Free Trade Area of the Americas - FTAA

Trade Negotiations

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

Part I: Sub-regional Trade and Integration Agreements
XIX. Modification of Schedules

PART IV, Article XXI - Modification of Schedules
A Member may modify or withdraw any commitment in its schedule, at any time after three years have elapsed from the date on which that commitment entered into force.
A modifying Member shall notify its intent to modify or withdraw a commitment no later than three months before the intended date of implementation of the modification or withdrawal.
The modifying Member shall enter into negotiations with a view to reaching agreement on any necessary compensatory adjustment.
Compensatory adjustments shall be made on a most-favoured-basis.
If agreement is not reached between the modifying Member and any affected Member before the end of the period provided for negotiations, such affected Member may refer the matter to arbitration.
The modifying Member may not modify or withdraw its commitment until it has made compensatory adjustments in conformity with the findings of the arbitration.
The Council for Trade in Services shall establish procedures for rectification or modification of schedules of commitments.

Not Applicable.

There are no schedules on service commitments attached to the NAFTA due to the "negative list" approach used in the negotiations.

Group of Three
Not Applicable.

There are no schedules on service commitments attached to the Group of 3 due to the "negative list" approach used in the negotiations.

Not Specified.

Not Specified.

Andean Community
Chapter V, Article 14: Process of Liberalization
In a period not exceeding December 31, 1999, the Commission of the Andean Community shall adopt an inventory of the measures contrary to the principles contained in Articles 6 and 8 (National Treatment) of the General Framework maintained by each Member Country.

Central America/Dominican Republic
Not Applicable.
There are no schedules on service commitments attached to the Free Trade Treaty between Central America / Dominican Republic due to the "negative list" approach used in the negotiations.

Parte II General Obligations and disciplines. Article VI. Additional commitments
The State Parties can negotiate commitments with respect to measures affecting trade in services, but that are not subject to the listing in schedules, pursuant to Article IV and V, including those referring to aptitude degrees, standards or questions linked to licenses. Such commitments will be listed in the schedules of specific commitments of the State Parties.

Article VII. Schedules of specific commitments
1. Each State Party will specify in a schedule of specific commitments the sectors, sub-sectors and activities with respect to which it shall assume commitments and, for each corresponding mode of supply, shall indicate the terms, limits and conditions for market access and national treatment. Each State Party can also specify additional commitments in conformity with Article VI. When relevant, each State Party will specify the time-limits for the implementation of the commitments as well as the date of entry into force of such commitments.

Part III, Article XX: Modification or Suspension of Commitments
Each Party may, during the implementation of the Liberalization program referred to in Part III of this Protocol, modify or suspend specific commitments including its specific commitments lists. This modification or suspension will apply only as of the specified date and will respect the principle of no retroactivity to preserve acquired rights.

Each member State will resort to the present regime only in exceptional cases, under the condition that when it does it, it notifies to the Common Market Group and exposes before them the facts, reasons and justifications for such modification or suspension of commitments. In these cases, such member party will consult the other member party (ies) that considers () itself (themselves) affected , in order to reach an mutual understanding on the specific measure to be applied and how long it will be in force.

Not Specified.

Not Specified.

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