Description of the measure: A concession to acquire a fishing vessel or share in a company which owns such vessels can only be given to a Norwegian citizen or a body that can be defined as a Norwegian citizen. A company is regarded as having equal rights with a Norwegian citizen when its main office is situated in Norway and the majority of the Board, including the Chair of the Board, are Norwegian citizens and have stayed in the country the last two years.
Norwegian citizens also have to own a minimum of 60% of the shares and have to be authorised to vote for at least 60% of the votes.
Ownership to the fishing fleet shall be reserved for professional fishermen. To obtain the right to own a fishing vessel, one has to have a record of active, professional fishing on a Norwegian fishing boat for at least three of the last five years.
It is prohibited for other persons than Norwegian nationals or companies, as defined above, to process, pack or transship fish, crustaceans and molluscs or parts and products of these inside the fishing limits of the Norwegian Economic Zone. This applies to catches from both Norwegian and foreign vessels. Exceptions are granted under special circumstances.
Purpose or motivation of the measure: Resource conservation and management.
Sector: All sectors
Sub-sector: -
Legal source or authority of the measure: -
Description of the measure: Collective copyright and neighbouring rights’ management systems; royalties, levies, grants and funds.
Purpose or motivation of the measure: To preserve and promote linguistic and cultural diversity in Norway.
Sector: All sectors
Sub-sector: -
Legal source or authority of the measure: -
Description of the measure: Norway reserves the right to apply measures inconsistent with Article 6.3 (National Treatment) for the imposition, enforcement or collection of direct taxes in so far as such measures do not contravene any tax treaty which is in force between Norway and Thailand.
Purpose or motivation of the measure: Taxation policy considerations.
Sector: All sectors
Sub-sector: -
Legal source or authority of the measure: -
Description of the measure: Foreign investments, including foreign participation in Norwegian companies, may be subject to prior notification requirements, examination or authorisation by the relevant Norwegian authorities.
Purpose or motivation of the measure: Investment policy considerations and national security.
APPENDIX 5 TO ANNEX XVI. RESERVATIONS BY SWITZERLAND
Sector: All sectors
Sub-sector: -
Level of government: All (Federal and Cantonal)
Legal source or authority of the measure: Federal Act of 30 March 1911 (Code of Obligations) supplementing the Swiss Civil Code (Systematic Collection of Federal Laws and Regulations, RS 220).
Description of the measure: For a “corporation” (société anonyme/ Aktiengesellschaft), a “corporation with unlimited partners” (société en commandite par actions/ Kommanditaktiengesellschaft), a “limited liability company” (société à responsabilité limitée/Gesellschaft mit beschränkter Haftung) and a “cooperative” (société cooperative/ Genossenschaft) at least one member of the governing body of the legal person or another person with the right to represent the legal person must be domiciled in Switzerland.
A foreign legal person may also establish one or several branch offices in Switzerland. At least one person of the branch office with the right to represent the branch office must be domiciled in Switzerland.
The establishment of a commercial presence by natural persons or in the form of an enterprise without juridical personality according to Swiss law (i.e. in a form other than “joint-stock company”, “limited liability company” or “co-operative”) is subject to the requirement of a permanent residence permit of the associate(s) under cantonal law. Switzerland reserves the right to maintain, modify or adopt any measures in this regard.
Purpose or motivation of the measure: To facilitate judicial proceedings.
Sector: All sectors
Sub-sector: -
Level of government: All (Federal and Cantonal)
Legal source or authority of the measure: Federal Act of 16 December 1983 on the Acquisition of Real Estate by Persons Abroad (RS 211.412.41).
Description of the measure: Acquisition of real estate by persons abroad is subject to authorisation by the relevant cantonal authority. For the purpose of a permanent business establishment or a main residence, authorization is granted upon verification of the purpose.
Purpose or motivation of the measure: Scarcity of available land.
Sector: All sectors
Sub-sector: -
Level of government: All (Federal and Cantonal)
Legal source or authority of the measure: -
Description of the measure:
Foreign participation in Swiss companies may be subject to prior investment notification requirements, examination and authorisation by the relevant Swiss authorities.
Purpose or motivation of the measure: Investment policy considerations and national security.
Sector: Other Mining and Quarrying / Manufacturing
Sub-Sector: Extraction of salt / Manufacture of salt
Level of government: Cantonal
Legal source or authority of the measure: Intercantonal Agreement on the sale of salt in Switzerland.
Cantonal legislations.
Description of the measure: The right to dispose of subsurface resources belongs in somecantons to their exclusive competence and might be subject to monopoly. Cantons have the right to maintain measures in what regards salt extraction and salt trade. All salt and salt byproducts with a sodium chloride content of 30% and more and salt solutions with a sodium chloride content of 18% and more are subject to authorisation.
Switzerland reserves the right to maintain, modify or adopt any measures with respect to the disposal of subsurface resources and salt monopoly.
Purpose or motivation of the measure: -
Sector: Energy sector
Sub-sector: -
Level of government: All (Federal and Cantonal)
Legal source or authority of the measure: -
Description of the measure: Switzerland reserves the right to maintain or adopt any measure with respect to the energy sector.
Purpose or motivation of the measure: Energy policy considerations and national security.