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NAFTA - ANNEX I Schedule of Mexico
ANNEX I
Schedule of Mexico
SECTOR: All sectors
SUB-SECTOR: All sub-sectors
INDUSTRY CLASSIFICATION: Not applicable
TYPE OF RESERVATION: National Treatment (Article 1102)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos (United Mexican
States Political Constitution).
T¡tulo I Cap¡tulo I.
Ley de Nacionalidad y Naturalizaci¢n
(Nationality and Naturalization Law).
Cap¡tulo VI (Disposiciones generales)
Ley Org nica de la Fracci¢n I del
Art¡culo 27 de la Constituci¢n
(Organic Law of the First Section of
Article 27 of the United Mexican
States Political Constitution).
Ley para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment). Cap¡tulos I y IV (Objeto
y Fideicomisos en frontera y
litorales)
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment).
T¡tulo III Cap¡tulo I y T¡tulo III
Cap¡tulo III. (Inversi¢n extranjera
mediante fideicomisos)
DESCRIPTION: Investment
Foreigners and foreign enterprises, as
defined in the Constituci¢n Pol¡tica
de los Estados Unidos Mexicanos; and
Mexican enterprises without a
foreigners' exclusion clause may not
acquire "direct dominion" (dominio
directo) over land and water in a 100
kilometers strip along the country's
borders or in a 50 kilometers strip
inland from its coasts (the Restricted
Zone).
Nevertheless, foreigners, foreign
enterprises and Mexican enterprises
may acquire "Certificados de
Participaci¢n Ordinaria" (CPO's). Such
CPO's grant to the beneficiaries the
right to use and enjoy the real estate
and to receive the profits that it may
obtain from the profitable use of the
property.
The CPO's are issued by a Mexican
credit institution that has been
granted authorization to acquire
through trust the title to real estate
intended for industrial and tourist
activities in the Restricted Zone for
a period not to exceed 30 years.
The trust is renewable if:
(a) The beneficiaries of the trust
which is to be extinguished or
terminated will be beneficiaries
of the new trust;
(b) the new trust is to be executed
under the same terms and
conditions as the trust which is
to be extinguished or terminated,
in respect of the purposes of the
trust, the use of real estate and
its characteristics;
(c) the respective permits are
requested within a period of 360
to 181 days prior to the trust be
extinguished or terminated; and
(d) the provisions of the Ley para
Promover la Inversi¢n Mexicana y
Regular la Inversi¢n Extranjera
and its regulations are observed.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: All sectors
SUB-SECTOR: All sub-sectors
INDUSTRY CLASSIFICATION: Not applicable
TYPE OF RESERVATION: National Treatment (Article 1102)
LEGAL CITATION: Ley Para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment).
Reglamento de la Ley Para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment).
DESCRIPTION: Investment
The Comisi¢n Nacional de Inversiones
Extranjeras in order to evaluate the
applications submitted to its
consideration (acquisitions or
establishment of investments in
restricted activities as set out in
this Schedule), shall take into
account the following criteria:
(a) Its effects on employment and
training;
(b) Its technological contribution;
(c) In general its contribution to
increase the Mexican industrial
production and competitiveness.
The Comisi¢n Nacional de Inversiones
Extranjeras may impose performance
requirements which are not prohibited
by Article 1106 of the Investment
Chapter.
DURATION: Description shall govern upon entry
into force of this Agreement.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: All sectors
SUB-SECTOR: All sub-sectors
INDUSTRY CLASSIFICATION: Not applicable
TYPE OF RESERVATION: National Treatment (Article 1102)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley Para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment).
Reglamento de la Ley Para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment).
DESCRIPTION: Investment
Mexico will review the acquisition,
whether directly or indirectly, of
more than 49% of the ownership
interest of a Mexican enterprise in an
unrestricted sector, that is owned or
controlled by Mexican nationals,
directly or indirectly, by an investor
of another Party if the value of the
gross assets of the Mexican enterprise
is not less than the applicable
thresholds, effective on the date of
entry into force of this Agreement and
adjusted on each anniversary thereof.
The calculation of the applicable
review thresholds is set out in the
following section below.
DURATION: Description shall govern upon entry
into force of this Agreement.
The basis for calculating the
threshold will be:
(a) USD 25 million, for the three
year period commencing on the
date of entry into force of this
Agreement;
(b) USD 50 million, for the three
year period commencing on the
fourth year after the date of
entry into force of this
Agreement;
(c) USD 75 million, for the three
year period commencing on the
seventh year after the entry into
force of this Agreement;
(d) USD 150 million, for the tenth
year after entry into force of
this Agreement.
Beginning with the Agreement's second
year these thresholds shall be
adjusted for cumulative inflation
based on the US GDP price deflator
from the date of entry into force of
this Agreement.
Beginning with year eleven after entry
into force of this Agreement, the
threshold will be adjusted for growth
in nominal Mexican GDP--but in no case
will the threshold to be applied
exceed that of Canada.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: All sectors
SUB-SECTOR: All sub-sectors
INDUSTRY CLASSIFICATION: Not applicable
TYPE OF RESERVATION: National Treatment (Article 1102) Senior Management
(Article 1107)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos (United Mexican
States Political Constitution).
Ley General de Sociedades Cooperativas
(General Law of Cooperative
Companies). T¡tulo I Cap¡tulo I y
T¡tulo II Cap¡tulo II
DESCRIPTION: Investment
No more than 10 percent of the persons
participating in a Mexican Cooperative
Production enterprise may be
foreigners.
Foreigners cannot engage in general
administrative functions.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: All sectors
SUB-SECTOR: All sub-sectors
INDUSTRY CLASSIFICATION: Not applicable
TYPE OF RESERVATION: National Treatment (Article 1102)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley Federal para el Fomento de la Microindustria (Law to
Promote the Microindustry).
DESCRIPTION: Investment
Only Mexican nationals and Mexican
enterprises with foreigners' exclusion
clause may qualify as microindustry
enterprises.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Agriculture, Livestock, Forestry, and Lumber Activities
SUB-SECTOR: Agriculture, Livestock or Forestry
INDUSTRY CLASSIFICATION: CMAP 1111 Agriculture
CMAP 1112 Livestock
CMAP 120011 Forestry
CMAP 120012 Exploitation of Forest Nurseries
CMAP 120030 Collection of Forest Products
CMAP 120040 Falling Trees
TYPE OF RESERVATION: National Treatment (Article 1102)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos (United Mexican States Political Constitution).
Ley Agraria (Agrarian Law). T¡tulo VI,
DESCRIPTION: Investment
All enterprises constituted in Mexico
which own land for agriculture,
livestock or forestry purposes, must
issue a special type of shares ("T"
shares) which represent the value of
the aforementioned land at the time of
its acquisition. Investors of another
Party and their investments may own up
to 49 percent of such "T" shares.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Communications
SUB-SECTOR: Entertainment Services (Broadcasting and Multipoint Distribution
Systems, (MDS), and Cable Television)
INDUSTRY CLASSIFICATION: CMAP 941104 Private Production and
Transmission of Radio Programs (Limited to Production
and Transmission of Radio Programs, MDS
and uninterrupted music)
CMAP 941105 Private Services of Production,
Transmission and
Repetition of Television Programming
(Limited to Production, Transmission
and Repetition of Television Programs,
MDS, Direct Broadcasting Systems, and
High Definition Television and Cable
Television)
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley Federal de Radio y Televisi¢n
(Radio and Television Federal Law),
T¡tulo IV (Funcionamiento), Cap¡tulo
III (Programaci¢n)
Reglamento de la Ley Federal de Radio
y Televisi¢n y de la Ley de la
Industria Cinematogr fica relativo al
contenido de las transmisiones de
Radio y Televisi¢n (Regulations of the
Radio and Television Federal Law and
Motion Picture Industry Law relating
to Radio o Television Content), T¡tulo
III (Programaci¢n)
Reglamento del Servicio de Televisi¢n
por Cable, (Cable Television
Regulations) Cap¡tulo VI
(Programaci¢n)
DESCRIPTION: Cross-Border Services
For the protection of copyrights a
holder of a concession for a
commercial broadcast station or for a
cable television system in Mexico is
required to obtain an authorization
from the Secretar¡a de Gobernaci¢n to
import in any form radio or television
programming for broadcast or cable
distribution of such programming
within Mexico.
The authorization will be granted if
the request includes documentation
showing that the foreign government,
sponsoring international organization,
or the private entrepreneur or
organizer has granted the license
("derechos") to retransmit or
distribute by cable such program.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Communications
SUB-SECTOR: Entertainment Services (Cable Television)
INDUSTRY CLASSIFICATION: CMAP 941105 Private Services of
Production, Transmission and
Retransmission of Television
Programming (Limited to cable
television)
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos(United Mexican States
Political Constitution), Article 32
Ley de V¡as Generales de Comunicaci¢n
(General Means of Communication Law),
Libro I Cap¡tulo III (Concesiones,
Permisos y Contratos)
Ley Federal de Radio y Televisi¢n
(Radio and Television Federal Law),
T¡tulo III, (Concesiones, Permisos e
Instalaciones)
Ley para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment)
Reglamento del Servicio de Televisi¢n
por Cable (Cable Television
Regulations), Cap¡tulo II
(Concesiones)
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment)
DESCRIPTION: Cross-Border Services
1. A concession granted by the
Secretar¡a de Comunicaciones y
Transportes is required to construct
and operate, or to operate, cable
television systems. Such concession is
granted only to Mexican nationals or
Mexican enterprises.
Investment:
2. Investors of another Party and
their investments may own, directly or
indirectly, up to 49 percent of an
enterprise established or to be
established in Mexico which owns or
operates a cable television systems or
provides cable television services.
DURATION: Cross-Border Services
Indeterminate.
Investment
Paragraph 2 of the description shall
govern upon entry into force of this
Agreement; subject to discussion by
the Parties five years after the entry
into force of this Agreement.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Communications
SUB-SECTOR: Entertainment Services
INDUSTRY CLASSIFICATION: CMAP 941103 Private Exhibition of Films (cinema)
TYPE OF RESERVATION: National Treatment (Article 1202)
Performance Requirements (Article 1106)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley de la Industria Cinematogr fica
(Motion Picture Industry Law)
Reglamento de la Ley de la Industria
Cinematogr fica (Regulations of the
Motion Picture Industry)
DESCRIPTION: Cross-Border Services and Investment
On an annual basis, 30 percent of the
screen time of every theater may be
reserved for films produced, either
within or outside Mexico, by Mexican
enterprises.
DURATION: The description shall govern upon
entry into force of this Agreement.
Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Communications
SUB-SECTOR: Entertainment Services (Broadcasting,
Multipoint Distribution Systems (MDS),
and Cable Television)
INDUSTRY CLASSIFICATION: CMAP 941104 Private Production and
Transmission of Radio Programs
(Limited to Production and
Transmission of Radio Programs, MDS
and uninterrupted music)
CMAP 941105 Private Services of
Production, Transmission and
Retransmission of Television
Programming (Limited to Production,
Transmission and Retransmission of
Television Programs, MDS, Direct
Broadcasting Systems, High-Definition
Television and Cable Television)
TYPE OF RESERVATION: National Treatment (Article 1202)
Performance Requirement (Article 1106)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley Federal de Radio y Televisi¢n,
(Radio and Television Federal Law),
T¡tulo IV (Funcionamiento), Cap¡tulo
III (Programaci¢n)
Reglamento de la Ley Federal de Radio
y Televisi¢n y de la Ley de la
Industria Cinematogr fica relativo al
contenido de las transmisiones de
Radio y Televisi¢n (Regulation of
Radio and Television Federal Law and
Regulations of the Motion Picture
Industry Law relating to Broadcasting
Content), T¡tulo III (Programaci¢n)
Reglamento del Servicio de Televisi¢n
por Cable (Cable Television
Regulations), Cap¡tulo VI
(Programaci¢n)
DESCRIPTION: Cross-Border Services and Investment
The use of the Spanish language is
required for the broadcast, cable or
multipoint-distribution-system
distribution of radio or television
programming, except when the
Secretar¡a de Gobernaci¢n authorizes
the use of another language.
A majority of personnel involved in
the production and performance of a
live broadcast programming activity
must be Mexican nationals.
To perform in Mexico, a radio and
television announcer or presentor who
is not a Mexican national must obtain
an authorization from the Secretar¡a
de Gobernaci¢n.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Communications
SUB-SECTOR: Entertainment Services (Broadcasting,
and Multipoint Distribution Systems and Cable Television)
INDUSTRY CLASSIFICATION: CMAP 941105 Private Services of
Production, Transmission and
Retransmission of Television
Programming (Limited to Broadcasting,
Cable Television and Multipoint
Distribution Systems)
TYPE OF RESERVATION: National Treatment (Article 1202)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley Federal de Radio y Televisi¢n,
(Radio and Television Federal Law),
T¡tulo IV (Funcionamiento), Cap¡tulo
III (Programaci¢n)
Reglamento de la Ley Federal de Radio
y Televisi¢n y de la Ley de la
Industria Cinematogr fica relativo al
contenido de las transmisiones de
Radio y Televisi¢n (Regulations of the
Radio and Television Federal Law and
Regulation of the Motion Picture
Industry Law relating to Broadcasting
Content), T¡tulo III (Programaci¢n)
Reglamento del Servicio de Televisi¢n
por Cable, (Cable Television
Regulations), Cap¡tulo VI
(Programaci¢n)
DESCRIPTION: Cross-Border Services and Investment
The use of the Spanish language or
Spanish subtitles is required for
advertising broadcast or distributed
in Mexico.
Advertising included in programs
transmitted directly from outside
Mexico may not be broadcast in such
programs when they are retransmitted
or distributed in Mexico
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Communications
SUB-SECTOR: Telecommunications (Enhanced or Value-Added Services)
INDUSTRY CLASSIFICATION: CMAP 720006 Other Telecomunications
Services (Limited to Enhanced or
Value-Added Services)
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley de V¡as Generales de Comunicaci¢n
(General Means of Communication Law),
Libro Primero, Cap¡tulo III
(Concesiones, Permisos y Contratos)
Reglamento de Telecomunicaciones
(Telecommunications Regulations),
Cap¡tulo 4, (Permisos)
Ley para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment)
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment)
DESCRIPTION: Cross-border Services
1. A provider of enhanced or
value-added services must obtain a
permit issued by the Secretar¡a de
Comunicaciones y Transportes.
2. Persons of Canada or the United
States may provide all enhanced or
value-added services, except videotext
or enhanced packet switching services,
without the need to establish local
presence.
3. Videotext and enhanced packet
switching services may not be provided
on a cross-border basis.
Investment
1. Investors of another Party and
their investments may own 100 percent
of an enterprise established or to be
established in Mexico that provides
any telecommunication enhanced or
value-added service, other than
videotext or enhanced packet switching
services.
2. Investors of another Party and
their investments may own, directly or
indirectly, up to 49 percent of an
enterprise established or to be
established in Mexico that provides
videotext or enhanced packet switching
services.
DURATION: Cross-border Services
Paragraphs 2 and 3 of the description
shall govern upon entry into force of
this Agreement.
Commencing July 1, 1995, a person of
Canada or the United States may
provide videotext or enhanced packet
switching services without the need to
establish a local presence in Mexico.
Investment
Paragraph 1 of the description shall
govern upon entry into force of this
Agreement.
Commencing July 1, 1995, investors of
another Party and their investments
may own 100 percent of an enterprise
established or to be established in
Mexico that provides videotext or
enhanced packet switching services.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Communications
SUB-SECTOR: Transport Telecommunications General Means of Communication
INDUSTRY CLASSIFICATION: CMAP 7200 Communications
CMAP 7100 Transport
CMAP 9411 Radio and Television
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley de V¡as Generales de Comunicaci¢n
(General Means of Communication Law)
Ley Federal de Radio y Televisi¢n,
(Radio and Television Federal Law)
Reglamento del Servicio de Televisi¢n
por Cable (Cable Television
Regulations)
Reglamento de Telecomunicaciones
(Telecommunications Regulations)
DESCRIPTION: Investment
Foreign Governments and Foreign state
enterprises or their investments may
not invest, directly or indirectly, in
a Mexican enterprise providing
services related to the general means
of communication set out herein.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Construction
SUB-SECTOR:
INDUSTRY CLASSIFICATION: CMAP 501101 Residential or Housing Construction
CMAP 501102 Non-residential Construction
CMAP 501200 Construction of Urbanization Projects
CMAP 501311 Construction of Industrial Plants
CMAP 501312 Construction of Electricity Generation
Plants
CMAP 501321 Construction and Maintenance of
Electricity Conduction Lines and Networks
CMAP 501411 Mounting or Installing Concrete
Structures
CMAP 501412 Mounting or Installing Metallic
Structures
CMAP 501421 Marine and River Works
CMAP 501422 Construction of Routes for Land
Transportation
CMAP 502001 Hydraulic and Sanitation Installations in
Buildings
CMAP 502002 Electrical Installations in Buildings
CMAP 502003 Telecommunications Installations
CMAP 502004 Other Special Installations
CMAP 503001 Earth Movement
CMAP 503002 Cement Works
CMAP 503003 Underground Excavations
CMAP 503004 Underwater Works
CMAP 503005 Installation of Signs and Warnings
CMAP 503006 Demolition
CMAP 503007 Construction of Water Purification or
Treatment Plants
CMAP 503009 Drilling Water Wells
CMAP 503010 Construction Activities not Elsewhere
Classified
TYPE OF RESERVATION: National Treatment (Article 1102)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment), Cap¡tulos II y III
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment).
DESCRIPTION: Investment
Prior approval of the Comisi¢n
Nacional de Inversiones Extranjeras is
required for investors of another
Party or their investments to own,
directly or indirectly, more than 49
percent of the ownership interests of
an enterprise established or to be
established in Mexico that carry out
construction activities as set out in
the classification mentioned above.
DURATION: Five years after the entry into force
of this Agreement, investors of
another Party and their investments
may own 100 percent of the ownership
interests of such enterprises without
Comisi¢n Nacional de Inversiones
Extranjeras' prior approval.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Construction
SUB-SECTOR: Not applicable
INDUSTRY CLASSIFICATION: CMAP 503008 Exploration and drilling
works and services done by specialized
contractors excluding the case when
these same works and services are done
by personnel of PEMEX in the
activities classified under industrial
classification 220000.
TYPE OF RESERVATION: National Treatment (Article 1102)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos (United Mexican
States Political Constitution), T¡tulo
I Cap¡tulo I.
Ley Reglamentaria del Art¡culo 27
Constitucional en el Ramo del Petr¢leo
(Regulatory Law of Article 27 of the
United Mexican States Political
Constitution in matters related with
Petroleum)
Ley para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment) Cap¡tulo I
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment)
DESCRIPTION: Investment
Risk-sharing services contracts are
prohibited.
Prior approval of the Comisi¢n
Nacional de Inversiones Extranjeras is
required for investors of another
Party and their investments to own,
directly or indirectly, more than 49
percent of the ownership interests of
an enterprise established or to be
established in Mexico involved in
"non-risk sharing" service contracts
for the drilling of petroleum and gas
wells.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Educational Services
SUB-SECTOR: Private Schools
INDUSTRY CLASSIFICATION: CMAP 921101 Preschool Private
Educational Services
CMAP 921102 Primary School Private
Educational Services
CMAP 921103 Secondary School Private
Educational Services
CMAP 921104 Middle High School Private
Educational Services
CMAP 921105 Higher Private Educational
Services
CMAP 921106 Private Educational
Services that Combine Preschool,
Primary, Secondary, Middle High and
Higher Instruction
TYPE OF RESERVATION: National Treatment (Article 1102)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment)
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment)
Ley Para la Coordinaci¢n de la
Educaci¢n Superior (Law for the
Coordination of the Higher Education),
Cap¡tulo II
Ley Federal de Educaci¢n (Education
Law), Cap¡tulo III
DESCRIPTION: Investment
Prior approval of the Comisi¢n
Nacional de Inversiones Extranjeras is
required for investors of another
Party or their investments to own,
directly or indirectly, more than 49
percent of the ownership interests of
an enterprise established or to be
established in Mexico that operates
educational services as set out in the
classification mentioned above.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Energy
SUB-SECTOR: Commercialization of Petroleum Products
INDUSTRY CLASSIFICATION: CMAP 623050 Retail Sales of Gas of
liquified petroleum gas (LPG),
including the installation of fixed
deposits when the facilities are built
by the same establishment.
TYPE OF RESERVATION: National Treatment (Article 1102)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley Reglamentaria del Art¡culo 27
Constitucional en el Ramo del Petr¢leo
(Regulatory Law of Article 27 of the
United Mexican States Political
Constitution related to Oil).
Ley para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment). Cap¡tulo I
Reglamento de la Ley Reglamentaria del
Art¡culo 27 Constitucional en el Ramo
de Petr¢leo (Reglamentation of the
Regulatory Law of Article 27 of the
United Mexican States Political
Constitution related to Oil)
Reglamento de la Distribuci¢n de
Gas.(Regulations of the Distribution
of LPG). Cap¡tulos I y II
(Autorizaciones y permisos)
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment).
DESCRIPTION: Investment
Only Mexican nationals and Mexican
enterprises with foreigners' exclusion
clause may engage in the distribution
of liquified Petroleum gas.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Energy
SUB-SECTOR: Commercialization of Petroleum Products
INDUSTRY CLASSIFICATION: CMAP 6260000 Retail Outlets of
Gasoline and Diesel. Includes
Lubricants, Oils and Additives for
Resale in these Retail Outlets.
TYPE OF RESERVATION: National Treatment (Article 1102)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley Reglamentaria del Art¡culo 27
Constitucional en el Ramo del Petr¢leo
(Regulatory Law of Article 27 of the
United Mexican States Political
Constitution related to Oil)
Reglamento de la Ley Reglamentaria del
Art¡culo 27 Constitucional en el Ramo
del Petr¢leo (Reglamentation of the
Regulatory Law of Article 27 of the
United Mexican States Political
Constitution related to Oil).
DESCRIPTION: Only Mexican nationals and Mexican
enterprises with foreigners' exclusion
clause may acquire, establish and
operate retail outlets engaged in the
resale of gasoline, diesel,
lubricants, oils and additives.
DURATION: The description shall govern upon
entry into force of this Agreement
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Fishing
SUBÄSECTOR: Fishing
INDUSTRY CLASSIFICATION: CMAP 130011 Fishing on the High Seas
CMAP 130012 Coastal Fishing
CMAP 130013 Fresh Water Fishing
CMAP 130014 Fishing in the Economic Exclusive Zone
TYPE OF RESERVATION: National Treatment (Article 1102)
Most-Favored-Nation Treatment (Article 1103)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley de Pesca (Fishing Law) Cap¡tulo I.
Ley de Navegaci¢n y Comercio Mar¡timo
(Navigation and Maritime Commerce
Law), Libro II T¡tulo Unico Cap¡tulo V
Ley Federal del Mar (Federal Sea Law)
Ley Federal de Aguas (Federal Law of
Water)
Ley para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment).
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment).
DESCRIPTION: Investment
With respect to enterprises
established or to be established in
Mexico performing coastal fishing,
fresh water fishing and fishing in the
exclusive economic zone, investors of
another Party and their investments
may own, directly or indirectly, up to
49 percent of the ownership interest
of such enterprises.
With respect to enterprises
established or to be established in
Mexico performing fishing on the high
seas, prior approval of the Comision
Nacional de Inversiones Extranjeras is
required for investors of another
Party or their investments to own,
directly or indirectly, more than 49
percent of the ownership interests of
enterprises established or to be
established in Mexico performing
fishing on the high seas.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Manufacturing and Assembly of Goods
SUB-SECTOR: Auto Parts Industry
INDUSTRY CLASSIFICATION: CMAP 383103 Manufacturing of Parts and
Accessories for Electrical Automotive
Systems
CMAP 384121 Manufacture and Assembly
of Car and Truck Bodies and Tows
CMAP 384122 Manufacture of Car and
Trucks Motors and Their Parts
CMAP 384123 Manufacture of Car and
Truck Transmission System Parts
CMAP 384124 Manufacture of Car and
Truck Suspension System Parts
CMAP 384125 Manufacture of Car and
Truck Brake System Parts and
Accessories
CMAP 384126 Manufacture of Other Car
and Truck Parts and Accessories
TYPE OF RESERVATION: National Treatment (Article 1102)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Annex 300-A (Trade and Investment in
the Automotive Industry Sector) of
this Agreement.
Ley Para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment).
Reglamento de la Ley Para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment).
Decreto para el fomento y
modernizaci¢n de la Industria
Automotriz (Decree for the Development
and Modernization of the Automotive
Industry) ("Auto Decree").
Decreto que Determina Reglas para la
Aplicaci¢n del Decreto para el Fomento
y Modernizaci¢n de la Industria
Automotriz (Resolution that
Establishes Rules for the
Implementation of the Auto Decree)
("Auto Decree Implementing
Regulations").
DESCRIPTION: Investors of another Party and their
investments may own, directly or
indirectly, up to 49 percent of the
ownwership interests of an enterprise
established or to be established in
Mexico and engaged in the auto parts
industry.
Investors of another Party and their
investments that qualify as "national
suppliers" may own 100% of an
enterprise established or to be
established in Mexico engaged in the
manufactured of specified auto parts.
To qualify as "national supplier", the
enterprise must:
(a) obtain a national value added
calculated as set out in the
"Auto Decree Implementing
Regulations" of at least 20%;
and
(b) not be controlled or related,
directly or indirectly, to a
manufacturer of motor vehicles.
DURATION: Annex 300-A (Trade and Investment in
the Automotive Sectors) of Chapter
Three (National Treatment and Market
Access) shall govern.
Commencing on the sixth year after the
entry into force of this Agreement,
investors of another Party and their
investments may own 100 percent of the
ownership interests of an enterprise
established or to be established in
Mexico engaged in auto parts industry.
(See also page I-M-39 of this Schedule
- performance requirements)
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Manufacture of Goods
SUB-SECTOR: Automotive Industry
INDUSTRY CLASSIFICATION: CMAP 383103 Manufacturing of Parts and
Accessories for Electrical Automotive
Systems
CMAP 3841 Automotive Industry.
CMAP 384121 Manufacture and Assembly
of Car and Truck Bodies and Tows
CMAP 384122 Manufacture of Car and
Trucks Motors and Their Parts
CMAP 384123 Manufacture of Car and
Truck Transmission System Parts
CMAP 384124 Manufacture of Car and
Truck Suspension System Parts
CMAP 384125 Manufacture of Car and
Truck Brake System Parts and
Accessories
CMAP 384126 Manufacture of Other Car
and Truck Parts and Accessories
TYPE OF RESERVATION: Performance Requirements (Article 1106)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Annex 300-A (Trade and Investment in the Automotive Sector)
of Chapter Three (Market Access) of this Agreement
Decreto para el fomento y
modernizaci¢n de la Industria
Automotriz (Decree for the Development
and Modernization of the Automotive
Industry) ("Auto Decree")
Decreto que Determina Reglas para la
Aplicaci¢n del Decreto para el Fomento
y Modernizaci¢n de la Industria
Automotriz (Resolution that
Establishes Rules for the
Implementation of the Auto Decree)
("Auto Decree Implementing
Regulations")
DESCRIPTION: Investment
Annex 300-A (Trade and Investment in
the Automotive Sector) of Chapter
Three (Market Access) shall govern. A
summary of performance requirements in
the automotive industry follows:
(a) National value added shall
constitute at least 20% of the
total value of sales of an
enterprise of the autoparts
industry or of a "National
Supplier". In calculating the
national value added, custom
duties shall be included in the
value of imports.
(b) A manufacturer of motor vehicles
must attain specified levels of
national value added from
suppliers of Mexican parts
(enterprises of the autoparts
industry and national suppliers)
and must comply with specified
trade balance requirements in
order to receive permits for the
importation of new motor
vehicles.
(c) Manufacturers of
autotransportation vehicles may
only import the types of
autotransportation vehicles it
produces in Mexico and in a
quantity not exceed 50% of the
number of such vehicles it
produces in Mexico in a year.
DURATION: Annex 300-A (Trade and Investment in
the Automotive Sector) of Chapter
Three (Market Access) shall govern
upon entry into force of this
Agreement
Commencing on the sixth year after
entry into force of this Agreement
Mexico will eliminate restrictions on
the number of an autotransportation
vehicles that a manufacture
autotransportation vehicles may
import.
Commencing on the eleventh year after
the entry into force of this
Agreement, Mexico will eliminate all
performance requirements in the Auto
Decree
and the "Auto Decree Implementing
Regulations".
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Manufacture of Goods
SUB-SECTOR: Maquiladora Industry
INDUSTRY CLASSIFICATION: Not applicable
TYPE OF RESERVATION: Performance Requirements (Article 1106)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley Aduanera (Customs Law)
Decreto para el Fomento y Operaci¢n de
la Industria Maquiladora de
Exportaci¢n (Decree for the Promotion
and Operation of Maquiladora Industry
for Export)
DESCRIPTION: Investment
Persons authorized by the Secretar¡a
de Comercio y Fomento Industrial to
operate under the "Maquiladora Decree"
may not sell to the domestic market
more than 50% of the total value of
its exports.
DURATION: Domestic market may not exceed:
(a) during the first year of entry
into force of this Agreement, 55%
of the total value of its
exports;
(b) during the second year after the
date of entry into force of this
Agreement, 60% of the total value
of its exports;
(c) during the third year after the
date of entry into force of this
Agreement, 65% of the total value
of its exports;
(d) during the fourth year after the
date of entry into force of this
Agreement, 70% of the total value
of its exports;
(e) during the fifth year after the
date of entry into force of this
Agreement, 75% of the total value
of its exports;
(f) during the sixth year after the
date of entry into force of this
Agreement, 80% of the total value
of its exports;
(g) during the seventh year after the
date of entry into force of this
Agreement, 85% of the total value
of its exports;
(h) from the eighth year after the
date of entry into force of this
Agreement and thereafter, persons
may not be subject to this
requirement.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Manufacture of Goods
SUB-SECTOR: Not applicable
INDUSTRY CLASSIFICATION: Not applicable
TYPE OF RESERVATION: Performance Requirements (Article 1106)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley Reglamentaria del Art¡culo 131 de
la Constituci¢n Pol¡tica de los
Estados Unidos Mexicanos en Materia de
Comercio Exterior (Mexican Foreign
Trade Act)
Decreto para el Fomento y Operaci¢n de
las Empresas Altamente Exportadoras"
(Decree for the Promotion and
Operation of High-Export Firms)
DESCRIPTION: Investment
1. "Direct exporters" authorized by
the Secretar¡a de Comercio y Fomento
Industrial to operate under the "ALTEX
Decree" must export at least 40% of
their total sales or $2,000,000. U.S.
dollars.
2. "Indirect exporters" authorized by
the Secretar¡a de Comercio y Fomento
Industrial to
operate under the "ALTEX Decree" must
export at least 50% of their total
sales.
DURATION: Seven years after the entry into force
of this Agreement, direct and indirect
exporters will not be subject to the
above mencioned percentage.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Manufacture of Goods
SUB-SECTOR: Not applicable
INDUSTRY CLASSIFICATION: Not applicable
TYPE OF RESERVATION: Performance Requirements (Article 1106)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley Reglamentaria del Art¡culo 131 de
la Constituci¢n Pol¡tica de los
Estados Unidos Mexicanos en Materia de
Comercio Exterior (Mexican Foreign
Trade Act).
Ley Aduanera (Customs Law).
Programa de Importaci¢n Temporal para
Producir Art¡culos de Exportaci¢n
(Temporal Import Program to Produce
Export Goods).
DESCRIPTION: Investment
Persons authorized by Secretar¡a de
Comercio y Fomento Industrial to
operate under the "PITEX Decree" are
required to:
(a) export at least 30% of their
total production for the
temporary entry of machinery,
equipment, instruments, molds and
durable tools used in the
manufacturing process; equipment
used to handle materials directly
related to exported such goods;
and research, industrial
security, quality control,
communication, training
personnel, computer and
environmental devices, equipment
and accessories or others related
with the process of the goods
exported.
(b) export at least 10% of their
total production or $500,000
U.S.dollars for the temporary
import of raw materials, parts
and components totally used as
inputs on the export merchandise,
packages, bottles, containers and
trailer's containers which are
fully used to contain export
merchandise; fuel, lubricants,
auxiliary materials, reparation
of tools and equipment consumed
in the export process.
DURATION: As from the eighth year after the date
of entry into force of this Agreement
such persons will not be subject to
the above mentioned percentages.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Manufacturing Industry
SUB-SECTOR: Artificial explosives, fireworks, firearms and cartridges
INDUSTRY CLASSIFICATION: CMAP 352236 Manufacturing of
Artificial Explosives and Fireworks
CMAP 382208 Manufacturing of Firearms
and Cartridges
TYPE OF RESERVATION: National Treatment (Article 1102) Senior Management
(Article 1107)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley Federal de Armas de Fuego y
Explosivos (Federal Law of Firearms
and Explosives) T¡tulo III Cap¡tulo I
Ley para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment)
Reglamento de la Ley Federal de Armas
de Fuego y Explosivos (Regulations of
the Federal Law of Firearms and
Explosives) Cap¡tulo IV
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment)
DESCRIPTION: Investment
Investors of another Party and their
investments may own, directly or
indirectly, up to 49 percent of the
ownership interest of an enterprise
established or to be established in
Mexico that manufacture artificial
explosives and fireworks, and
ammunition as set out in the
classification mentioned above.
Foreigners cannot appoint directors
nor become members of the board of
directors of such enterprises.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Mining
SUB-SECTOR: Extraction and Exploitation of Minerals
INDUSTRY CLASSIFICATION: CMAP 210000 Exploitation of Mineral Carbon
CMAP 231000 Extraction of Minerals
Containing Iron
CMAP 232001 Extraction of Minerals
Containing Gold, Silver and Other
Precious Minerals and Metals
CMAP 232002 Extraction of Mercury and
Antimony
CMAP 232003 Extraction of Industrial
Minerals Containing Lead and Zinc
CMAP 232004 Extraction of Minerals
Containing Copper
CMAP 232006 Extraction of Other
Metallic Minerals Not Containing Iron
CMAP 291001 Extraction of Sand and
Gravel
CMAP 291002 Extraction of Marble and
other Gravels for construction
CMAP 291003 Exploitation of Feldspar
CMAP 291004 Extraction of Kaolin, Clay
and Refractory Minerals
CMAP 291005 Extraction of Limestones
CMAP 291006 Exploitation of Gypsum
CMAP 292001 Extraction of Barium Oxide
CMAP 292002 Extraction of Phosphoric
Rock
CMAP 292003 Extraction of Fluorite
CMAP 292004 Extraction of Sulphur
CMAP 292005 Extraction of Other
Minerals in Order to Obtain Chemicals
CMAP 292006 Extraction of Salt
CMAP 292007 Extraction of Graphite
CMAP 292008 Extraction of other Non
Metallic Minerals
TYPE OF RESERVATION: National Treatment (Article 1102)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley Minera (Mining Law)
Ley Para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment)
Reglamento de la Ley Minera (Mining
Law Regulations)
Reglamento de la Ley Para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment)
DESCRIPTION: Investment
Prior approval of the Comisi¢n
Nacional de Inversiones Extranjeras is
required for investors of another
Party or their investments to own,
directly or indirectly, more than 49
percent of the ownership interests of
an enterprise established or to be
established in Mexico engaged in the
extraction or exploitation of all kind
of minerals.
DURATION: The description shall govern upon the
entry into force of this Agreement.
Commencing on the sixth year after the
entry into force of this Agreement
investors of another Party and their
investments may own 100 percent of
ownership interests of an enterprise
established or to be established in
Mexico engaged in such activities.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Printing, Editing and Associated Industries
SUB-SECTOR: Newspaper Publishing
INDUSTRY CLASSIFICATION: CMAP 342001 Newspaper Publishing
TYPE OF RESERVATION: National Treatment (Article 1102)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley Para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment)
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment)
DESCRIPTION: Investment
Investors of another Party and their
investments may own 100 percent of an
enterprise established or to be
established in Mexico engaged in the
simultaneous printing and distribution
in Mexico of a daily newspaper that is
published outside of Mexico.
Investors of another Party and their
investments may own, directly or
indirectly, up to 49 percent of an
enterprise established or to be
established in Mexico engaged in the
publication of daily newspapers
written primarily for a Mexican
audience and distributed in Mexico.
For purposes of this reservation,
daily newspapers are those published
at least five days a week.
DURATION: The description shall govern upon
entry into force of this Agreement.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Professional, Technical and Specialized Services and Other
Services Provider by natural persons
SUB-SECTOR: Medical Doctors
INDUSTRY CLASSIFICATION: CMAP 9231 Private Medical,
Odontological and Veterinary Services
(limited to medical and odontological
services)
TYPE OF RESERVATION: National Treatment (Article 1202)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley Federal del Trabajo (Federal Labor
Law)
DESCRIPTION: Cross-Border Services
Only Mexican nationals licensed as
doctors in Mexico may provide medical
in-house services in Mexican
enterprises.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Professional, Technical and Specialized Services and Services
Provider by natural persons
SUB-SECTOR: Specialized Personnel
INDUSTRY CLASSIFICATION: CMAP 951012 Custom Brokers and
Representation Agency Services
(limited to shippers' export
declarations)
TYPE OF RESERVATION: National Treatment (Article 1202)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley Aduanera, (Customs Law) Cap¡tulo
Unico, T¡tulo Noveno
DESCRIPTION: Cross-Border Services
A shipper's export declaration must be
processed by a Mexican national
licensed as a customs broker (agente
aduanal) or by the representative
(apoderado aduanal) employed by the
exporter and authorized by the
Secretar¡a de Hacienda y Cr‚dito
P£blico for this purpose.
DURATION: Indeterminate; subject to discussion
by the Parties five years after the
entry into force of this Agreement.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Professional, Technical and Specialized Services and Other
Services Provider by natural persons
SUB-SECTOR: Professional Services
INDUSTRY CLASSIFICATION: CMAP 9510 Professional, Technical and
Specialized Services (limited to
Professional Services)
TYPE OF RESERVATION: National Treatment (Article 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal and State
LEGAL CITATION: Ley Reglamentaria del Art¡culo 5o.
Constitucional, relativo al ejercicio
de las profesiones en el Distrito
Federal y sus regulaciones (Regulatory
Law of Article 5 of the United Mexican
States Political Constitution in
relation to Professional Services and
its regulations) Cap¡tulo III, Secci¢n
Tercera,
Cap¡tulos IV y V
Equivalent State Laws
Ley General de Poblaci¢n (General
Population Law)
Cap¡tulo III
DESCRIPTION: Cross-Border Services
Only Mexican nationals may be licensed
at the federal level, in the Distrito
Federal, and in the States of Baja
California Sur, Colima, Chihuahua,
Durango, Jalisco, Estado de M‚xico,
Morelos, Nayarit, Nuevo Le¢n, Puebla,
Quer‚taro, Sonora, Tabasco and
Veracruz in professions that require a
"c‚dula professional".
Only a permanent resident (inmigrado
or inmigrante) in Mexico may be
granted a waiver of the citizenship
requirement by the Supreme Court to be
licensed as a professional at the
federal level.
DURATION: Citizenship and permanent residency
requirements are subject to removal
within two years after the entry into
force of this Agreement in accordance
with Article 1210(3). Upon removal of
these requirements, a foreign
professional will be required to have
non-immigrant visitor status and an
address in Mexico.
With respect to legal services see
Mexico's Schedule in Annex II, p. M-
10.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Professional, Technical and
Specialized Services and Services
Provided by natural persons
SUB-SECTOR: Professional Services
INDUSTRY CLASSIFICATION: CMAP 951002 Legal Services and Foreign
Legal Consultants
TYPE OF RESERVATION: National Treatment (Article 1102 and 1202)
Most-Favored-Nation Treatment
(Articles 1103 and 1203)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal and State
LEGAL CITATION: Ley Reglamentaria del Art¡culo 5o.
Constitucional, relativo al ejercicio
de las profesiones en el Distrito
Federal (Regulatory Law of Article 5'
of the United Mexican States Political
Constitution in relation to
Professional Services), Cap¡tulo I,
Cap¡tulo III, Secci¢n Tercera
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment)
DESCRIPTION: Cross Border Services and Investment
Except as provided for in this
reservation, only lawyers licensed in
Mexico may have an ownership interest
in a law firm established in Mexico.
Lawyers licensed in a Canadian
province that allows partnerships
between lawyers licensed in that
province and lawyers licensed in
Mexico, will be permitted to form
partnerships with lawyers licensed in
Mexico.
The number of lawyers licensed in
Canada serving as partners, and their
ownership interest in the partnership,
shall not exceed the number of lawyers
licensed in Mexico serving as
partners, and their ownership interest
in the partnership. A lawyer licensed
in Canada shall not be allowed to
practice or advise on Mexican law.
A law firm established in Mexico
resulting from the partnership of
lawyers licensed in Canada and lawyers
licensed in Mexico may hire lawyers
licensed in Mexico as employees.
Lawyers licensed in Canada will be
subject to the regime for foreign
legal consultants established in page
M-2 of Schedule VI.
DURATION: The description shall govern upon
entry into force of this Agreement.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Professional, Technical and Specialized Services and Services
Provided by natural persons
SUB-SECTOR: Professional Services
INDUSTRY CLASSIFICATION: CMAP 951003 Accounting and Auditing
Services (limited to accounting
services)
TYPE OF RESERVATION: National Treatment (Article 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: C¢digo Fiscal de la Federaci¢n,
(Federal Tax Code), T¡tulo Tercero,
Cap¡tulo Unico
Reglamento del C¢digo Fiscal de la
Federaci¢n, (Regulations of the
Federal Tax Code)
Reglamento de la Ley Para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment)
DESCRIPTION: Cross-Border Services
Only Mexican nationals who are
licensed as accountants in Mexico are
authorized to perform audits for tax
purposes on behalf of the following:
(a) state enterprises,
(b) enterprises that are authorized
to receive tax-deductible donations,
(c) enterprises with income, capital
stock, number of employees, and
operations above levels specified
annually by the Secretar¡a de
Hacienda y Cr‚dito P£blico, or
(d) enterprises undergoing a merger
or divestiture.
DURATION: Citizenship and permanent residency
requirements are subject to removal
within two years after the entry into
force of this Agreement in accordance
with Article 1210(3). Upon removal of
these requirements, a foreign
professional will be required to have
non-immigrant visitor status and an
address in Mexico.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Professional, Technical and Specialized Services and Services
Provided by natural persons
SUB-SECTOR: Specialized Services
INDUSTRY CLASSIFICATION: CMAP 951001 Notary Public (limited to
Corredores P£blicos)
TYPE OF RESERVATION: National Treatment (Articles 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal and State
LEGAL CITATION: C¢digo de Comercio (Commerce Code),
Libro Primero, T¡tulo Tercero
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment)
Ley para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment)
DESCRIPTION: Cross-Border Services
1. Only a Mexican by birth may be
licensed to be a commercial notary
public.
2. A commercial notary public may not
have any business affiliations with
any person to provide commercial
notary public services.
DURATION: 1. Citizenship and permanent residency
requirements are subject to removal
within two years after the entry into
force of this Agreement in accordance
with Article 1210(3). Upon removal of
these requirements, a foreign
professional will be required to have
non-immigrant visitor status and an
address in Mexico.
2. Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Professional, Technical and Specialized Services and Services
Provided by Natural Persons
SUB-SECTOR: Specialized Services
INDUSTRY CLASSIFICATION: CMAP 951001 Notary Public
TYPE OF RESERVATION: National Treatment (Article 1102, 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal and State
LEGAL CITATION: Ley del Notariado del Distrito Federal
(Notary Law of the Federal District,
and its equivalents at state laws)
Ley para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment)
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment)
DESCRIPTION: Cross-Border Services and Investment
Only Mexicans by birth may be licensed
to be notaries public.
A notary public may not have any
business affiliations with any person
to provide notary public services.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Professional, Technical and Specialized Services and Services
Provided by Natural Persons
SUB-SECTOR: Specialized Services
INDUSTRY CLASSIFICATION: CMAP 923121 Private Veterinary
Services to Cattle
TYPE OF RESERVATION: National Treatment (Article 1202)
LEVEL OF GOVERNMENT: Federal, State and Local
LEGAL CITATION: Reglamento de Control de Productos
Qu¡mico-Farmac‚uticos, Biol¢gicos,
Alimenticios, Equipos y Servicios para
Animales, (Chemical Products Control
Regulations) Cap¡tulos IV y V
DESCRIPTION: Cross-Border Services
Veterinarians responsible for
enterprises managing chemical,
pharmaceutical and biological goods
for application to animals must be
Mexican nationals. A Mexican national
who is a licensed professional must be
responsible for the laboratories of
such enterprises.
DURATION: Citizenship and permanent residency
requirements are subject to removal
within two years after the entry into
force of this Agreement in accordance
with Article 1210(3). Upon removal of
these requirements, a foreign
professional will be required to have
non-immigrant visitor status and an
address in Mexico.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Retail Commerce
SUB-SECTOR: Sales of Non-Food Products in Specialized Establishment
INDUSTRY CLASSIFICATION: CMAP 623087 Sales of Firearms,
Cartridges and Ammunition
CMAP 612024 Wholesale Commerce, not
elsewhere Classified (limited to a
firearms, cartridges and ammunition)
TYPE OF RESERVATION: National Treatment (Article 1102)
Senior Managment (Article 1107)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley Federal de Armas de Fuego y
Explosivos (Federal Law of Firearms
and Explosives), T¡tulo Tercero,
Cap¡tulo I
Reglamento de la Ley de Armas de Fuego
y Explosivos (Regulation of the
Federal Law of Firearms and
Explosives), Cap¡tulo IV
Ley para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment)
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulations of
the Law to Promote Mexican Investment
and to Regulate Foreign Investment)
DESCRIPTION: Investment
Investors of another Party and their
investments may own, directly and
indirectly, up to 49 percent of the
ownership interest of an enterprise
established or to be established in
Mexico that sells firearms, cartridges
and ammunition as set out in the
classification mentioned above
Foreigners cannot appoint or elect
members to be directors nor become
members of the board of directors of
such enterprises.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Religious Services
SUB-SECTOR: Not applicable
INDUSTRY CLASSIFICATION: CMAP 929001 Religious Services
TYPE OF RESERVATION: Senior Management (Article 1107)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley de Asociaciones Religiosas y Culto
Privado (Religious Associations Law).
T¡tulo II, Cap¡tulo II
DESCRIPTION: Investment
The representatives of the religious
associations in Mexico must be Mexican
nationals.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Services to Agriculture and Cattle
SUB-SECTOR: Services to Agriculture
INDUSTRY CLASSIFICATION: CMAP 971010 Agriculture Services Supply
TYPE OF RESERVATION: National Treatment (Article 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos, (United Mexican
States Political Constitution) Article
32
Reglamento de la Ley de Sanidad
Fitopecuaria (Regulation of the
Phitosanitary Law), Cap¡tulo VII
DESCRIPTION: Cross-Border Services
A concession granted by the Secretar¡a
de Agricultura y Recursos Hidr ulicos
is required to spray pesticides.
Only Mexican nationals or Mexican
enterprises may obtain such
concession.
DURATION: The requirement of a concession will
be replaced with a permit requirement,
and the citizenship requirement will
be eliminated, in accordance with the
schedule of liberalization for
specialty air services.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Transportation
SUBÄSECTOR: Air Transportation
INDUSTRY CLASSIFICATION: CMAP 713001 Transportation
Services on Mexican-Registered
Aircraft
CMAP 713002 Air Taxi Transportation
Services
TYPE OF RESERVATION: National Treatment (Article 1102)
Senior Management (Article 1107)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley Para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera(Law to Promote Mexican
Investment and to Regulate Foreign
Investment), Cap¡tulo I
Reglamento de la Ley Para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera(Regulation of the
Law to Promote Mexican Investment and
to Regulate Foreign Investment)
Ley de V¡as Generales de
Comunicaci¢n(General Means of
Communications Law), Libro Cuarto,
Cap¡tulo I-XII
DESCRIPTION: Investment
Investors of another Party and their
investments may own directly or
indirectly, up to 25 percent of the
voting interest in an enterprise
established or to be established in
Mexico that provides commercial air
services. The chairman and at least
two-thirds of the board of directors
and two-thirds of managing officers of
such enterprises must be Mexican
nationals.
DURATION: Description shall govern upon entry
into force of this Agreement.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Transportation
SUBÄSECTOR: Air Transportation
INDUSTRY CLASSIFICATION: CMAP 973303 Specialty Air Services
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Local Presence (Article 1205)
Senior Management (Article 1107)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley de V¡as Generales de Comunicaci¢n
(General Means of Communication Law),
Libro Cuarto, Cap¡tulo XII
DESCRIPTION: Cross-Border Services
1. A permit issued by the Secretar¡a
de Comunicaciones y Transportes (SCT)
is required to provide all specialty
air services in the territory of
Mexico.
2. Such permit may be issued to a
person of Canada and the United States
to provide services related to flight
training, forest fire-management,
fire-fighting, glider towing, and
parachute jumping in Mexico, subject
to compliance with national safety
rules.
3. Such permit may not be issued to a
person of Canada or the United States
to provide: aerial advertising, aerial
sightseeing services, aerial
construction, heli-logging, inspection
(surveillance), mapping, photography,
surveying and aerial spraying
services.
Investment
Investors of another Party and their
investments may own, directly or
indirectly, up to 25 percent of the
voting interest in an enterprise
established or to be established in
Mexico that provides specialty air
services. The chairman and at least
two-thirds of the board of directors
and two-thirds of managing officers of
such enterprises must be Mexican
nationals.
DURATION: Cross-Border Services
Paragraphs 2 and 3 of the description
shall govern upon entry into force of
this Agreement.
A person of Canada or the United
States will be issued a permit by SCT
to provide, subject to compliance with
safety requirements, the following
specialty air services:
(a) three years after entry into
force of the Agreement, aerial
advertising, aerial sightseeing
services, aerial construction and
heli-logging.
(b) six years after entry into force
of this Agreement, inspection
(surveillance), mapping,
photography, surveying and aerial
spraying services.
Investment
Description shall govern upon entry
into force of this Agreement
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Transportation
SUBÄSECTOR: Air Transportation
INDUSTRY CLASSIFICATION: CMAP 384205 Aircraft Building,
Assembly and Repair (limited to
aircraft repair)
TYPE OF RESERVATION: National Treatment (Article 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos (United Mexican
States Political Constitution),
Art¡culo 32
Ley de V¡as Generales de Comunicaci¢n
(General Means of Communication Law),
Libro Cuarto, Cap¡tulo XV
Reglamento de Talleres Aeron uticos
(Aeronautical Workshops Regulation)
Article 8
DESCRIPTION: Cross-Border Services
A concession granted by the Secretar¡a
de Comunicaciones y Transportes is
required to establish and operate an
aircraft repair facility. Only Mexican
nationals and Mexican enterprises may
obtain such concession.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Transportation
SUBÄSECTOR: Air Transportation
INDUSTRY CLASSIFICATION: CMAP 973301 Air Navigation Services
CMAP 973302 Airport and Heliport
Administration Services
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos (United Mexican
States Political Constitution),
Art¡culo 32
Ley de V¡as Generales de Comunicaci¢n
(General Means of Communication Law),
Libro Primero, Cap¡tulo II y II, Libro
Cuarto, Cap¡tulo IX
Ley para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera(Law to Promote Mexican
Investment and to Regulate Foreign
Investment) Libro Primero, Cap¡tulo II
y III, Libro Cuarto, Cap¡tulo IX
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera(Regulation of the
Law to Promote Mexican Investment and
to Regulate Foreign Investment)
DESCRIPTION: Cross-Border Services
A concession granted by the Secretar¡a
de Comunicaciones y Transportes is
required to construct and operate, or
operate, airports and heliports and to
provide air navigation services. Only
Mexican nationals and Mexican
enterprises may obtain such
concession.
Investment
Prior approval of the Comisi¢n
Nacional de Inversiones Extranjeras is
required for investors of another
Party or their investments to own,
directly or indirectly, more than 49
percent of the ownership interest of
an enterprise established or to be
established in Mexico engaged in the
following activities:
(a) construction and operation of
airports or heliports;
(b) operation of airports or
heliports; or
(c) provision of air navigation
services.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Transportation
SUBÄSECTOR: Land Transportation
INDUSTRY CLASSIFICATION: CMAP 973101 Bus and Truck Station
Administration and Ancillary Services
(main bus and truck terminals and bus
and truck stations)
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley de V¡as Generales de Comunicaci¢n
(General Means of Communication Law),
Libro Primero, Cap¡tulo II y III,
Libro Segundo, T¡tulo Segundo,
Cap¡tulos I y II, T¡tulo Tercero,
Cap¡tulo Unico
Reglamento para el Aprovechamiento del
Derecho de V¡a de las Carreteras
Federales y Zonas Aleda¤as
(Regulations for the Use of the Right
of Way of Federal Roads and their
Adjacent Areas), Cap¡tulos II y IV
Reglamento del Autotransporte Federal
de Pasajeros, (Regulations of the
Federal Transport of Passengers), and
34 Cap¡tulo IV
DESCRIPTION: Cross-Border Services
A permit issued by the Secretar¡a de
Comunicaciones y Transportes is
required to establish or operate a bus
or truck station or terminal. Only
Mexican nationals and Mexican
enterprises with a foreigners'
exclusion clause may obtain such
permit.
Investment
Foreign investment is not permitted in
an enterprise established or to be
established in Mexico engaged in the
establishment or operation of bus or
truck station or terminals as
described in the industry
classification mentioned above.
DURATION: Cross-Border Services
Description shall govern upon entry
into force of this Agreement.
Three years after signature of this
Agreement, such permit may be obtained
by Mexican nationals and Mexican
enterprises.
Investment
With respect to enterprises
established or to be established in
Mexico providing such service
investors of another Party and their
investment may own:
(a) three years after the signature
of this Agreement, up to 49
percent of ownership interest of
the enterprise;
(b) seven years after the entry into
force of this Agreement, up to 51
percent of the ownership interest
of the enterprise; and
(c) ten years after the entry into
force of this Agreement, up to
100 percent of the enterprise.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Transportation
SUBÄSECTOR: Land Transportation
INDUSTRY CLASSIFICATION: CMAP 973102 Road and Bridge
Administration Services and Ancillary
Services
TYPE OF RESERVATION: National Treatment (Article 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos (United Mexican
States Political Constitution),
Art¡culo 32
Ley de V¡as Generales de Comunicaci¢n
(General Means of Communication Law),
Libro Primero, Cap¡tulos I, II y III,
Libro Segundo, T¡tulo Segundo,
Cap¡tulo II, T¡tulo Tercero, Cap¡tulo
Unico
DESCRIPTION: Cross-Border Services
A concession granted by the Secretar¡a
de Comunicaciones y Transportes is
required to provide road and bridge
administration services and ancillary
services. Only Mexican nationals and
Mexican enterprises may obtain such
concession.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Transportation
SUBÄSECTOR: Land Transportation
INDUSTRY CLASSIFICATION: CMAP 711312 Urban and Suburban
Passenger Transportation Service by
Bus
CMAP 711315 Collective Automobile
Transportation Service
CMAP 711316 Established Route
Automobile Transportation Service
CMAP 711317 Automobile Transportation
Service from a Specific Station
CMAP 711318 School and Tourist
Transportation Service (limited to
school transportation service)
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
LEVEL OF GOVERNMENT: Federal and State
LEGAL CITATION: Ley para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote General
Investment and to Regulate Foreign
Investment)
Ley de V¡as Generales de Comunicaci¢n
(General Means of Communication Law)
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera (Regulation of
the Law to Promote General Investment
and to Regulate Foreign Investment)
Reglamento para el Autotransporte
Federal de Pasajeros (Regulations of
the Federal Transport of Passengers)
State laws [to be provided]
DESCRIPTION: Cross-Border Services and Investment
Only Mexican nationals and Mexican
enterprises with a foreigners'
exclusion clause may provide local bus
services, school bus services and taxi
and other collective transportation
services.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Transportation
SUBÄSECTOR: Land Transportation
INDUSTRY CLASSIFICATION: CMAP 711201 Road Transport Services
for Construction Materials
CMAP 711202 Road Transport Moving
Services
CMAP 711203 Other Services of
Specialized Cargo Transportation
CMAP 711204 General Trucking Services
CMAP 711311 Inter-City Busing Services
CMAP 711318 School and Tourist
Transportation Services (limited to
tourist transportation services).
TYPE OF RESERVATION: National Treatment (Article 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: State
LEGAL CITATION: Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos (United Mexican
States Political Constitution),
Art¡culo 32
State laws and its regulations
equivalent to Ley de V¡as Generales de
Comunicaci¢n (General Means of
Communication Law) [to be provided]
Libro Primero, T¡tulo Segundo,
Cap¡tulo II, Libro Primero, Cap¡tulo
III
DESCRIPTION: Cross-Border Services
In each state, a concession is
required to provide intrastate bus and
truck services on roads under the
jurisdiction of such state. Such
concession is provided on the basis of
economic needs tests.
Preferences in the granting of such
concessions by states is accorded to
natural persons born in such states
and enterprises constitued by persons
born in such states, including the
states of Michoac n, San Luis Potos¡,
Tamaulipas, Tlaxcala and Zacatecas.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Transportation
SUBÄSECTOR: Land Transportation
INDUSTRY CLASSIFICATION: CMAP 711201 Road Transport Services
for Construction Materials
CMAP 711202 Road Transport Moving
Services
CMAP 711203 Other Services of
Specialized Cargo Transportation
CMAP 711204 General Trucking Services
CMAP 711311 Inter-City Busing Services
CMAP 711318 School and Tourist
Transportation Services (limited to
tourist transportation services)
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley de V¡as Generales de Comunicaci¢n
(General Means of Communication Law),
and its regulations [to be provided]
Ley para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera, (Law to Promote General
Investment and to Regulate Foreign
Investment)
Memorandum de Entendimiento entre los
Estados Unidos Mexicanos y los Estados
Unidos de Norteam‚rica para la
promoci¢n de Servicios de Transporte
Tur¡stico de Ruta Fija, (Memorandum of
Understanding Between the United
States of America and the United
Mexican States on Facilitation of
Charter/Tour Bus Service)
Reglamento de la Ley para Promover la
Inversi¢n Mexicana y Regular la
Inversi¢n Extranjera, (Regulation of
the Law to Promote General Investment
and to Regulate Foreign Investment)
DESCRIPTION: Cross-Border Services
A permit issued by the Secretar¡a de
Comunicaciones y Transportes is
required to provide bus or truck
services for the transportation of
goods or passengers to or from the
territory of Mexico. Only Mexican
nationals and Mexican enterprises with
a foreigners' exclusion clause may
provide such services, except that a
person of Canada or the United States
may be granted permanent operating
authority to provide international
charter or tour bus services into the
territory of Mexico.
Only Mexican nationals, and Mexican
enterprises with a foreigners'
exclusion clause, using Mexican
registered equipment and drivers who
are Mexican nationals, may provide bus
and truck services for the
transportation of goods and passangers
between two points in the territory of
Mexico.
Investment
Foreign investment is not permitted in
an enterprise established or to be
established in Mexico engaged in bus
or truck transportation services as
described in the industry
classification mentioned above.
DURATION: Cross-Border Services
Description shall govern upon entry
into force of this Agreement.
A person of Canada or of the United
States will be permitted to provide:
(a) three years after signature of
this Agreement, cross-border
truck services to or from the
territory of border states (Baja
California, Sonora, Chihuahua,
Coahuila, Tamaulipas and Nuevo
Le¢n), and such person will be
permitted to enter and depart
Mexico through different ports of
entry in such states;
(b) three years after signature of
this Agreement, only Mexican
nationals and Mexican
enterprises, using
Mexican-registered equipment and
drivers who are Mexican
nationals, may provide bus and
truck services for the
transportation of goods and
passengers between two points in
the territory of Mexico.
(c) three years after entry into
force of this Agreement,
cross-border scheduled bus
services to or from the territory
of Mexico; and
(d) six years after entry into force
of this Agreement, cross-border
truck services to or from the
territory of Mexico.
Investment
With respect to enterprises
established or to be established in
Mexico providing such services,
investors of another Party may own:
(a) three years after signature of
this Agreement, up to 49 percent
of ownership of an enterprise
providing bus services, tourist
transportation services and truck
services for the transportation
of international cargo, between
points in the territory of
Mexico;
(b) seven years after entry into
force of this Agreement, up to 51
percent of the ownership interest
of an enterprise providing bus
services, tourist transportation
services or truck services for
the transportation of
international cargo, between
points in the territory of
Mexico; and
(c) ten years after entry into force
of this Agreement, up to 100
percent ownership interest of an
enterprise providing bus
services, tourist services and
truck services for the
transportation of international
cargo, between points in the
territory of Mexico.
Foreign ownership in enterprises
providing truck services for the
carriage of domestic cargo will not be
permitted. Indeterminate.
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Transportation
SUB-SECTOR: Land Transportation and Water Transportation
INDUSTRY CLASSIFICATION: CMAP 501421 Marine and River Works
CMAP 501422 Construction of Roads for
Land Transportation
TYPE OF RESERVATION: National Treatment (Article 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos, (Political
Constitution of the United Mexican
States) Art¡culo 32
Ley de V¡as Generales de Comunicaci¢n
(General Means of Communications Law)
Libro Primero, Cap¡tulos I, Libro
Segundo, Cap¡tulo I
DESCRIPTION: Cross-Border Services
A concession granted by the Secretar¡a
de Comunicaciones y Transportes is
required to construct and operate, or
operate, marine and river works and
roads for land transportation. Such
concession may be granted only to
Mexican nationals and Mexican
enterprises.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Transportation
SUBÄSECTOR: Non-energy pipelines
INDUSTRY CLASSIFICATION: Not applicable
TYPE OF RESERVATION: National Treatment (Article 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos (United Mexican
States Political Constitution)
Ley de V¡as Generales de Comunicaci¢n
(General Means of Communication Law),
Articles 8, 12 and 5
Ley Federal de Aguas(Waters Federal
Law)
DESCRIPTION: Cross-Border Services
A concession granted by the Secretar¡a
de Comunicaciones y Transportes is
required to construct and operate, or
operate, pipelines carrying non-energy
goods, excluding basic petrochemicals.
Only Mexican nationals and Mexican
enterprises may obtain such
concession.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Transportation
SUBÄSECTOR: Freight and Passenger Water Transportation
INDUSTRY CLASSIFICATION: CMAP 712011 International Maritime
Transportation Services
CMAP 712012 Cabotage Maritime Services
CMAP 712013 International and Cabotage
Towing Services
CMAP 712021 River and Lake
Transportation Services
CMAP 712022 Internal Port Water
Transportation Services
TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Most-Favored-Nation (Articles 1103, 1203)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley de V¡as Generales de Comunicaci¢n
(General Means of Communication Law),
Cap¡tulo III, Libro Tercero
Ley para el Desarrollo de la Marina
Mercante (Law for the Development of
the Merchant Navy), Cap¡tulos I y III
Ley de Navegaci¢n y Comercio Mar¡timos
(Navigation and Maritime Navigation
Law)
Libro Segundo, T¡tulo Unico, Cap¡tulos
I y IIILey Para Promover la Inversi¢n
Mexicana y Regular la Inversi¢n
Extranjera (Law to Promote Mexican
Investment and to Regulate Foreign
Investment)
DESCRIPTION: Cross-Border Services and Investment
Maritime cabotage services, including
off-shore maritime services, are
reserved to Mexican-flagged vessels. A
waiver may be granted by the
Secretar¡a de Comunicaciones y
Transportes when Mexican-flagged
vessels are not able to provide such
services.Only Mexican flagged vessels
may transport cargo owned by the
Federal Government.
Foreign-flagged vessels may provide
international maritime services in
Mexico on the basis of reciprocity
with the relevant country. Only
Mexican-flagged towing vessels may
provide towing services from Mexican
ports to foreign ports. When such
towing vessels are not able to provide
such services, the Secretar¡a de
Comunicaciones y Transporte may
provide a permit to foreign-flagged
towing vessels.Only a Mexican national
or a Mexican enterprise with a
foreigners' exclusion clause may own
vessels registered and flagged as
Mexican. All members of the board of
directors and managers of such
enterprise must be Mexican nationals.
Prior approval of the Comisi¢n
Nacional de Inversiones Extranjeras is
required for investors of another
Party or their investments, to own,
directly or indirectly, more the 49
percent of the ownership interest of
an enterprise established or to be
established in Mexico operating
foreign-flagged vessels providing
international maritime transport
services.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Transportation
SUB-SECTOR: Specialized Personnel
INDUSTRY CLASSIFICATION: CMAP 951012 Customs Brokers (Agentes
Aduanales)
TYPE OF RESERVATION: National Treatment (Article 1102)
LEGAL CITATION:
Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos (United Mexican
States Political Constitution)
Ley Aduanera (Customs Law)
DESCRIPTION: Investment
Only Mexican nationals by birth may
serve as customs brokers.
DURATION:
Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Transportation
SUBÄSECTOR: Water Transportation
INDUSTRY CLASSIFICATION: CMAP 1300 Fishing
TYPE OF RESERVATION: National Treatment (Article 1202)
Most-Favored-Nation (Article 1203)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos (United Mexican
Stated Political Constitution),
Art¡culo 32
Ley de Pesca (Fishing Law), Cap¡tulos
I y II
Ley de Navegaci¢n y Comercio Mar¡timo
(Navigation and Maritime Commerce Law)
Libro Segundo, T¡tulo Unico, Cap¡tulo
I
DESCRIPTION: Cross-Border Services
A concession granted, or permit
issued, by the Secretar¡a de Pesca is
required to engage in fishing
activities in Mexican jurisdictional
waters. Only Mexican nationals and
Mexican enterprises, using
Mexican-flagged vessels, may obtain
such concession or permit. Permits may
exceptionally be issued to persons
operating vessels flagged in a foreign
country that provides equivalent
treatment to Mexican-flagged vessels
to engage in fishing activities in the
Exclusive Economic Zone (EEZ).
Only Mexican nationals and Mexican
enterprises may obtain authorization
from the Secretar¡a de Pesca for deep
sea fishing on Mexican-flagged
vessels, fixed rigging installation,
recollection from the natural milieu
of larvae, post-larvae, eggs, seeds or
alevines, for research or acuaculture
purposes, introduction of live species
into Mexican jurisdictional waters,
and for educational fishing in
accordance with the programmes of the
fishing educational institutions.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Transportation
SUBÄSECTOR: Water Transportation
INDUSTRY CLASSIFICATION: CMAP 384201 Shipbuilding and Ship
Repairs
TYPE OF RESERVATION: National Treatment (Article 1202)
Local Presence (Article 1205)
Performance Requirement (Article 1106)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos (United Mexican
Stated Political Constitution),
Art¡culo 32
Ley de V¡as Generales de Comunicaci¢n
(General Means of Communication Law)
Cap¡tulo XV, Libro Tercero
Ley Para el Desarrollo de la Marina
Mercante (Law for the Development of
the Merchant Navy), Cap¡tulo IV
DESCRIPTION: Cross-Border Services and Investment
A concession granted by the Secretar¡a
de Comunicaciones y Transportes is
required to establish and operate a
shipyard. Only Mexican nationals and
Mexican enterprises may obtain such
concession.
For the owner of a Mexican-flagged
vessel to be eligible for government
cargo preferences, subsidies and tax
benefits granted under the Ley para el
Desarrollo de la Marina Mercante, such
person must carry out repair and
maintenance operations in shipyards
and repair facilities in Mexico.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Transportation
SUBÄSECTOR: Water Transportation
INDUSTRY CLASSIFICATION: CMAP 973203 Maritime and Inland (Lake
and Rivers) Ports Administration
TYPE OF RESERVATION: National Treatment (Article 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Ley de Navegaci¢n y Comercio Mar¡timo
(Navigation and Maritime Commerce
Law), Libro Segundo, Cap¡tulo II
Secciones A y B, T¡tulo Unico
Ley de V¡as Generales de Comunicaci¢n
(General Means of Communication Law),
Cap¡tulo XI
DESCRIPTION: Cross-Border Services
All port workers must be Mexican
nationals.
DURATION: Indeterminate
=============================================================================
ANNEX I
Schedule of Mexico
SECTOR: Transportation
SUBÄSECTOR: Water Transportation
INDUSTRY CLASSIFICATION: CMAP 973201 Loading and Unloading
Services Related to Water
Transportation (includes operation and
maintenance of docks; Loading and
unloading of vessels at shore-side;
marine cargo handling; operation and
maintenance of piers; ship and boat
cleaning; stevedoring; transfer of
cargo between ships and trucks,
trains, pipelines and wharfs;
waterfront terminal operations)
TYPE OF RESERVATION: National Treatment (Article 1102, 1202)
Local Presence (Article 1205)
LEVEL OF GOVERNMENT: Federal
LEGAL CITATION: Constituci¢n Pol¡tica de los Estados
Unidos Mexicanos (United Mexican
States Political Constitution),
Art¡culo 32
Ley de Navegaci¢n y Comercio Mar¡timo
(Navigation and Maritime Commerce
Law), Libro Primero, T¡tulo Unico,
Cap¡tulo I, Libro Segundo, T¡tulo
Segundo
Ley Org nica de la Administraci¢n
P£blica Federal (Federal Public
Administration Law)
Ley de V¡as Generales de Comunicaci¢n
(General Means of Communication Law)
Libro Tercero, Cap¡tulo II
Reglamento del Servicio de Maniobras
en las Zonas Federales de Puertos,
Articles 1, 2, 13 and 14
(Operation Services in the Federal
Port Zones Regulation), Libro Primero,
T¡tulo Unico, Cap¡tulo I, Libro
Segundo, T¡tulo Unico, Cap¡tulo II,
Secci¢n A y Libro Cuarto, T¡tulo Unico
Reglamento para el Uso y
Aprovechamiento del Mar Territorial,
V¡as Navegables, Playas, Zona Federal
Mar¡timo Terrestre y Terrenos Ganados
al Mar, (Regulation for the Use of the
Territorial Sea, Navigable Ways,
Beaches, Maritime and Terrestrial
Federal Zones)
DESCRIPTION: Cross-Border Services
A concession granted by the Secretar¡a
de Comunicaciones y Transportes is
required to construct and operate, or
operate, maritime and inland port
terminals, including dock, cranes and
related facilities. Only Mexican
nationals and Mexican enterprises may
obtain such concession.
A permit issued by the Secretar¡a de
Comunicaciones y Transportes is
required to provide stevedoring and
warehousing services. Only Mexican
nationals and Mexican enterprises may
obtain such permit.
Investment
Prior approval of the Comisi¢n
Nacional de Inversiones Extranjeras is
required for investors of another
Party or their investments to own
directly or indirectly, more than 49
percent of the ownership interest of
an enterprise established or to be
established in Mexico providing to
third persons the following services:
operation and maintenance of docks;
loading and unloading of vessels at
shore-side; marine cargo handling;
operation and maintenance of piers;
ship and boat cleaning; stevedoring;
transfer of cargo between ships and
trucks, trains, pipelines and wharves;
and waterfront terminal operations.
DURATION: Cross-Border Services
Indeterminate
Investment
Description shall govern upon entry
into force of this Agreement.
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