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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
V. National Treatment

WTO/GATS
PART III, Article XVII - National treatment
In the sectors inscribed in its schedule, and subject to any conditions and qualifications set out therein, each Member shall accord to services and service suppliers of any other Member, in respect of all measures affecting the supply of services, treatment no less favourable than that it accords to its own like services and service suppliers.

A Member may meet the requirement of paragraph 1 by according to services and service suppliers of any other Member, either formally identical treatment or formally different treatment to that it accords to its own like services and service suppliers.

Formally identical or formally different treatment shall be considered to be less favourable if it modifies the conditions of competition in favour of services or service suppliers of the Member compared to like services or services suppliers of any other Member.

NAFTA
Chapter Twelve, Article 1202: National Treatment
Each Party shall accord to service providers of another Party treatment no less favorable than that it accords, in like circumstances, to its own service providers.

The treatment accorded by a Party under the paragraph above means, with respect to a state or province, treatment no less favorable than the most favorable treatment accorded, in like circumstances, by that state or province to service providers of the Party of which it forms part.

Article 1204: Standard of Treatment
Each Party shall accord to service providers of any other Party the better of the treatment required by Articles 1202 and 1203.

Group of Three
Chapter X, Article 10-04: National Treatment
Each Party shall accord to service providers of another Party treatment no less favorable than that it accords, in like circumstances, to its own service providers.

The treatment accorded by a Party under the paragraph above means, with respect to a state or department, treatment no less favorable than the treatment accorded, in like circumstances, by that state or department to service providers of the Party of which it forms part.

CACM
No general article on national treatment.

Chapter V: Construction Enterprises; Article XVI
The Contracting States shall grant national treatment to enterprises of other Signatory States engaged in the construction of roads, bridges, dams, irrigation systems, electrification, of the Central American economic infrastructure, housing and other works intended to further the development of the Central American economic infrastructure.

CARICOM
Not Specified.

Andean Community
Chapter IV, Article 8
Each Member Country accords to services and service providers of other Member Country, with respect to all measures affecting to service providers, treatment no less favorable than that it accords to its own services or like service providers, notwithstanding the provisions of Article 14 of this General Framework.

Central America/Dominican Republic
Chapter X, Article 10-12: National Treatment
Each Party shall accord to service providers of the other Party treatment no less favorable than that it accords to its own services or to like service providers.

Mercosur
Part II Article V: National Treatment
Each Party shall accord to services and service providers of the other Party, with respect to all measures affecting to service providers, treatment no less favorable than that it accords to its own like service or service providers.

Specific obligations contracted by virtue of this Article do not oblige the Parties to compensate for the intrinsic competitive disadvantages that result from the foreign character of the services or the relevant service providers.

Any Party can meet the requirement of paragraph 1 by according to services and service providers of other Party, either formally identical or formally different treatment to that which it accords to its own like services and service providers.

Formally identical or formally different treatment shall be considered to be less favourable if it modifies the conditions of competition in favor of services or service providers of one Party compared to like services or like service providers of the other Party.

Bolivia/Mercosur
Not Specified.

Chile/Mercosur
Not Specified.

 
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