Provisions on Trade in Services in Trade and Integration Agreements in the Western Hemisphere

(a) necessary to protect public morals or to maintain public order;

(b) necessary to protect human, animal or plant life or health;

(c) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement including those relating to:
(i) the prevention of deceptive and fraudulent practices or to deal with the effects of a default on services contracts;
(ii) the protection of the privacy of individuals;
(iii) safety;

(d) inconsistent with Article XVII (National Treatment), provided that the difference in treatment is aimed at ensuring the equitable or effective imposition or collection of direct taxes in respect of services or service suppliers of other Members;

(e) inconsistent with Article II (Most-Favoured-Nation Treatment), provided that the difference is treatment is the result of an agreement on the avoidance of double taxation or provisions on the avoidance of double taxation in any other international agreement or arrangement by which the Member is bound.

NAFTA
Chapter Twelve, Article 1201: Scope and Coverage
Nothing in this Chapter (Cross-Border Trade in Services) shall be construed to:

(a) impose any obligation on a Party with respect to a national of another Party seeking access to its employment market, or employed on a permanent basis in its territory, or to confer any right on that national with respect to that access or employment;

or

(b) prevent a Party from providing a service or performing a function such as law enforcement, correctional services, income security or insurance, social security or insurance, social welfare, public education, public training, health, and child care, in a manner that is not inconsistent with this Chapter.

PART EIGHT: OTHER PROVISIONS
Chapter Twenty-One: Exceptions
Article 2101: General Exceptions [Paragraph 2(c) and (d)]
Provided that the measures referred to in GATT Article XX are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail or a disguised restriction on trade between the Parties, nothing in Chapter Twelve (Cross-Border Trade in Services), and Chapter Thirteen (Telecommunications) shall be construed to prevent the adoption or enforcement by any Party of measures necessary to secure compliance with laws or regulations that are not inconsistent with the provisions of this Agreement, including those relating to health and safety and consumer protection.

Air Transport: Note the exclusion of air transport services from the treaty (Article 1202) as described in Part II, under Transports.

Group of Three
Chapter X, Article 10-02: Scope of Application
Nothing in this Chapter (General Principles on Trade in Services) shall be construed to:

(a) impose any obligation on a Party with respect to a national of another Party seeking access to its employment market, or employed on a permanent basis in its territory, or to confer any right on that national with respect to that access or employment;

or

(b) impose any obligation or to confer any right on a Party with respect to the governmental purchases made by a Party or by a State's enterprise as referred in chapter XV.

Chapter XXII: Exceptions
Article 22-01: General Exceptions [Paragraph 2(c)]
Nothing in Chapter X (General Principles on Trade in Services), and Chapter XI (Telecommunications) shall be construed to prevent the adoption or enforcement by any Party of measures necessary to secure compliance with laws or regulations that are not inconsistent with the provisions of this Agreement, including those relating to health and safety and consumer protection.

Air Transport: Note the exclusion of air transport services from the treaty (Annex 2 to Article 10-02) as described in Part II, under Transports.

CACM
Not Specified.

CARICOM
Not Specified.

Andean Community
Chapter III, Article 4: Application Scope
This General Framework shall not apply to the service providers in exercise of governmental authorities.This Regulatory Framework shall not apply to the measures related with the air transport services.

Chapter IV, Article 11
Each Member Country shall adopt or apply necessary measures to:
1. protect moral and preserve public order;
2. protect life and health of persons, animals, and vegetables, and preserve the environment;
3. protect the essential interests of its national safety;
4. guarantee equitable or effective imposition or collection of direct taxes with respect of services or services providers of other Member Countries, even where such measures are incompatible with the commitment of national treatment (Article 8);
5. apply agreements designated to avoid double taxation committed in international agreements subscribed by the Member Country, even where such measures are incompatible with the Most-Favored Nation Treatment obligation (Article 7); and
6. secure the observance of laws and regulations pertaining to:
a) prevention of misleading/deceptive practices and of fraudulent practices or practices that are inconsistent with the service contracts;
b) protection of intimacy of the participants in relation with the treatment and the diffusion of personal data, and protection of the confidential character of individual registries and accounts; and
c) public safety.

Central America/Dominican Republic
Chapter X, Article 10-08: General Exceptions
Nothing in this Chapter (General Principles on Trade in Services) shall be construed to prevent the adoption or enforcement by any Party of measures:
(a) to protect moral or preserve public order;
(b) to protect the life and health of human, animal, and plants, and preserve the environment;
(c) to protect national safety
(d) to secure observation of laws and regulations relevant to:
i) the prevention of deceptive and fraudulent practices or the measures to deal with the effects of a default on service contracts;
ii) the protection of privacy in relation with the treatment and diffusion of personal data and the protection of the confidential character of individual registries and accounts;
iii) the public safety.
(a) to protect national, artistic, historic, or archaeological treasures.

The measures enumerated in this Article shall not be applied in such way that they would constitute a burden or restriction to the subregional trade in services, nor a means of discrimination between the countries Member or not to the Treaty which includes the present chapter, in like conditions.

Mercosur
Part II, Article XIII: General Exceptions
Nothing in this Chapter (General Principles on Trade in Services) shall be construed to prevent the adoption or enforcement by any Party of measures:
(a) necessary to protect moral or maintain public order;
(b) necessary to protect life and health of humans and animals or preserve plants;
(c) necessary to secure observation of laws and regulations which are not inconsistent with the provisions of this Protocol, including those relating to:
i) the prevention of deceptive and fraudulent practices or the measures to deal with the effects of a default on service contracts;
ii) the protection of privacy in relation with the treatment and diffusion of personal data and the protection of the confidential character of individual registries and accounts;
iii) safety.
(d) inconsistent with Article V (National Treatment), provided that the difference in treatment is aimed at ensuring the equitable or effective imposition or collection of direct taxes in respect of services or service suppliers of the other Party;
(e) inconsistent with Article III (Most-Favoured Nation Treatment), provided that the difference in treatment is the result of an agreement on the avoidance of double taxation or provisions on the avoidance of double taxation in any other international agreement or arrangement by which the Party is bound.

Part II, Article XIV: Exceptions related to the Safety
No provision of this Protocol shall be construed to:
1. impose on a Party the obligation to provide information of which, if made public, may compromise the essential security interests of the Party;
2. prevent the adoption by a Party of measures considered necessary for the protection of essential security interests:
i) with respect to the provision of services directly or indirectly destined to ensure the supply of armed forces;
ii) with respect to their fissionable materials, or anything served for their manufacture;
iii) applied in the time of war or in case of serious international tension; or
3. prevent the adoption by any Party of measures in accordance with obligations contracted by virtue of the United Nations charter for the maintenance of international peace and security.

Bolivia/Mercosur
Not Specified.

Chile/Mercosur
Not Specified.