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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 VII. Non-Conforming Measures
Annex on Article II - Exemptions Scope: this Annex specifies the conditions under which a Member, at the entry into force of this Agreement, is exempted from its obligations under paragraph 1 of Article II. Review: the Council for Trade in Services shall review all exemptions granted for a period of more than 5 years. Termination: the exemption of a Member from its obligations under paragraph 1 of Article II of the Agreement with respect to a particular measure terminates on the date provided for in the exemption. In principle, such exemptions should not exceed the period of 10 years.
PART II, Article V - Economic Integration
NAFTA
(a) any existing non-conforming measure that is maintained by
(b) the continuation or prompt renewal of any non-conforming measure referred to in (a); or (c) an amendment to any non-conforming measure referred to in (a) to the extent that the amendment does not decrease the conformity of the measure, as it existed immediately before the amendment, with Articles 1202, 1203 and 1205. Each Party may set out in its Schedule to Annex I, within two years of the date of entry into force of this Agreement, any existing non-conforming measure maintained by a state or province, not including a local government. Articles 1202, 1203 and 1205 do not apply to any measure that a Party adopts or maintains with respect to sectors, subsectors or activities, as set out in its Schedule to Annex II.
Group of Three
In the eight months following the signature of the Treaty, the Parties will subscribe to a Protocol containing two lists with agreements resulting from the negotiations between the Parties that have taken place in those eight months. List 1 will include the sectors and sub-sectors that each Party will exclude from the obligations established in the first paragraph above. List 2 will include the non-conforming federal and central measures with Articles 10-04 to 10-06, that each Party will decide to maintain. In the next two years after the signature of the Treaty, the Parties will subscribe to a Protocol in which any non-conforming measure with articles 10-04 to 10-06 maintained by a state or a province will be listed. The Parties will have no obligation to list measures at the municipal level.
CACM
CARICOM
Andean Community
Chapter VIII Article 26: Special Treatment in favour of Bolivia and Ecuador
Central America/Dominican Republic
At the latest 6 months after the date of entry into force of this Treaty, the Parties will exchange a list of non-conforming measures with respect to Articles 10-04, 10-10, and 10-12.
Mercosur
Those measures that do not conform simultaneously to Articles IV (Market Access) and V (National Treatment) should be listed in the column related to Article IV. In this case, the inscription shall be also considered as a condition or restriction to Article V. The list of specific commitments will be annexed to the present Protocol and will be part of it entirely.
Bolivia/Mercosur
Chile/Mercosur
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