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

Chile/Mexico
Chapter 10, Article 10-12: Accordance of Licensing and Certifications:
Where a Party recognizes, unilaterally or by agreement, education, experience, licenses or certifications obtained in the territory of a non-Party:
(a) nothing in Article 10-04 shall be construed to require the Party to accord such recognition to education, experience, licenses or certifications obtained in the territory of the other Party; and
(b) the Party shall afford the other Party an adequate opportunity to demonstrate that education, experience, licenses or certifications obtained in the other Party's territory should also be recognized or to conclude an agreement or arrangement of comparable effect.

Each Party shall, from the date of entry into force of this Agreement, will eliminate any citizenship or permanent residency requirement set out in its Schedule Annex I that it maintains for the licensing or certification of professional service providers of the other Party. Where a Party does not comply with this obligation with respect to a particular sector, the other Party may, in the same sector and for such period as the non-complying Party maintains its requirement, solely have recourse to maintaining an equivalent requirement.

Chile/Canada
Chapter H, Article H-10. Licensing and Certification:
Where a Party recognizes, unilaterally or by agreement, education, experience, licenses or certifications obtained in the territory of a non-Party: a) nothing in Article H-03 shall be construed to require the Party to accord such recognition to education, experience, licenses or certifications obtained in the territory of the other Party; and b) the Party shall afford the other Party an adequate opportunity to demonstrate that education, experience, licenses or certifications obtained in the other Party's territory should also be recognized or to conclude an agreement or arrangement of comparable effect.

Each Party shall, within two years of the date of entry into force of this Agreement, will eliminate any citizenship or permanent residency requirement set out in its Schedule top Annex I that it maintains for the licensing or certification of professional service providers of the other Party. Where a Party does not comply with this obligation with respect to a particular sector, the other Party may, in the same sector and for such period as the non-complying Party maintains its requirement, solely have recourse to maintaining an equivalent requirement set out in its Schedule to Annex I or reinstating:
a) any such requirement at the national level that it eliminated pursuant to this Article; or
b) on notification to the non-complying Party, any such requirement at the provincial level existing on the date of entry into force of this Agreement.

Annex H-10.5 applies to measures adopted or maintained by a Party relating to the licensing or certification of professional service providers.

Mexico/Nicaragua
Chapter X, Article 10-13: Accordance of Licensing and Certification
When a Party recognizes, either unilaterally or through agreement with another country, education, licenses or certifications obtained in the territory of the other Party or any other non-Party:
(a) nothing in Article 10-03 (MFN) shall be construed to require the Party to recognize education, licenses or certifications obtained in the territory of the other Party; and
(b) the Party shall afford the other Party an adequate opportunity to demonstrate that education, licenses and certifications obtained in the other Party should also be recognized or to negotiate an agreement or arrangement having equivalent effects.

Each Party, within the time framework of two years from the date of entry into force of this Treaty, will remove all nationality or permanent resident requirements in effect for the recognition of diplomas and the granting of licenses for the exercise of professional services by service providers of the other Party. When a Party does not comply with this obligation in a specific sector, the other Party will be able to maintain an equivalent requirement or to re-establish one in the same sector and for the same length of time as the non-complying Party, following notification :
(a)any of the requirements at the state or provincial level that it had previously eliminated; or
(b)any of the requirement at the state level that had been in effect at the date of entry into force of this Treaty.

In the annex to this article, procedures will be established for the recognition of education, experience, diplomas and the granting of licenses that cover the providers of professional services.

Mexico/Bolivia
Chapter IX, Article 9-12 in Mexico/Bolivia and Article 9-13 in Mexico/Costa Rica
When a Party recognizes, either unilaterally or through agreement with another country, the diplomas obtained in the territory of the other Party or any other non-member, nothing in the Treaty will be interpreted in the manner of requiring such Party to recognize or validate the diplomas obtained in the territory of the other Party. The Party will extend to the other Party adequate opportunity to demonstrate that the diplomas obtained in its territory will also be recognized or validated, or to negotiate an agreement or arrangement that would have an equivalent effect.

Each Party, within the time framework of two years from the date of entry into force of this Treaty, will remove all nationality or permanent resident requirements in effect for the recognition of diplomas and the granting of licenses for the exercise of professional services by service providers of the other Party. When a Party does not comply with this obligation in a specific sector, the other Party will be able to maintain an equivalent requirement or to re-establish one in the same sector and for the same length of time as the non-complying Party, following notification : any of the requirements at the state or provincial level that it had previously eliminated; or any of the requirement at the state level that had been in effect at the date of entry into force of this Treaty.

In the annex to this article, procedures will be established for the recognition of diplomas and the granting of licenses that cover the providers of professional services.

Mexico/Costa Rica
Chapter IX, Article 9-12 in Mexico/Bolivia and Article 9-13 in Mexico/Costa Rica
When a Party recognizes, either unilaterally or through agreement with another country, the diplomas obtained in the territory of the other Party or any other non-member, nothing in the Treaty will be interpreted in the manner of requiring such Party to recognize or validate the diplomas obtained in the territory of the other Party. The Party will extend to the other Party adequate opportunity to demonstrate that the diplomas obtained in its territory will also be recognized or validated, or to negotiate an agreement or arrangement that would have an equivalent effect.

Each Party, within the time framework of two years from the date of entry into force of this Treaty, will remove all nationality or permanent resident requirements in effect for the recognition of diplomas and the granting of licenses for the exercise of professional services by service providers of the other Party. When a Party does not comply with this obligation in a specific sector, the other Party will be able to maintain an equivalent requirement or to re-establish one in the same sector and for the same length of time as the non-complying Party, following notification : any of the requirements at the state or provincial level that it had previously eliminated; or any of the requirement at the state level that had been in effect at the date of entry into force of this Treaty.

In the annex to this article, procedures will be established for the recognition of diplomas and the granting of licenses that cover the providers of professional services.