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


Part II: Bilateral Free Trade Agreements
VII. Non-Conforming Measures

Chile/Mexico
Chapter 10, Article 10-07: Reservations
Articles 10-03 (National Treatment), 10-04 (MFN Treatment), and 10-06 (Local Presence) do not apply to:
(a) any existing non-conforming measure that is maintained by
(i) a Party at the national, federal, or state level, as set out in its Schedule to Annex I, or
(ii) a local government;
(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 Articles10-03, 10-04 and 10-06.

Articles 10-03, 10-04 and 10-06 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.

Chile/Canada
Chapter H, Article H-06: Reservations
Articles H-02 (National Treatment), H-03 (MFN Treatment) and H-05 (Local Presence) do not apply to:
(a) any existing non-conforming measure that is maintained by
(i) a Party at the national or provincial level, as set out in its Schedule to Annex I, or
(ii) a local government;
(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 H-02, H-03 and H-05. ...

Articles H-02, H-03 and H-05 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.

Mexico/Nicaragua
Chapter X, Article 10-06: Consolidation of Measures
Neither party will increase the number of existing non-conforming measures to this Treaty, with respect to Articles 10-03, 10-04 and 10-05. Whatever reform of any of these measures will not diminish the status of their conformity prior to reform.

Within a period of not more than one year from the entry into force of this Treaty, the Parties will elaborate a list of federal non-conforming measures with respect to articles 10-03 (most-favoured nation), 10-04 (national treatment) and 10-05 (local presence). A period of no more than two years is applicable for provincial or regional measures.

For the state or regional measures non-conforming with articles 10-03, 10-04 and 10-05, the time-limit to inscribe them in the list in the annex of this article will be no longer than two years as of the entry into force of this Treaty.

The Parties are not obliged to list local or municipal measures.

Mexico/Bolivia
Chapter IX, Article 9-06 in both Agreements
Neither party will increase the number of existing non-conforming measures to this Treaty. Whatever reform of any of these measures will not change the status of their conformity prior to reform.

Within a period of not more than two years from the entry into force of this Treaty, the Parties will elaborate a list of federal and provincial non-conforming measures (to the principles of most-favoured nation, national treatment and local presence).

The Parties are not obliged to list local or municipal measures.

Mexico/Costa Rica
Chapter IX, Article 9-06 in both Agreements
Neither party will increase the number of existing non-conforming measures to this Treaty. Whatever reform of any of these measures will not change the status of their conformity prior to reform.

Within a period of not more than two years from the entry into force of this Treaty, the Parties will elaborate a list of federal and provincial non-conforming measures (to the principles of most-favoured nation, national treatment and local presence).

The Parties are not obliged to list local or municipal measures.

 
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