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

* Note:  In addition to those sections corresponding to the provisions of the GATS, NAFTA and the Group of Three also include a provision on Local Presence and Quantitative Restrictions which is also found in the Bilateral Free Trade Agreements between Mexico/Bolivia, Mexico/Costa Rica and Canada/Chile (discussed in Part II).

WTO/GATS

NAFTA
Article 1213: Definitions
Quantitative restriction means a non-discriminatory measure that imposes limitations on:
(a) the number of service providers, whether in the form of a quota, a monopoly or an economic needs test, or by any other quantitative means; or
(b) the operations of any service provider, whether in the form of a quota or an economic needs test, or by any other quantitative means.

Article 1207: Quantitative Restrictions
Each Party shall set out in its Schedule to Annex V any quantitative restriction that it maintains at the federal level.

Within one year of the date of entry into force of this Agreement, each Party shall set out in its Schedule to Annex V any quantitative restriction maintained by a state or province, not including a local government.

Each Party shall notify the other Parties of any quantitative restriction that it adopts, other than at the local government level, after the date of entry into force of this Agreement and shall set out the restriction in its Schedule to Annex V.

The Parties shall periodically, but in any event at least every two years, endeavor to negotiate the liberalization or removal of the quantitative restrictions set out in Annex V pursuant to paragraphs 1 through 3.

Group of Three
Article 10-01: Definitions
Quantitative restriction means a non-discriminatory measure that imposes limitations on:
(a) the number of service providers, whether in the form of a quota, a monopoly or an economic needs test, or by any other quantitative means; or
(b) the operations of any service provider, whether in the form of a quota or an economic needs test, or by any other quantitative means.

Article 10-08: Non-discriminatory Quantitative Restrictions
1. The Parties shall periodically, but in any event at least every two years, endeavor to negotiate the liberalization or removal of the existing quantitative restrictions maintained at the federal level, by a state or province.

2. Within one year of the date of entry into force of this Agreement, each Party shall subscribe to a Protocol containing the quantitative restrictions referred in paragraph 1. 3. Each Party shall notify the other Parties of any quantitative restriction that it adopts, other than at the local government level, after the date of entry into force of this Agreement and shall set out the restriction in the Protocol mentioned in paragraph 2.

4. The agreements resulting from the negotiation for liberalization which is the object of paragraph 1 shall be contained in Protocols.

CACM

CARICOM

Andean Community
Not Specified.

Central America/Dominican Republic
Chapter X, Article 10-11: Non-Discriminatory Quantitative Restrictions
The Parties shall periodically, at later than six months after the date of entry into force of this Treaty, elaborate a list of valid measures constituting non-discriminatory quantitative restrictions.

Periodically, at least one every tow years, the Parties shall try to negotiate to liberalize or eliminate:
(a) existing quantitative restrictions maintained at a Party, referred in paragraph 1.
(b) quantitative restrictions adopted by a Party after the entry into force of this Treaty.

Each Party shall notify the other Parties of any non-discriminatory quantitative restriction that it adopts after the date of entry into force of this Treaty, and shall set out the restriction in the list referred in paragraph 1 of this Article.

Mercosur
Part II, Article IV: Market Access
The Parties may not maintain nor adopt, either on the basis of a regional subdivision or of the totality of territory, measures with respect:
(a) to the number of service providers, whether in the form of numerical contingents, monopolies or exclusive service providers, or through the exigency of a proof of economic necessities;
(b) to the total value of assetts or transactions of services in the form of numerical contingents or through the exigency of a proof of economic necessity;
(c) to the total number of service operations or to the total quantity of service production manifested in designated numerical units, in the form of contingents or through the exigency of a proof of economic necessity, excluding the measures which limit inputs employed in the provision of services.
(d) to the number of physical persons which may be employed in a determined sector of services, or which a service provider can employ and shall be necessary for the provision of a special service and are directly related to the service in the form of numerical contingents or through the exigency of a proof of economic necessity;
(e) to the specific types of juridical person or of joint enterprise by means of which a service provider may provide a service; and
(f) expressed as a maximum percentage limit with respect to shares held by foreigners or as the total value of individual and aggregate foreign investments.

Bolivia/Mercosur

Chile/Mercosur