open Television entry on page 21 and 22, paragraph 5 of Annex I, on multichannel commercial open television, except that these requirements may not be imposed on more than two (2) channels or twenty-five percent (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 twenty percent (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.
Sector: Traditional Expressions
Obligations Concemed: National Treatment (Articles 12.5 and 13.3)
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.
Sector: Interactive Audio and/or Video Services
Obligations Concerned: Performance Requirements (Article 12.9) National Treatment (Article 13.3)
Description: Investment and Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain measures to ensure that, once 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.
Sector: Professional Services
Obligations Concerned: National Treatment (Article 13.3) Most-Favored-Nation Treatment (Article 13.4) Market Access (Article 13.5) Local Presence (Article 13.6)
Description: Cross-border trade in services
Colombia reserves the right to adopt or maintain any measure restricting the cross-border supply of professional. (4)
Within two (2) years of the entry into force of this Agreement, the Parties shall enter into consultations with a view to deepening the commitments undertaken under this Agreement in the professional services sector.
Sector: Land and River Transportation
Obligations Concerned: Most-Favored-Nation Treatment (Article 13.3)
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 Agreement on land and river transport services.
Annex II. Schedule of the Republic of El Salvador
Sector: Postal Services
Obligations Affected: National Treatment (Articles 12.5 and 13.3) Most-Favored-Nation Treatment (Articles 12.6 and 13.4)
Description: Investment and Cross-Border Trade in Services
El Salvador reserves the right to adopt or maintain any measure with respect to the provision of postal services.
Sector: Social Services
Obligations Affected: National Treatment (Articles 12.5 and 13.3) 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)
Description: Investment and Cross-Border Trade in Services
El Salvador reserves the right to adopt or maintain any measure with respect to law enforcement and social readjustment services as well as the following services, insofar as they are social services that are established or maintained for reasons of public interest: pensions, unemployment insurance, social security services, social welfare, public education, public training, health and child care.
Sector: Minority Affairs
Obligations Affected: National Treatment (Articles 12.5 and 13.3) Performance Requirements (Article 12.9) Senior Management and Boards of Directors (Article 12.10) Local Presence (Article 13.6)
Description: Investment and Cross-Border Trade in Services El Salvador reserves the right to adopt or maintain any measure that grants rights or preferences to socially or economically disadvantaged minorities.
Sector: Transportation Services: road transportation services.
Obligations Affected: National Treatment (Article 13.3) Most-Favored-Nation Treatment (Article 13.4) Local Presence (Article 13.6)
Description: Cross-border trade in services El Salvador reserves the right to adopt or maintain any measure restricting the transport of goods by road.
Sector: Business Services: Professional Services
Obligations Affected: National Treatment (Article 13.3) Most-Favored-Nation Treatment (Article 13.4) Market Access (Article 13.5) Local Presence (Article 13.6)
Description: Cross-border trade in services
El Salvador reserves the right to adopt or maintain any measure relating to cross-border trade in professional services. (1)
Within two (2) years of the entry into force of this Agreement, the Parties shall enter into consultations with a view to deepening the commitments undertaken under this Agreement in the professional services sector.
Sector: Construction Services
Obligations Affected: National Treatment (Article 13.3) Most-Favored-Nation Treatment (Article 13.4) Market Access (Article 13.5) Local Presence (Article 13.6)
Description: Cross-border trade in services
El Salvador reserves the right to adopt or maintain any measure with respect to construction services during the two (2) years following the entry into force of this Agreement.
Once the period indicated in the previous paragraph has elapsed, the measure or measures in force, if they are not in conformity with the obligations affected in this sheet, shall be understood to be incorporated in Annex I.
Annex II. Schedule of Guatemala
Sector: Social Services
Obligations Concerned: National Treatment (Articles 12.5 and 13.3) Most-Favored-Nation Treatment (Articles 12.6 and 13.4) Performance Requirements (Article 12.9) Senior Executives and Boards of Directors (Article 12.10) Local Presence (Article 13.6) Market Access (Article 13.5)
Description: Investment and Cross-Border Trade in Services
Guatemala reserves the right to adopt or maintain any measure with respect to the execution of public order laws and the supply of social rehabilitation services as well as the following services, to the extent that they are social services established or maintained for public purpose: pensions, unemployment insurance, social security services, social welfare, public education, public training, health and child care.
Sector: Construction Services
Obligations Concerned: National Treatment (Article 13.3) Most-Favored-Nation Treatment (Article 13.4) Market Access (Article 13.5) Local Presence (Article 13.6)
Description: Cross-Border Trade in Services
Guatemala reserves the right to adopt or maintain any measure restricting the supply of construction services during the two (2) years following the entry into force of the Agreement.
After the period indicated in the preceding paragraph, the measure or measures in force at that date, if they are not in conformity with the obligations affected in this schedule, shall be subject to the provisions set forth in Article 13.7 (1) (Nonconforming Measures).
Sector: Indigenous populations and issues related to minority and disadvantaged populations.
Obligations Concerned: National Treatment (Articles 12.5 and 13.3) Performance Requirements (Article 12.9) Senior Executives and Boards of Directors (Article 12.10) Local Presence (Article 13.6)
Description: Investment and Cross-Border Trade in Services
Guatemala reserves the right to adopt or maintain any measure that guarantees rights or preferences for socially and economically disadvantaged Minorities and Indigenous Populations.
Sector: Professional Services
Obligations Concerned: National Treatment (Article 13.3) Most-Favored-Nation Treatment (Article 13.4) Market Access (Article 13.5) Local Presence (Article 13.6)
Description: Cross-border trade in services
Guatemala reserves the right to adopt or maintain any measure relating to cross-border trade in professional services. (1)
Within two (2) years of the entry into force of this Agreement, the Parties shall enter into consultations with a view to deepening the commitments undertaken under this Agreement in the professional services sector.
Sector: Road Transportation Services
Obligations Concerned: National Treatment (Article 13.3) Most-Favored-Nation Treatment (Article 13.4)
Description: Cross Border Trade in Services
Guatemala reserves the right to adopt or maintain any measure regulating the cross-border supply of road freight transport services.
Sector: Artisanal fishing
Obligations Concerned: National Treatment (Articles 12.5 and 13.3)
Description: Investment and Cross-Border Trade in Services
Guatemala reserves the right to adopt or maintain any measure relating to the requirements for investment in, ownership or control of, and operation of vessels engaged in artisanal fishing and related activities in Guatemalan jurisdictional waters.
Sector: Maritime
Obligations Concerned: National Treatment (Articles 12.5 and Market Access (Article 13.5)
Description: Investment and Cross-Border Trade in Services
Guatemala reserves the right to adopt or maintain any measure related to the supply of maritime transportation services.
Annex II. Schedule of Honduras
Sector: Communication Services-Telecommunications
Obligations Concerned: National Treatment (Articles 12.5 and 13.3) Market Access (Article 13.5)
Description: Investment and Cross-Border Trade in Services