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- 9018.19 A change to subheading 9018.19 from any other
- heading.
-
- 9018.20-9018.50 A change to subheadings 9018.20 through
- 9018.50 from any other heading.
- 9018.90
-
- 9018.90.a1 A change
-
- ANNEX I
-
- 1. The Schedule of a Party sets out the reservations taken by
- that Party, pursuant to Articles 1108(1) and 1206(2), with respect
- to existing, non-conforming measures that derogate from an
- obligation relating to:
-
- (a) national treatment, pursuant to Article 1102 (Investment)
- or 1202 (Services);
-
- (b) most-favored-nation treatment, pursuant to Article 1103
- (Investment) or 1203 (Services);
-
- (c) local presence, pursuant to Article 1205 (Services);
-
- (d) performance requirements, pursuant to Article 1106
- (Investment); or
-
- (e) nationality requirements for senior management or members
- of boards of directors, pursuant to Article 1107
- (Investment).
-
- 2. Each reservation sets out the following elements (ftnt 1):
-
- (a) SECTOR refers to the general sector in which the
- reservation is taken;
-
- (b) SUB-SECTOR refers to the specific sector in which the
- reservation is taken;
-
- (c) INDUSTRY CLASSIFICATION refers to the activity, where
- applicable, covered by the reservation according to
- domestic industry classification codes;
-
- (d) TYPE OF RESERVATION specifies the obligation referred to
- in paragraph 1 for which a reservation is taken;
-
- (e) LEVEL OF GOVERNMENT indicates the level of government
- maintaining the measure for which the Party is taking the
- reservation;
-
- (f) LEGAL CITATION identifies the specific existing measures,
- where applicable, for which the reservation is taken;
- (ftnt 2)
-
- (g) DESCRIPTION describes the non-conforming aspects of the
- existing measures for which the reservation is taken and,
- where applicable, commitments for liberalization upon
- entry into force of this Agreement; and
-
- (h) DURATION sets out the period for which the reservation is
- taken and the phase-in of commitments for liberalization.
-
- 3. In the interpretation of a reservation, all elements of the
- reservation should be considered. Where the DURATION does not
- provide for liberalization, the LEGAL CITATION shall govern to the
- extent of any inconsistency with any other element. Where the
- DURATION provides for liberalization upon or after entry into force
- of this Agreement, the DURATION shall govern to the extent of any
- inconsistency with any other element.
-
- 4. Where a Party maintains a measure that requires that a service
- provider be a citizen, permanent resident or resident of its
- territory as a condition to the provision of a service in its
- territory, a reservation for Articles 1202, 1203 or 1205 taken with
- respect to that measure shall operate as a reservation for Articles
- 1102 or 1103 with respect to the effect of that measure on the
- ability of the service provider to establish an investment.
-
- 5. For purposes of this Annex:
-
- CMAP means Clasificación Mexicana de Actividades y Productos;
-
- concession means an authorization provided by the State to a person
- to exploit a natural resource or provide a service, for which
- Mexican nationals and Mexican enterprises are granted priority over
- foreigners;
-
- CPC means Central Product Classification numbers as set out in
- Statistical Office of the United Nations, Statistical Papers,
- Series M, No. 77, Provisional Central Product Classification,
- 1991;
-
- foreigners' exclusion clause means the express provision in an
- enterprise's by-laws, stating that the enterprise shall not allow
- foreigners, directly or indirectly, to become partners or
- shareholders of the enterprise;
-
- international cargo means goods that have an origin or destination
- outside the territory of a Party;
-
- Mexican enterprise means an enterprise constituted under the laws
- of Mexico;
-
- Mexican national means a national of Mexico, as defined by the
- Constitution of Mexico;
-
- person of a Party means a national or an enterprise of a Party; and
-
- SIC means:
-
- (a) with respect to Canada, Standard Industrial
- Classification (SIC) numbers as set out in Statistics
- Canada, Standard Industrial Classification, fourth
- edition, 1980; and
-
- (b) with respect to the United States, Standard Industrial
- Classification (SIC) numbers as set out in the United
- States Office of Management and Budget, Standard
- Industrial Classification Manual, 1987.
-
-
- FOOTNOTE 1: The reservations are current as of September 5, 1992.
- The three delegations understand that where a Party adopts
- liberalizing measures prior to the date of entry into force of this
- Agreement, such measures will be considered to be existing
- measures.
-
- FOOTNOTE 2: The three delegations are considering the need for
- inclusion of language to the effect that measures set out in the
- LEGAL CITATION shall be deemed to include existing administrative
- decisions, interpretations and practices pursuant to the measure
- cited.
-
-
-