A comparison of existing services trade arrangements within APEC 287
17 A comparison of existing services trade
arrangements within APEC
Sherry Stephenson
INTRODUCTION
This chapter provides a review of the provisions relating to trade in services
in the five sub-regional agreements covering services within APEC. In
alphabetical order, these are the following:
• the ASEAN Framework Agreement on Services (1995);
• the Closer Economic Relations (CER) Agreement between Australia and
New Zealand (1989);
• the Free Trade Agreement between Chile and Canada (1997);
• the Free Trade Agreement between Chile and Mexico (1997); and
• the North American Free Trade Agreement (NAFTA) between Canada,
Mexico, and the United States (1994).
The chapter contains information on the general rules and disciplines contained
in these agreements set out against several pertinent elements and disciplines
characterising services agreements. Table A17.1 contains information on the
treatment of services in specific sectoral chapters within the above agreements,
where relevant. The information in both parts is set out in a comparative
format, to better facilitate comparison and analysis.
All of the agreements containing services provisions have the stated objective
of constituting a free trade area. These free trade agreements contain substantial
elements of integration and wide-ranging rules and disciplines covering many
areas, including services. Only the provisions on services, however, are being
examined in this chapter. The purpose of this chapter and the comparative
information it contains is to assist those interested in the approaches adopted
at the sub-regional level by various APEC members towards liberalising services
trade, and to draw out the common elements in existing agreements.
SUMMARY OF THE PROVISIONS
With respect to the provisions on services in the five sub-regional agreements,
a number of observations can be made.
288 Impediments to trade in services
All of the sub-regional agreements contain rules and disciplines covering
trade in services as well as provisions for the liberalisation of such trade.
However, the approach adopted by the various agreements towards
liberalisation of traded services differs, as does the depth and coverage of
the rules and disciplines governing such trade.
Four of the five agreements have adopted a negative-list approach towards
the liberalisation of trade in services. This means effectively that all traded
services transactions may take place freely, and services may be provided
without restrictions by foreign suppliers of services in the markets of other
members to the agreement, unless otherwise specified in lists of exemptions
or non-conforming measures, set out in annexes. Such lists may include
exemptions from most-favoured-nation (MFN) treatment, for the maintenance
of quantitative restrictions, or for discrimination in treatment as between
foreign and domestic suppliers of services. However, unless otherwise
specified, all services transactions are to be allowed without conditions or
restraints. This includes services provided through foreign direct investment,
where such investment is the object of rules and explicit investor guarantees.
This approach is followed by Australia and New Zealand in their CER protocol,
by Chile in its free trade agreements with Canada and Mexico, and by the
members of NAFTA.
In contrast, ASEAN members have opted for a positive-list approach to
liberalisation of trade in services, similar to that followed under the Uruguay
Round and now enshrined in the General Agreement on Trade in Services
(GATS) of the World Trade Organisation (WTO). Liberalisation under this
approach is carried out through the negotiation of specific commitments
which accompany a framework of rules and principles. Such liberalisation
applies, however, only to services activities that are listed in national schedules.
The commitments in such schedules are set out by sector and specified
according to the four defined modes of supply: cross border trade in services
(similar to trade in goods); the establishment of commercial presence
(corresponding to foreign direct investment); the movement of consumers
(e.g. tourists); or via the temporary presence of foreign providers (through
the movement of natural persons). Each specific commitment may also be
subject to qualification as to MFN treatment, market access or national
treatment.
The coverage of service sectors is comprehensive in the CER agreement
and NAFTA, as well as in the treaties signed by Chile with Canada and
Mexico. The CER agreement applies ‘subject to the foreign investment policies
of the Member States’, while for the other three agreements, the chapter on
trade in services relates specifically to cross-border trade, with a separate
chapter containing specific disciplines and guarantees for foreign direct
investment, such as the right of pre-establishment. The chapters on services
and on investment are to be read together in these agreements, as they
contain complementary disciplines. These three agreements do provide for
A comparison of existing services trade arrangements within APEC 289
the exclusion of air transport services (routing) and non-competitive
government services. Under the ASEAN framework agreement, all services
sectors are subject to the rules and disciplines, but only those sectors in
which members have made market-access commitments are included in the
scope of liberalisation. To date, ASEAN members have made commitments
in seven of the twelve sectors.
All of the sub-regional agreements on services within APEC provide for
MFN treatment and national treatment. In the case of the ASEAN framework
agreement, this is through reference to incorporation of the definitions and
other provisions of the GATS, in all areas where no other specific provisions
exist in the agreement. In the CER agreement, the NAFTA, and the Chilean
bilateral treaties, MFN and national treatment are set out as basic, unconditional
principles of the agreements, whereas under the ASEAN framework agreement,
the extension of national treatment to foreign suppliers of services is not
automatic, and applies only to those sectors included in the national schedules
of commitments, ‘subject to any conditions and qualifications set out therein’.
In the cases of the CER agreement, the NAFTA and the Chilean bilateral
treaties, the wording of the MFN and national treatment articles is framed not
in terms of ‘like services and service suppliers’, as under the GATS, but is
defined as treatment no less favourable than that accorded ‘in like
circumstances’ to its own services providers.
The possibility of non-conforming measures or lists of exemptions is found
in the four agreements having adopted a negative-list approach to services
liberalisation. All non-conforming measures or exemptions (i.e. those that
constitute restrictions to services trade) are to be set out in annexes to the
CER agreement, the NAFTA, and the Chilean bilateral free trade agreements.
The latter three treaties specify that this is to cover measures at the federal,
as well as the state or provincial and local levels. (However, this has not
been put into application under any of these agreements and non-conforming
measures actually found in the annexes are those at the federal level only).
Liberalisation undertaken since the CER agreement came into force has meant
that the list of exemptions has been reduced considerably over the past ten
years, just as the scope of liberalisation has widened. Parties to the other
three agreements have not as yet effected any changes to their lists of
exemptions.
There are no provisions specific to quantitative restrictions in the ASEAN
agreement on services or in the CER agreement. Specific provisions on
quantitative restrictions (both discriminatory and non-discriminatory) do exist
in the other three agreements. These provide for such restrictions to be set
out in specific annexes. All non-discriminatory quantitative restrictions are to
be the object of negotiation every two years, with a view to their liberalisation
or removal. There is no similar requirement for discriminatory quantitative
restrictions.
290 Impediments to trade in services
General requirements to ensure transparency are found in all of the subregional agreements. These include publication requirements, notification
requirements, and the obligation to establish a contact point or to otherwise
provide information on services. All parties to the various agreements are
required to publish all laws, regulations, procedures and administrative rulings
in their national markets pertaining to trade in services. However, only
proposed measures or changes to existing measures are to be the object of
notification to other parties. Four of the five agreements (i.e. not the ASEAN
agreement) also include a provision that, ‘to the extent possible’, would
allow interested parties to comment on any proposed measure that would
affect trade in services, before it is enacted as a law, regulation or administrative
ruling.
There is no article or provision in the sub-regional agreements under
examination that is equivalent to Article VI on Domestic Regulation in the
GATS (although the ASEAN agreement references this article de facto). There
are provisions, however, on licensing and certification that are narrower than
the broader scope of domestic regulation. These provisions require that
licensing and certification procedures do not constitute unnecessary or
disguised barriers to trade in services and are based on objective and
transparent criteria. The same article in all four agreements also covers
recognition (which is the object of a separate GATS article) and requires
parties to give equal opportunity to members of the agreement to demonstrate
that the qualifications of their services providers should be recognised on the
same footing as others. The NAFTA treaty and the Chilean bilateral treaties
go further, requiring that within two years of application of the agreements,
any citizenship or permanent residency requirements that are maintained for
the licensing or certification of professional service providers must be
eliminated. The ASEAN framework agreement contains a separate article on
mutual recognition that allows for the recognition of equivalency in educational
requirements or experience in the granting of licences or certifications.
All of the sub-regional agreements covering services contain an article on
monopolies. These provisions do not go further than monopoly practices,
however, and do not extend to the full range of restrictive business practices.
While this article is incorporated into the text of the services agreement itself
in cases of the ASEAN and CER agreements, in the NAFTA and in the Chilean
bilateral treaties with Canada and Mexico, such monopoly provisions form a
separate chapter applying to both goods and services. The purpose of such
provisions in all cases is to require that any monopoly supplier of services
does not affect the market-access interests of service suppliers of an
agreement’s other members. This means that service suppliers who are
monopolists should act solely in ‘accordance with commercial considerations’
in their activities as producers, buyers, or sellers of traded services.
The possibility for general safeguard action with respect to services is
found only in the ASEAN agreement (through reference to the provisions of
A comparison of existing services trade arrangements within APEC 291
GATS, where the possibility for such action is set out in Article X). Specific
criteria for the undertaking of safeguard action have yet to be elaborated,
however, in the WTO context. The CER protocol does not contain any
safeguard provision whatsoever, while the other three agreements (and the
ASEAN agreement as well), foresee the possibility of safeguard action in the
case of balance-of-payments difficulties. In such cases, members may adopt
measures that restrict financial transfers and payments. There is nothing in
these three agreements that specifies (as is the case under Article XII of the
GATS) that such restrictions must be carried out in a non-discriminatory
manner, or that they must be temporary in nature.
Exceptions to the scope of liberalisation are provided for in all of the
agreements, which conceive of these in a similar manner. Such exceptions
are explicitly mentioned as those necessary to protect consumers, essential
security interests, public morals, and health and safety. The CER agreement
is broader in its list of possible exceptions and also includes the possibility of
exceptions to prevent unfair, deceptive or misleading practices, and to secure
compliance with laws and regulations relating to customs enforcement, tax
avoidance or evasion, and foreign exchange control.
Future liberalisation of traded services also figures prominently in the five
agreements, but with different forms and degrees of commitment. Under the
ASEAN agreement, future liberalisation is to be a continuous process, carried
out through a series of negotiations aimed at expanding the schedules of
members’ national commitments. Under the CER protocol, members are to
try to liberalise the restrictions on services inscribed in the annexes, but no
specific process is provided for this. Under the NAFTA and the Chilean treaties,
a provision exists for the liberalisation of non-discriminatory quantitative
restrictions, through periodic negotiations. Beyond this provision, the Chile/
Mexico treaty goes even further to include a generally applicable requirement
for future negotiations on the liberalisation of service sectors, with a view to
achieving the elimination of the remaining restrictions.
Provisions for dispute settlement are present in all of the five agreements,
again in various forms and depth. The ASEAN agreement references its Protocol
on Dispute Settlement and states that a future mechanism for dealing with
disputes will be established under this protocol. The other four agreements
include provisions for consultations, and the NAFTA and Chilean bilateral
treaties with Canada and Mexico also include detailed provisions for the
establishment and functioning of a panel. In the latter three agreements,
such provisions are part of separate chapters on dispute settlement. NAFTA
has additional dispute settlement provisions for financial services, and the
Canada/Chile treaty contains provisions on dispute settlement in the chapter
on Temporary Entry for Business Persons.
The possibility for modification of schedules is found exclusively in the
ASEAN framework agreement, as this is the only sub-regional agreement
under which liberalisation is carried out on the basis of national schedules of
292 Impediments to trade in services
commitments, as discussed above. This provision allows ASEAN members to
modify or withdraw any commitment in their schedules at any time after
three years from the date on which the commitment entered into force,
under certain conditions. However, withdrawal of a commitment requires
compensatory adjustment, which must be made on an MFN basis to all other
members of the agreement.
Separate chapters setting out additional disciplines for specific service
sectors (i.e. financial services and transport) are contained in NAFTA, while
separate chapters on telecommunications and on the temporary entry of
business persons are found in NAFTA and in the agreements signed by Chile
with Canada and Mexico. Professional services are included in an annex to
these three agreements. Neither the ASEAN framework agreement nor the
CER agreement contains separate chapters on specific service sectors.
Table 17.1 outlines the general rules and disciplines of the five services
trade agreements that exist within APEC.
CONCLUSION
Two broad approaches to services liberalisation are evident in these five
sub-regional agreements that were entered into during the 1990s. One is
based on the GATS (that of ASEAN) and the other is based on the approach
first adopted in the CER and subsequently NAFTA (and the Chilean bilateral
treaties). The key to this distinction is based on whether the approach to
sectoral coverage is a negative (in the latter case) or positive-list approach.
Neither approach guarantees the full liberalisation of trade in services. In
fact, both may theoretically provide the same degree of liberalisation,
depending on the number of exemptions taken out on the NAFTA-type
arrangement or the number of sectors not included in the GATS-type
agreements. Also, neither type will necessarily specify a timeframe over which
the remaining impediments will be removed, although they may specify
commitments to further liberalisation.
It can be argued that there are significant benefits for the liberalisation
process from the agreements that adopted a negative-list approach. NAFTAtype agreements provide a great deal of information on barriers to trade,
whereas the GATS-type agreements provide less information of this type.
The documentation of non-conforming measures under the CER and NAFTAtype agreements draws attention to such restrictions, leads to analysis of
them and thus to greater appreciation of their costs. This sequence of events
is more likely to bring pressure upon governments and lead to changes in
policy. It could also be argued that this type of agreement leads to increased
stability of rules and provisions for services activities.
While these points suggest that the negative-list approach has some
advantages, comprehensiveness comes at a cost. A full negative list demands
a large amount of detail about the policy instruments applying to international
services transactions. If the costs of the documentation of policy are high,
A comparison of existing services trade arrangements within APEC 293
then an alternative is to tackle sectors in a specific order. If that approach is
adopted, some choices of which sectors to tackle first will have to be made.
These choices and the extent of commitments to be undertaken in chosen
sectors might be determined by the negotiating processes in the development
of the regional arrangements, or by the constraints imposed by the WTO on
regional arrangements in the service sector. On efficiency grounds, it may be
preferable to target highly protected areas first in a regional arrangement and
then extend those commitments globally. However, identification of the sectors
for priority treatment also requires substantial work of the type documented
in other chapters in this volume.
A further issue is the membership of regional arrangements. It might be
expected that a group of economies at a similar stage of development will
gain less from a regional arrangement than a group of more diverse economies.
This chapter has not reviewed the effects of various combinations of economies
at different stages of development. The extent of gains from sub-regional
reform, allowing for capital flows in the service sector, is an interesting
empirical issue for further modelling work.
NOTES
The work on which this chapter was based was prepared on behalf of the Pacific
Economic Cooperation Council (PECC) and presented to the September 1998 meeting of the APEC Group on Services. The author would like to acknowledge the
assistance of Soonwha Yi and Anne-Lise Georges in the preparation of this document.
1
Neither the ASEAN Framework Agreement on Services nor the CER Agreement
contain any chapters on specific service sectors.
Legal Name: AUSTRALIA NEW ZEALAND CLOSER ECONOMIC RELATIONS-TRADE AGREEMENT
Effect: 1 January 1989
Legal Name: CHILE-CANADA FREE TRADE AGREEMENT
Effect: 5 July 1997
Legal Name: FREE TRADE AGREEMENT BETWEEN CHILE AND MEXICO
Effect: 1 August 1999
Legal Name: NORTH AMERICAN FREE TRADE AGREEMENT
Effect: 1 January 1994
CER
CHILE/
CANADA
CHILE/
MEXICO
NAFTA
Article I: Objectives:
The objectives of the Member States under the ASEAN Framework Agreement on Services are: to enhance cooperation in
services amongst Member States in order to improve the efficiency and competitiveness, diversify capacity and supply
and distribution of services of their service suppliers within and outside ASEAN; to eliminate substantially restrictions to
trade in services amongst Member States; and to liberalise trade in services by expanding the depth and scope of
liberalisation beyond those undertaken by Member States under the GATS with the aim to realising a free trade area in
services.
Article 1: Objectives:
The objectives of the Member States in concluding this Protocol to the Agreement are: (a) to strengthen the relationship
between Australia and New Zealand; (b) to liberalise barriers to trade in services between the Member States; (c) to
improve the efficiency and competitiveness of their service industry sectors and expand trade in services between the
ASEAN
CER
II. Objectives
Legal Name: ASSOCIATION OF SOUTH EAST ASIAN NATIONS ASEAN FRAMEWORK AGREEMENT ON SERVICES
Effect: 15 December 1995
ASEAN
I. Legal name and date
Table 17.1 General provisions of the five treaties
PART I, Chapter A
Article A-02: Objectives:
The objectives of this Agreement, as elaborated more specifically through its principles and rules, including national
treatment, most-favoured-nation treatment and transparency, are to: a) eliminate barriers to trade in, and facilitate the
cross-border movement of, goods and services between the territories of the Parties; b) promote conditions of fair
competition in the free trade area; c) increase substantially investment opportunities in the territories of the Parties; d)
create effective procedures for the implementation and application of this Agreement, for its joint administration and for
the resolution of disputes; and e) establish a framework for further bilateral, regional and multilateral cooperation to
expand and enhance the benefits of this Agreement.
Article A-01 Establishment of the Free Trade Area
The Parties to this Agreement, consistent with Article XXIV of the General Agreement on Tariffs and Trade 1994 and
Article V of the General Agreement on Trade in Services which are part of the Marrakesh Agreement Establishing the
World Trade Organisation, hereby establish a free trade area.
Chapter 1, Article 1-02: Objectives:
The objectives of this Agreement, as elaborated more specifically through its principles and rules, including national
treatment, most-favoured-nation treatment and transparency, are to: (a) stimulate the expansion and diversification of
trade between the Parties; (b) eliminate barriers to trade in, and facilitate the cross-border movement of, goods and
services between the territories of the Parties; (c) promote conditions of fair competition in the free trade area; (d)
increase substantially investment opportunities in the territories of the Parties; (e) provide adequate and effective
protection and enforcement of intellectual property rights in each Party’s territory; (f) establish a framework for further
bilateral, regional and multilateral cooperation to expand and enhance the benefits of this Agreement; and (g) create
effective procedures for the implementation and application of this Agreement, for its joint administration and for the
resolution of disputes.
Article 1-01: Establishment of the Free Trade Area
The Parties to this Agreement, consistent with Article XXIV of the General Agreement on Tariffs and Trade of 1994,
Article V of the GATS, that are part of the WTO, and the 1980 Montevideo Treaty, hereby establish a free trade area.
Chapter 1, Article 102: Objectives:
The objectives of this Agreement, as elaborated more specifically through its principles and rules, including national
treatment, most-favoured-nation treatment and transparency, are to: (a) eliminate barriers to trade in, and facilitate the
CHILE/
CANADA
CHILE/
MEXICO
NAFTA
Member States; (d) to establish a framework of transparent rules to govern trade in services between the Member States;
and (e) to facilitate competition in trade in services.
ASEAN
A. Measures
Article IV: Negotiations of Specific Commitments:
Member States shall enter into negotiations on measures affecting trade in specific service sectors. Such negotiations shall
be directed towards achieving commitments under the GATS and for which Member States shall accord preferential
treatment to one another on a MFN basis. Each Member State shall set out in a schedule, the specific commitments it shall
undertake under above.
B. Bodies
Article XIV: Final Provision:
The Terms and definitions and other provisions of the GATS shall be referred to and applied to matters arising under this
Framework Agreement for which no specific provision had been made under it.
Relevant provision in GATS:
GATS: Part I, Scope and Definitions - Article 1
For the purposes of this Agreement: ‘measures by Members’ means measures taken by: central, regional or local
governments and authorities; and non-governmental bodies in the exercise of powers delegated by central, regional or
local governments or authorities; In fulfilling its obligations and commitments under the Agreement, each member shall
take such reasonable measures as may be available to it to ensure their observance by regional and local governments
and authorities and non-governmental bodies within its territory.
C. Exclusions to Coverage
Article XIV: Final Provision:
The Terms and definitions and other provisions of the GATS shall be referred to and applied to matters arising under this
III. Sectoral coverage
cross-border movement of, goods and services between the territories of the Parties; (b) promote conditions of fair
competition in the free trade area; (c) increase substantially investment opportunities in the territories of the Parties;
(d) provide adequate and effective protection and enforcement of intellectual property rights in each Party’s territory;
(e) create effective procedures for the implementation and application of this Agreement, for its joint administration and
for the resolution of disputes; and (f) establish a framework for further trilateral, regional and multilateral cooperation to
expand and enhance the benefits of this Agreement.
Article 101: Establishment of the Free Trade Area
The Parties to this Agreement, consistent with Article XXIV of the General Agreement on Tariffs and Trade, hereby
establish a free trade area.
Table 17.1 (continued)
A. Measures
Article 2: Scope of Protocol:
This Protocol shall apply to the provision of services in the Free Trade Area referred to in Article 2 of the Agreement. The
provisions of this Protocol shall apply subject to the foreign investment policies of the Member States. This Protocol shall
apply to any measure, in existence or proposed, of a Member State that relates to or affects the provision of a service by
or on behalf of a person of the other Member State within or into the territory of the first Member State.
B. Bodies Not specified
C. Exclusions to Coverage
Article 2: Scope of Protocol:
Except as otherwise provided in particular Articles, this Protocol shall not apply to the provision within or into the
territory of one Member State of the services inscribed by that Member State in the Annex until such time as such services
inscribed by it have been removed from the Annex in accordance with Article 10 of this Protocol.
A. Measures
PART III, Chapter H, Article H-01
Measures adopted or maintained by a Party relating to cross-border trade in services by service providers of the other
Party, including measures respecting:
a) the production, distribution, marketing, sale and delivery of a service; b) the purchase or use of, or payment for, a
service; c) the access to and use of distribution and transportation systems in connection with the provision of a service;
d) the presence in its territory of a service provider of another Party; and e) the provision of a bond or other form of
financial security as a condition for the provision of a service.
B. Bodies
Article H-12: Definitions
For purposes of this Chapter, a reference to a national or provincial government includes any non-governmental body in
the exercise of any regulatory, administrative or other governmental authority delegated to it by that government.
C. Exclusions to Coverage
PART III, Chapter H, Article H-01
Excluded from the Agreement: air services, including domestic and international air transportation services, whether
CER
CHILE/
CANADA
Framework Agreement for which no specific provision had been made under it.
Relevant provision in GATS:
GATS: Part I, scope and Definitions- Article 1
‘services’ include any service in any sector except services supplied in the exercise of governmental authority.
A. Measures
Chapter 10: Article 10-02: Scope of Application:
Measures adopted or maintained by a Party relating to cross-border trade in services by service providers of the other
Party, including measures respecting: (a) the production, distribution, marketing, sale and delivery of a service; (b) the
purchase or use of, or payment for, a service; (c) the access to and use of distribution and transportation systems in
connection with the provision of a service; (d) the presence in its territory of a service provider of the other Party; and (e)
the provision of a bond or other form of financial security as a condition for the provision of a service.
B. Bodies
Chapter 10, Article 10-02: Scope of Application:
Measures by a Party are measures adopted or maintained by: national, federal or state governments ; and nongovernmental organisations exercising regulatory faculties, administrative, or other governmental characters delegated by
national, federal or state governments.
C. Exclusions to Coverage
Chapter 10: Article 10-02: Scope of Application:
Excluded from the Agreement: air services, including domestic and international air transportation services, whether
scheduled or non-scheduled, and related services in support of air services, other than (i) aircraft repair and maintenance
services during which an aircraft is withdrawn from service, and (ii) speciality air services; (iii) computerised system of
reservation; subsidies or grants provided by a Party or by a state enterprise, including government-supported loans,
guarantees and insurance; government services.
A. Measures
Chapter 12, Article 1201: Scope and Coverage
Measures adopted or maintained by a Party relating to cross-border trade in services by service providers of another Party,
including measures respecting: (a) the production, distribution, marketing, sale and delivery of a service; (b) the purchase
or use of, or payment for, a service; (c) the access to and use of distribution and transportation systems in connection
with the provision of a service; (d) the presence in its territory of a service provider of another Party; and (e) the
provision of a bond or other form of financial security as a condition for the provision of a service.
B. Bodies
CHILE/
MEXICO
NAFTA
scheduled or non-scheduled, and related services in support of air services, other than (i) aircraft repair and maintenance
services during which an aircraft is withdrawn from service, and (ii) speciality air services; subsidies or grants provided by
a Party or by a state enterprise, including government-supported loans, guarantees and insurance.
Table 17.1 (continued)
Article XIV: Final Provision:
The Terms and definitions and other provisions of the GATS shall be referred to and applied to matters arising under this
Framework Agreement for which no specific provision had been made under it.
GATS: Definitions contained in Article XXVIII.
Article 3: Definitions:
Provision of services includes: (a) the production, distribution, marketing, sale and delivery of a service; and (b) for the
purpose of the activities referred to in the previous sub-paragraph of this paragraph: (i) access to and use of domestic
distribution systems; and (ii) rights of establishment.
Measure includes any law, regulation, or administrative practice.
Article 3: Definitions:
Person of a Member State means: (a) a natural person who is a citizen of, or ordinarily resident in, that State; (b) a body
corporate established under the law of that State; (c) an association comprising or controlled by: (i) persons described in
one or both of sub-paragraphs (a) or (b); or (ii) persons described in one or both of sub-paragraphs (a) or (b) and
persons so described in relation to the other Member State.
Chapter H, Article H-12
Cross-border trade in services is defined as provision of a service: a) from the territory of one Party into the territory of the
other Party; b) in the territory of one Party by a person of that Party to a person of the other Party; c) by a national of one
Party in the territory of the other Party; but does not include the provision of a service in the territory of a Party by an
investment, as defined in Article G-40 (Investment - Definitions), in that territory.
ASEAN
CER
CHILE/
CANADA
IV. Definitions
Article 1213: Definitions
For purposes of this Chapter, a reference to a federal, state or provincial government includes any non-governmental
body in the exercise of any regulatory, administrative or other governmental authority delegated to it by that government.
C. Exclusions to Coverage
Chapter 12, Article 1201: Scope and Coverage
Excluded from the Agreement: air services, including domestic and international air transportation services, whether
scheduled or non-scheduled, and related services in support of air services, other than (i) aircraft repair and maintenance
services during which an aircraft is withdrawn from service, and (ii) speciality air services; subsidies or grants provided by
a Party or by a state enterprise, including government-supported loans, guarantees and insurance.
Chapter 12, Article 1213: Definitions
Cross-border provision of a service or cross-border trade in services means the provision of a service: (a) from the
territory of a Party into the territory of another Party, (b) in the territory of a Party by a person of that Party to a person
of another Party, or (c) by a national of a Party in the territory of another Party.
Cross-border provision of a service or cross-border trade in services does not include the provision of a service in the
territory by an investment, as defined in Article 1139 (Investment - Definitions), in that territory, which is set out in
Chapter 11 on Investment.
NAFTA
Article XIV: Final Provision:
The terms and definitions and other provisions of the GATS shall be referred to and applied to matters arising under this
Framework Agreement for which no specific provision has been made under it.
Relevant provision in GATS:
PART II, Article II - Most-Favoured-Nation Treatment
Each Member shall accord immediately and unconditionally to services and service suppliers of any other Member,
treatment no less favourable than that it accord to like services and service suppliers of any other country.
A Member may maintain a measure inconsistent with paragraph 1 provided that such measure is listed in, and meets the
conditions of, the Annex on Article II Exemptions.
The provisions of this Agreement shall not be so construed as to prevent any Member from conferring or according
advantages to adjacent countries in order to facilitate exchanges limited to contiguous frontier zones of services that are
both locally produced and consumed.
Article 6: Most-Favoured-Nation Treatment:
In relation to the provision of services inscribed by it in the Annex, each Member State shall accord to persons of the
other Member State and services provided by them treatment no less favourable than that accorded in like circumstances
to persons of third states.
ASEAN
CER
V. Most-favoured-nation treatment
Chapter 10: Article 10-01: Definitions:
Cross-border trade in services is defined as provision of a service: a) from the territory of one Party into the territory of the
other Party; b) in the territory of one Party by a person of that Party to a person of the other Party; or c) by a national of
one Party in the territory of the other Party, but does not include the provision of a service in the territory of a Party by an
investment, as defined in Article 9-01 (Investment-Definitions), in that territory.
CHILE/
MEXICO
Table 17.1 (continued)
Chapter 10, Article 10-04: Most-Favoured-Nation Treatment
Each Party shall accord to service providers of the other Party treatment no less favourable than that it accords, in like
circumstances, to service providers of any non-Party.
Chapter 12, Article 1203: Most-Favoured-Nation Treatment
Each Party shall accord to service providers of another Party treatment no less favourable than that it accords, in like
circumstances, to service providers of any other Party or of a non-Party.
CHILE/
MEXICO
NAFTA
Article XIV: Final Provision:
The terms and definitions and other provisions of the GATS shall be referred to and applied to matters arising under this
Framework Agreement for which no specific provision has been made under it.
Relevant provision in GATS:
PART III, Article XVII - National Treatment
In the sectors inscribed in its schedule, and subject to any conditions and qualifications set out therein, each Member shall
accord to services and service suppliers of any other Member, in respect of all measures affecting the supply of services,
treatment no less favourable than that it accords to its own like services and service suppliers.
A Member may meet the requirement of paragraph 1 by according to services and service suppliers of any other Member,
either formally identical treatment or formally different treatment to that it accords to its own like services and service
suppliers.
Formally identical or formally different treatment shall be considered to be less favourable if it modifies the conditions of
competition in favour of services or service suppliers of the Member compared to like services or services suppliers of
any other Member.
Article 5: National Treatment:
Each Member State shall accord to persons of the other Member State and services provided by them treatment no less
favourable than that accorded in like circumstances to its persons and services provided by them.
Notwithstanding paragraph 1 of this Article, the treatment a Member State accords to persons of the other Member State
ASEAN
CER
VI. National treatment
Chapter H, Article H-03:
Each Party shall accord to service providers of the other Party treatment no less favourable than that it accords, in like
circumstances, to service providers of any non-Party.
CHILE/
CANADA
Chapter 10, Article 10-03: National Treatment
Each Party shall accord to service providers of the other Party treatment no less favourable than that it accords, in like
circumstances, to its own service providers.
The treatment accorded by a Party under the paragraph above means, with respect to a province, treatment no less
favourable than the most favourable treatment accorded, in like circumstances, by that province to service providers of
the Party of which it forms part.
Chapter 12, Article 1202: National Treatment
Each Party shall accord to service providers of another Party treatment no less favourable than that it accords, in like
circumstances, to its own service providers.
The treatment accorded by a Party under the paragraph above means, with respect to a state or province, treatment no
less favourable than the most favourable treatment accorded, in like circumstances, by that state or province to service
providers of the Party of which it forms part.
CHILE/
MEXICO
NAFTA
Not specified.
Article 17: Inclusions in the Annex until March 31 1989
ASEAN
CER
VII. Treatment of non-conforming measures
Chapter H, Article H-02: National Treatment
Each Party shall accord to service providers of the other Party treatment no less favourable than that it accords, in like
circumstances, to its own service providers.
The treatment accorded by a Party under the paragraph above means, with respect to a province, treatment no less
favourable than the most favourable treatment accorded, in like circumstances, by that province to service providers of
the Party of which it forms part.
CHILE/
CANADA
may be different from the treatment the Member State accords to its persons, provided that: (a) the difference in treatment
is no greater than that necessary for prudential, fiduciary, health and safety or consumer protection reasons; and (b) such
different treatment is equivalent in effect to the treatment accorded by the Member State to its ordinary residents for such
reasons.
The Member State proposing or according different treatment under paragraph 2 of this Article shall have the burden
of establishing that such treatment is consistent with that paragraph.
Table 17.1 (continued)
Chapter H, Article H-06: Reservations
Articles H-02 (National Treatment), H-03 (MFN Treatment) and H-05 (Local Presence) do not apply to: (a) any existing
non-conforming measure that is maintained by (i) a Party at the national or provincial level, as set out in its Schedule to
Annex I, or (ii) a local government; (b) the continuation or prompt renewal of any non-conforming measure referred to in
(a); or (c) an amendment to any non-conforming measure referred to in (a) to the extent that the amendment does not
decrease the conformity of the measure, as it existed immediately before the amendment, with Articles H-02, H-03 and H05.
Articles H-02, H-03 and H-05 do not apply to any measure that a Party adopts or maintains with respect to sectors,
subsectors or activities, as set out in its Schedule to Annex II.
Chapter 10, Article 10-07: Reservations
Articles 10-03 (National Treatment), 10-04 (MFN Treatment), and 10-06 (Local Presence) do not apply to: (a) any existing
non-conforming measure that is maintained by (i) a Party at the national, federal, or state level, as set out in its Schedule
to Annex I, or (ii) a local government; (b) the continuation or prompt renewal of any non-conforming measure referred to
in (a); or (c) an amendment to any non-conforming measure referred to in (a) to the extent that the amendment does not
decrease the conformity of the measure, as it existed immediately before the amendment, with Articles 10-03, 10-04 and
10-06.
Articles 10-03, 10-04 and 10-06 do not apply to any measure that a Party adopts or maintains with respect to sectors,
subsectors or activities, as set out in its Schedule to Annex II.
Chapter 12, Article 1206: Reservations
Articles 1202 (National Treatment), 1203 (MFN Treatment) and 1205 (Local Presence) do not apply to: (a) any existing
non-conforming measure that is maintained by (i) a Party at the federal level, as set out in its Schedule to Annex I, (ii) a
state or province, for two years after the date of entry into force of this Agreement, and thereafter as set out by a Party in
its Schedule to Annex I in accordance with par. 2, or (iii) a local government; (b) the continuation or prompt renewal of
any non-conforming measure referred to in (a); or (c) an amendment to any non-conforming measure referred to in (a) to
the extent that the amendment does not decrease the conformity of the measure, as it existed immediately before the
amendment, with Articles 1202, 1203 and 1205.
Each Party may set out in its Schedule to Annex I, within two years of the date of entry into force of this Agreement,
any existing non-conforming measure maintained by a state or province, not including a local government.
CHILE/
CANADA
CHILE/
MEXICO
NAFTA
A Member State may inscribe a service in the Annex until March 31 1989. Before doing so, it shall provide written reasons
for the proposed inscription to the other Member State and undertake consultations with a view to establishing whether
any problems arising from the non-inscription of a service would be resolved by other means.
Not Specified
Not Specified
Chapter H, Article H-12: Definitions
Quantitative restriction means a non-discriminatory measure that imposes limitations on: (a) the number of service
providers, whether in the form of a quota, a monopoly or an economic needs test, or by any other quantitative means; or
(b) the operations of any service provider, whether in the form of a quota or an economic needs test, or by any other
quantitative means.
Chapter H, Article H-07: Quantitative Restrictions
Each Party shall set out in its Schedule to Annex IV any quantitative restriction that it maintains at the national or
provincial level.
Each Party shall notify the other Party of any quantitative restriction that it adopts, other than at the local government
level, after the date of entry into force of this Agreement and shall set out the restriction in its Schedule to Annex IV.
The Parties shall periodically, but in any event at least every two years, endeavour to negotiate the liberalisation or
removal of the quantitative restrictions set out in Annex IV pursuant to paragraphs 1 and 2.
Chapter 10, Article 10-01 Definitions
Quantitative restrictions: a non-discriminatory measure that imposes limitations on: (a) the number of service providers,
whether in the form of a quota, a monopoly or an economic needs test, or by any other quantitative means; or (b) the
operations of any service provider, whether in the form of a quota or an economic needs test, or by any other quantitative
means.
Article 10-08: Quantitative Restrictions
1. Each Party shall set out in its Schedule to Annex V any quantitative restriction that it maintains at the national, federal,
or state level.
2. Each Party shall notify the other Party of any quantitative restriction that it adopts, other than at the local government
level, after the date of entry into force of this Agreement and shall set out the restriction in its Schedule to Annex V.
3. The Parties shall periodically, but at least every two years, endeavour to negotiate the liberalisation or removal of the
quantitative restrictions set out in Annex V pursuant to paragraphs 1 and 2.
ASEAN
CER
CHILE/
CANADA
CHILE/
MEXICO
VIII. Quantitative restrictions
Articles 1202, 1203 and 1205 do not apply to any measure that a Party adopts or maintains with respect to sectors,
subsectors or activities, as set out in its Schedule to Annex II.
Table 17.1 (continued)
Article 1213: Definitions
Quantitative restriction means a non-discriminatory measure that imposes limitations on: (a) the number of service
providers, whether in the form of a quota, a monopoly or an economic needs test, or by any other quantitative means; or
(b) the operations of any service provider, whether in the form of a quota or an economic needs test, or by any other
quantitative means.
Article 1207: Quantitative Restrictions
Each Party shall set out in its Schedule to Annex V any quantitative restriction that it maintains at the federal level.
Within one year of the date of entry into force of this Agreement, each Party shall set out in its Schedule to Annex V any
quantitative restriction maintained by a state or province, not including a local government.
Each Party shall notify the other Parties of any quantitative restriction that it adopts, other than at the local government
level, after the date of entry into force of this Agreement and shall set out the restriction in its Schedule to Annex V.
The Parties shall periodically, but in any event at least every two years, endeavour to negotiate the liberalisation or
removal of the quantitative restrictions set out in Annex V pursuant to paragraphs 1 through 3.
ASEAN
A. Publication
Article XIV: Final Provision
The terms and definitions and other provisions of the GATS shall be referred to and applied to matters arising under this
Framework Agreement for which no specific provision has been made under it.
Relevant provision in GATS:
Article III - Transparency
Each Member shall publish promptly all relevant measures of general application, which pertain to or affect the operation
of the General Agreement on Trade in Services (GATS).
B. Notification requirements
Article XIV: Final Provision
The terms and definitions and other provisions of the GATS shall be referred to and applied to matters arising under this
Framework Agreement for which no specific provision has been made under it.
Relevant provision in GATS:
Article III - Transparency
Each Member shall promptly and at least annually inform the Council for Trade in Services of the introduction of any
new, or any changes to existing, laws, regulations or administrative guidelines which significantly affect trade in services
covered by its specific commitments under the GATS.
C. Contact Points
IX. Transparency requirements
NAFTA
A. Publication
Article 13: Transparency
Each Member State shall make public promptly all laws, regulations, judicial decisions and administrative rulings
pertaining to trade in services.
Each Member State shall, to the extent possible, provide maximum possible opportunity for comment by interested parties
on proposed laws, regulations, procedures and administrative rulings affecting trade in services.
B. Notification requirements
Article 16: Notification
A Member State shall provide written notice to the other of any proposed or actual measure that it considers might
materially affect the operation of this Protocol. The notice shall include the reasons for the measure.
The written notice shall be given as far in advance as possible of implementation of the measure. If prior notice is not
possible, the Member State implementing the measure shall provide written notice to the other Member State as soon as
possible after implementation.
C. Contact Points
Article 16: Notification
Upon request of the other Member State, information and response to questions pertaining to any actual or proposed
measure, whether or not previously notified, shall be promptly provided.
A. Publication
Chapter L, Article L-02: Publication
Each Party shall ensure its laws, regulations, procedures and administrative rulings of general application respecting any
CER
CHILE/
CANADA
Article XIV: Final Provision:
The terms and definitions and other provisions of the GATS shall be referred to and applied to matters arising under this
Framework Agreement for which no specific provision has been made under it.
Relevant provision in GATS:
Article III - Transparency
Each Member shall respond promptly to all requests for specific information.
Each Member shall also establish one or more enquiry points to provide specific information to other Members.
Such enquiry points shall be established within two years from the entry into force of the Agreement Establishing the
WTO.
Appropriate flexibility with respect to the time-limit within which such enquiry points are to be established may be agreed
upon for individual developing countries.
Table 17.1 (continued)
CHILE/
MEXICO
A. Publication
Chapter 16, Article 16-02: Publication:
Each Party shall ensure its laws, regulations, procedures and administrative rulings of general application respecting any
matter covered by this Agreement are promptly published or otherwise made available in such a manner as to enable
interested persons and the other Party to become acquainted with them.
To the extent possible, each Party shall: (a) publish in advance any such measure that it proposes to adopt; and (b)
provide interested persons and the other Party a reasonable opportunity to comment on such proposed measures.
B. Notification requirements
Chapter 10, Article 10-11: Procedures
The Parties shall establish procedures for: (a) a Party to notify and include in its relevant Schedule: (i) commitments
pursuant to Article 10-10, (ii) amendments of measures referred to in Article 10-07 (1) and (2), and (iii) quantitative
matter covered by this Agreement are promptly published or otherwise made available in such a manner as to enable
interested persons and the other Party to become acquainted with them.
To the extent possible, each Party shall: (a) publish in advance any such measure that it proposes to adopt; and (b)
provide interested persons and the other Party a reasonable opportunity to comment on such proposed measures.
B. Notification requirements
Chapter H, Article H-09: Procedures
The Commission shall establish procedures for:
(a) a Party to notify and include in its relevant Schedule: (i) quantitative restrictions in accordance with Article H-07(2), (ii)
commitments pursuant to Article H-08, and (iii) amendments of measures referred to in Article H-06(1)(c); and (b)
consultations on reservations, quantitative restrictions or commitments with a view to further liberalisation.
Article H-07: Quantitative Restrictions
Each Party shall notify the other Party of any quantitative restriction that it adopts, other than at the local government
level, after the date of entry into force of this Agreement and shall set out the restriction in its Schedule to Annex IV.
Chapter L, Article L-03: Notification and Provisions of Information
To the maximum extent possible, each Party shall notify the other Party of any proposed or actual measures that the Party
considers might materially affect the operation of this Agreement or otherwise substantially affect the other Party’s
interests under this Agreement.
C. Contact Points
Part VII, Chapter L, Article L-01:
Each Party shall designate a contact point to facilitate communications between the Parties on any matter covered by this
Agreement.
NAFTA
A. Publication
PART SEVEN, ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS; Chapter 18: Publication, Notification and
Administration of Laws
Article 1802: Publication
Each Party shall ensure that its laws, regulations, procedures and administrative rulings of general application respecting
any matters covered by this Agreement are promptly published or otherwise made available in such a manner as to
enable interested persons and Parties to become acquainted with them.
To the extent possible, each Party shall: (a) publish in advance any such measure that it proposes to adopt; and (b)
provide interested persons and Parties a reasonable opportunity to comment on such proposed measures.
B. Notification requirements
Chapter 12: Cross-Border Trade in Services, Article 1209: Procedures
The Commission shall establish procedures for a Party to notify and include in its relevant Schedule: (i) state or provincial
measures in accordance with Article 1206(2) (Reservations); (ii) quantitative restrictions in accordance with Article 1207(2)
& (3) (Quantitative Restrictions); (iii) commitments pursuant to Article 1208 (Liberalisation of Non-Discriminatory
Measures); and (iv) amendments of measures referred to in Article 1206(1)(c).
Article 1207: Quantitative Restrictions
Each Party shall notify the other Parties of any quantitative restriction that it adopts, other than at the local government
level, after the date of entry into force of this Agreement and shall set out the restriction in its Schedule to Annex V.
Article 1803: Notification and Provision of Information
restrictions in accordance with Article 10-08; and (b) consultations on reservations, quantitative restrictions or
commitments with a view to further liberalisation.
Article 10-08: Quantitative Restrictions
Each Party shall notify the other Parties of any quantitative restriction that it adopts after the date of entry into force of this
Agreement and shall set out the restriction in its Schedule to Annex V.
Chapter 16, Article 16-04: Notification and Provisions of Information:
To the maximum extent possible, each Party shall notify the other Party of any proposed or actual measures that the Party
considers might materially affect the operation of this Agreement or otherwise substantially affect the other Party’s
interests under this Agreement.
C. Contact Points
Chapter 16, Article 16-02: Information Centre:
Each Party shall designate a contact point to facilitate communications between the Parties on any matter covered by this
Agreement.
Table 17.1 (continued)
Article XIV: Final Provision:
The terms and definitions and other provisions of the GATS shall be referred to and applied to matters arising under this
Framework Agreement for which no specific provision has been made under it.
Relevant provision in GATS:
Article VI: Domestic Regulation
Paragraph 4
With a view to ensuring that measures relating to qualification requirements and procedures, technical standards and
licensing requirements do not constitute unnecessary barriers to trade in services, the Council for Trade in Services shall,
through appropriate bodies it may establish, develop any necessary disciplines. Such disciplines shall aim to ensure that
such requirements are, inter alia: based on objective and transparent criteria, such as competence and the ability to
supply the service; not more burdensome than necessary to ensure the quality of the service; in the case of licensing
procedures, not in themselves a restriction on the supply of the service.
Article 9: Licensing and Certification
Paragraph 1
Each Member State shall endeavour to ensure that licensing and certification measures shall not have the purpose or effect
of impairing or restraining, in a discriminatory manner, access of persons of the other Member State to such licensing or
certification.
ASEAN
CER
X. Licensing and certification
To the maximum extent possible, each Party shall notify any other Party with an interest in the matter of any proposed or
actual measure that the Party considers might materially affect the operation of this Agreement or otherwise substantially
affect that other Party’s interests under this Agreement.
On request of another Party, a Party shall promptly provide information and respond to questions pertaining to any actual
or proposed measure, whether or not that other Party has been previously notified of that measure.
C. Contact Points
PART SEVEN: ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS; Chapter 18: Publication, Notification and
Administration of Laws
Article 1801: Contact Points
Each Party shall designate a contact point to facilitate communications between the Parties on any matter covered by this
Agreement. On the request of another Party, the contact point shall identify the office or official responsible for the matter
and assist, as necessary, in facilitating communication with the requesting Party.
Chapter 10, Article 10-12: Licensing and Certification
With a view to ensuring that any measure adopted or maintained by a Party related to the licensing or certification of
nationals of the other Party does not constitute an unnecessary barrier to trade, each Party shall endeavour to ensure that
any such measure: (a) is based on objective and transparent criteria, such as competence and the ability to provide a
service; (b) is not more burdensome than necessary to ensure the quality of a service; and (c) does not constitute a
disguised restriction on the cross-border provision of a service.
Chapter 12, Article 1210: Licensing and Certification
With a view to ensuring that any measure adopted or maintained by a Party related to the licensing or certification of
nationals of another Party does not constitute an unnecessary barrier to trade, each Party shall endeavour to ensure that
any such measure: (a) is based on objective and transparent criteria, such as competence and the ability to provide a
service; (b) is not more burdensome than necessary to ensure the quality of a service; and (c) does not constitute a
disguised restriction on the cross-border provision of a service.
CHILE/
MEXICO
NAFTA
Article V: Mutual Recognition:
Each Member State may recognise the education or experience obtained, requirements met, or licenses or certifications
granted in another Member State, for the purpose of licensing or certification of service suppliers. Such recognition may
be based upon an Agreement or arrangement with the Member State concerned or may be accorded autonomously.
Nothing in the paragraph above shall be so construed as to require any Member State to accept or to enter into such
mutual recognition agreements or arrangements.
Article 9: Licensing and Certification:
Paragraph 2
Each Member State shall encourage the recognition of the qualifications obtained in the other Member State, for the
purpose of licensing and certification requirements for the provision of services.
ASEAN
CER
XI. Recognition
Chapter H, Article H-10: Licensing and Certification
With a view to ensuring that any measure adopted or maintained by a Party related to the licensing or certification of
nationals of another Party does not constitute an unnecessary barrier to trade, each Party shall endeavour to ensure that
any such measure: (a) is based on objective and transparent criteria, such as competence and the ability to provide a
service; (b) is not more burdensome than necessary to ensure the quality of a service; and (c) does not constitute a
disguised restriction on the cross-border provision of a service.
CHILE/
CANADA
Table 17.1 (continued)
Chapter H, Article H-10:
Where a Party recognises, unilaterally or by agreement, education, experience, licenses or certifications obtained in the
territory of a non-Party: nothing in Article H-03 shall be construed to require the Party to accord such recognition to
education, experience, licenses or certifications obtained in the territory of the other Party; and the Party shall afford the
other Party an adequate opportunity to demonstrate that education, experience, licenses or certifications obtained in the
other Party’s territory should also be recognised or to conclude an agreement or arrangement of comparable effect.
Each Party shall, within two years of the date of entry into force of this Agreement, eliminate any citizenship or
permanent residency requirement set out in its Schedule top Annex I that it maintains for the licensing or certification of
professional service providers of the other Party. Where a Party does not comply with this obligation with respect to a
particular sector, the other Party may, in the same sector and for such period as the non-complying Party maintains its
requirement, solely have recourse to maintaining an equivalent requirement set out in its Schedule to Annex I or
reinstating: a) any such requirement at the national level that it eliminated pursuant to this Article; or b) on notification to
the non-complying Party, any such requirement at the provincial level existing on the date of entry into force of this
Agreement.
Chapter 10, Article 10-12: Accordance of Licensing and Certifications:
Where a Party recognises, unilaterally or by agreement, education, experience, licenses or certifications obtained in the
territory of a non-Party: nothing in Article 10-04 shall be construed to require the Party to accord such recognition to
education, experience, licenses or certifications obtained in the territory of the other Party; and the Party shall afford the
other Party an adequate opportunity to demonstrate that education, experience, licenses or certifications obtained in the
other Party’s territory should also be recognised or to conclude an agreement or arrangement of comparable effect.
Each Party shall, within two years of the date of entry into force of this Agreement, eliminate any citizenship or
permanent residency requirement set out in its Schedule top Annex I that it maintains for the licensing or certification of
professional service providers of the other Party. Where a Party does not comply with this obligation with respect to a
particular sector, the other Party may, in the same sector and for such period as the non-complying Party maintains its
requirement, solely have recourse to adopting or maintaining an equivalent requirement
Chapter 12, Article 1210: Licensing and Certification
Where a Party recognises, unilaterally or by agreement, education, experience, licenses or certifications obtained in
the territory of another Party or of a non-Party: (a) nothing in Article 1203 (MFN Treatment) shall be construed to require
the Party to accord such recognition to education, experience, licenses or certifications obtained in the territory of another
Party; and (b) the Party shall afford another Party an adequate opportunity to demonstrate that education, experience,
licenses or certifications obtained in that other Party’s territory should also be recognised or to conclude an agreement or
arrangement of comparable effect.
CHILE/
CANADA
MEXICO/
CHILE
NAFTA
Article XIV: Final Provision:
The terms and definitions and other provisions of the GATS shall be referred to and applied to matters arising under this
Framework Agreement for which no specific provision has been made under it.
Relevant provision in GATS:
PART II, Article VIII - Monopolies and Exclusive Service Suppliers
Each Member shall ensure that any monopoly supplier of a service in its territory does not, in the supply of the monopoly
service in the relevant market, act in a manner inconsistent with that Member’s obligations under Article II (MFN
Treatment) and specific commitments.
The Council for Trade in Services may, at the request of a Member which has a reason to believe that a monopoly
supplier of a service of any other Member is acting in a manner inconsistent with this Member’s specific commitments or
with paragraph above, request the Member establishing, maintaining or authorising such supplier to provide specific
information concerning the relevant operations.
If, after the entry into force of the Agreement Establishing the WTO, a Member grants monopoly rights regarding the
supply of a service covered by its specific commitments, that Member shall make such notification to the Council for
Trade in Services no later than three months before the intended implementation of the grant of monopoly rights.
The provisions of this Article shall also apply to cases of exclusive service suppliers.
Article 12: Monopolies:
Where a Member State maintains a monopoly for the provision of a service inscribed by it in the Annex, the services of
such monopoly shall be made available to persons of the other Member State for normal business activities in respect of
price, quality and quantity under transparent and non-discriminatory conditions.
Member States shall endeavour to prevent monopoly service providers under their direct control from using revenues
ASEAN
CER
XII. Monopolies
Each Party shall, within two years of the date of entry into force of this Agreement, eliminate any citizenship or
permanent residency requirement set out in its Schedule to Annex I that it maintains for the licensing or certification of
professional service providers of another Party. Where a Party does not comply with this obligation with respect to a
particular sector, any other Party may, in the same sector and for such period as the non-complying Party maintains its
requirement, solely have recourse to maintaining an equivalent requirement set out in its Schedule to Annex I or
reinstating: (a) any such requirement at the federal level that it eliminated pursuant to this Article; or (b) on notification to
the non-complying Party, any such requirement at the state or provincial level existing on the date of entry into force of
this Agreement.
Table 17.1 (continued)
Chapter J, Article J-02:
Nothing in this Agreement shall be construed to prevent a Party from designating a monopoly.
Where a Party intends to designate a monopoly and the designation may affect the interests of persons of the other Party,
the Party shall: (a) wherever possible, provide prior written notification to the other Party of the designation; and (b)
endeavour to introduce at the time of the designation such conditions on the operation of the monopoly as will minimise
or eliminate any nullification or impairment of benefits in the sense of Annex N-04 (Nullification or Impairment).
Each Party shall ensure, through regulatory control, administrative supervision or the application of other measures, that
any privately-owned monopoly that it designates and any government monopoly that it maintains or designates: (a) acts in
a manner that is not inconsistent with the Party’s obligations under this Agreement wherever such a monopoly exercises
any regulatory, administrative or other governmental authority that the Party has delegated to it in connection with the
monopoly good or service, such as the power to grant import or export licenses, approve commercial transaction or
impose quotas, fees or other charges; (b) except to comply with any terms of its designation that are not inconsistent with
subparagraph (c) or (d), acts solely in accordance with commercial considerations in its purchase or sale of the monopoly
good or service in the relevant market, including with regard to price, quality, availability, marketability, transportation
and other terms and conditions of purchase or sale; (c) provides non-discriminatory treatment to investments of investors,
to goods and to service providers of the other Party in its purchase or sale of the monopoly good or service in the
relevant market; and (d) does not use its monopoly position to engage, either directly or indirectly, including through its
dealings with its parent, its subsidiary or other enterprise with common ownership, in anticompetitive practices in a nonmonopolised market in its territory that adversely affect an investment of an investor of the other Party, including through
the discriminatory provision of the monopoly good or service, cross-subsidisation or predatory conduct.
The paragraph above does not apply to procurement by governmental agencies of goods or services for governmental
purposes and not with a view to commercial resale or with a view to use in the production of goods or the provision of
services for commercial sale.
Chapter 14, Article 14-03: Monopolies and State Enterprises:
Nothing in this Agreement shall be construed to prevent a Party from designating a monopoly.
Where a Party intends to designate a monopoly and the designation may affect the interests of persons of the other Party,
the Party shall: (a) wherever possible, provide prior written notification to the other Party of the designation; and (b)
endeavour to introduce at the time of the designation such conditions on the operation of the monopoly as will minimise
or eliminate any nullification or impairment of benefits in the sense of Annex 18-02 (Each Party shall ensure, through
CHILE/
CANADA
CHILE/
MEXICO
deriving from their monopoly activities for the purpose of subsidising services they may provide in competition with
persons of the Member States.
NAFTA
Chapter 15: Competition Policy, Monopolies and State Enterprises
Article 1502: Monopolies and State Enterprises
Nothing in this Agreement shall be construed to prevent a Party from designating a monopoly.
Where a Party intends to designate a monopoly and the designation may affect the interests of persons of another Party,
the Party shall: (a) wherever possible, provide prior written notification to the other Party of designation; and (b)
endeavour to introduce at the time of the designation such conditions on the operation of the monopoly as will minimise
or eliminate any nullification or impairment of benefits in the sense of Annex 2004 (Nullification and Impairment).
Each Party shall ensure, through regulatory control, administrative supervision or the application of other measures, that
any privately-owned monopoly that it designates and any government monopoly that it maintains or designates: (a) acts in
a manner that is not inconsistent with the Party’s obligations under this Agreement; (b) except to comply with any terms
of its designation that are not inconsistent with subparagraph (c) or (d), acts solely in accordance with commercial
considerations in the purchase or sale of the monopoly good or service in the relevant market, including with regard to
price, quality, availability, marketability, transportation, and other terms and conditions of purchase or sale; (c) provides
non-discriminatory treatment to investments of investors, to goods and to service providers of another Party in its
regulatory control, administrative supervision or the application of other measures, that any privately-owned monopoly
that it designates and any government monopoly that it maintains or designates: (a) acts in a manner that is not
inconsistent with the Party’s obligations under this Agreement wherever such a monopoly exercises any regulatory,
administrative or other governmental authority that the Party has delegated to it in connection with the monopoly good or
service, such as the power to grant import or export licences, approve commercial transaction or impose quotas, fees or
other charges; (b) except to comply with any terms of its designation that are not inconsistent with subparagraph (c) or
(d), acts solely in accordance with commercial considerations in its purchase or sale of the monopoly good or service in
the relevant market, including with regard to price, quality, availability, marketability, transportation and other terms and
conditions of purchase or sale; c) provides non-discriminatory treatment to investments of investors, to goods and to
service providers of the other Party in its purchase or sale of the monopoly good or service in the relevant market; and
(d) does not use its monopoly position to engage, either directly or indirectly, including through its dealings with its
parent, its subsidiary or other enterprise with common ownership, in anticompetitive practices in a non-monopolised
market in its territory that adversely affect an investment of an investor of the other Party, including through the
discriminatory provision of the monopoly good or service, cross-subsidisation or predatory conduct.
The paragraph above does not apply to procurement by governmental agencies of goods or services for governmental
purposes and not with a view to commercial resale or with a view to use in the production of goods or the provision of
services for commercial sale.
Table 17.1 (continued)
Article XIV: Final Provision:
The terms and definitions and other provisions of the GATS shall be referred to and applied to matters arising under this
Framework Agreement for which no specific provision has been made under it.
Relevant provision in GATS:
PART II, Article X - Emergency Safeguards Measures
There shall be multilateral negotiations on the question of emergency safeguard measures based on the principle of nondiscrimination. The results of such negotiations shall enter into effect on a date not later than three years from the entry
into force of the Agreement Establishing the WTO.
Any Member may, notwithstanding the provisions of paragraph 1 of Article XXI (Modification of Schedules), notify the
Council on Trade in Services of its intention to modify or withdraw a specific commitment after a period of one year from
the date on which the commitment enters into force.
PART II, Article XII - Restrictions to Safeguard the Balance of Payments
In the event of serious balance-of-payments and external financial difficulties or threat thereof, a Member may adopt or
maintain restrictions on trade in services on which it has undertaken specific commitments, including on payments or
transfers for transactions related to such commitments.
The restrictions referred above: (a) shall not discriminate among Members; (b) shall be consistent with the Articles of
Agreement of the International Monetary Fund; (c) shall avoid unnecessary damage to the commercial, economic and
financial interests of any other Member; (d) shall not exceed those necessary to deal with the circumstances described
above; (e) shall be temporary and be phased out progressively as the situation improves.
However, such restrictions shall not be adopted or maintained for the purpose of protecting a particular service sector.
Not Specified.
ASEAN
CER
XIII. Safeguards
purchase or sale of the monopoly good or service in the relevant market; and (d) does not use its monopoly position to
engage, either directly or indirectly, in anticompetitive practices in a non-monopolised market in its territory that adversely
affect an investment of an investor of another Party, including the discriminatory provision of the monopoly good or
service, cross-subsidisation or predatory conduct.
The paragraph above does not apply to procurement by governmental agencies of goods or services for governmental
purposes and not with a view to commercial resale or with a view to use in the production of goods or the provision of
services for commercial sale.
Part Six: Administrative and Institutional Provisions
Chapter 19: Exceptions, Article 19-06: Balance of Payments
Nothing in this Agreement shall be construed to prevent a Party from adopting or maintaining measures that restrict
transfers where the Party experiences serious balance of payments difficulties, or the threat thereof, and such restrictions
are consistent with this Article.
Part Eight: Other Provisions
Chapter 21: Exceptions
Article 2104: Balance of Payments
Nothing in this Agreement shall be construed to prevent a Party from adopting or maintaining measures that restrict
transfers where the Party experiences serious balance of payments difficulties, or the threat thereof, and such restrictions
are consistent with paragraphs 2 through 4 and are: (a) consistent with paragraph 5 to the extent they are imposed on
transfers other than Cross-Border trade in financial services; or (b) consistent with paragraphs 6 and 7 to the extent they
are imposed on Cross-Border trade in financial services.
MEXICO/
CHILE
NAFTA
ASEAN
Article XIV: Final Provision:
The terms and definitions and other provisions of the GATS shall be referred to and applied to matters arising under this
Framework Agreement for which no specific provision has been made under it.
Relevant provision in GATS:
PART II, Article XIV - General Exceptions
Nothing in this Agreement shall be construed to prevent the adoption or enforcement by any Member of measures: (a)
necessary to protect public morals or to maintain public order; (b) necessary to protect human, animal or plant life or
health; (c) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this
Agreement including those relating to: (i) the prevention of deceptive and fraudulent practices or to deal with the effects
of a default on services contracts; (ii) the protection of the privacy of individuals; (iii) safety; (d) inconsistent with Article
XIV. Exceptions
Part Five - Other Provisions
Chapter O: Exceptions, Article O-04:
Nothing in this Agreement shall be construed to prevent a Party from adopting or maintaining measures that restrict
transfers where the Party experiences serious balance of payments difficulties, or the threat thereof, and such restrictions
are consistent with this Article.
CHILE/
CANADA
Table 17.1 (continued)
Article 18: Exceptions:
Provided that such measures are not used as a means of arbitrary or unjustified discrimination against persons of the
other Member State or as a disguised restriction on trade in services, nothing in this Protocol shall preclude the adoption
by either Member State of measures necessary: (a) to protect its essential security interests; (b) to protect public morals
and to prevent disorder or crime; (c) to protect human, animal or plant life or health; (d) to prevent unfair, deceptive, or
misleading practices; (e) in pursuance of obligations under international agreements; or (f) to secure compliance with
laws and regulations relating to customs enforcement, to tax avoidance or evasion, or to foreign exchange control.
Part Five- Other Provisions
Chapter O: Exceptions, Article O-01:General Exceptions
Provided that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable
discrimination between countries where the same conditions prevail or a disguised restriction on trade between the
Parties, nothing in: (c) Chapter I (Telecommunications), shall be construed to prevent the adoption or enforcement by
either Party of measures necessary to secure compliance with laws or regulations that are not inconsistent with the
provisions of this Agreement, including those relating to health and safety and consumer protection.
Part Six: Administrative and Institutional Provisions
Chapter 19: Exceptions, Article 19-02: General Exceptions
The paragraphs a), b) and c) of GATS Article XIV are incorporated to this Agreement and are an integral part of this
Agreement, and will apply to: Part Two (Trade in Goods), to the extent that a provision of that Part applies to services,
Part Three (Technical Barriers to Trade), Chapter 10 (Cross-Border Trade in Services), Chapter 11 (Air Transport
Services), Chapter 12 (Telecommunications).
Part Eight: Other Provisions
Chapter 21: Exceptions
Article 2101: General Exceptions
Provided that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable
CER
CHILE/
CANADA
CHILE/
MEXICO
NAFTA
XVII (National Treatment), provided that the difference in treatment is aimed at ensuring the equitable or effective
imposition or collection of direct taxes in respect of services or service suppliers of other Members; (e) inconsistent with
Article II (Most-Favoured-Nation Treatment), provided that the difference in treatment is the result of an agreement on
the avoidance of double taxation or provisions on the avoidance of double taxation in any other international agreement
or arrangement by which the Member is bound.
Article IV: Negotiation of Specific Commitments:
Member States shall enter into negotiations on measures affecting trade in specific service sectors. Such negotiations shall
be directed towards achieving commitments which are beyond those inscribed in each Member State’s schedule of
specific commitments under the GATS and for which Member States shall accord preferential treatment to one another
on an MFN basis.
Each Member State shall set out in a schedule, the specific commitments it shall undertake under paragraph 1.
Article 10: Liberalisation of Trade:
The Member States agree to review in accordance with Article 20 of this Protocol the status of services inscribed in the
Annex with a view to the liberalisation of trade in such services and whether, and if so how, removal from the Annex
could be achieved.
A Member State may, at any time, either upon request of the other Member State or unilaterally, remove in whole or in
part services inscribed by it from the Annex by notifying the other Member State in writing of its intention to do so.
Chapter H. Article H-07: Quantitative Restrictions
The Parties shall periodically, but in any event at least every two years endeavour to negotiate the liberalisation or
removal of the quantitative restrictions set out in Annex IV pursuant to paragraphs 1 and 2.
Chapter H, Article H-08: Liberalisation of Non-Discriminatory Measures
Each Party shall set out in its Schedule to Annex V its commitments to liberalise quantitative restrictions, licensing
requirements, performance requirements or other non-discriminatory measures.
Chapter 10, Article 10-08: Quantitative Restrictions
The Parties shall periodically, but at least every two years, endeavour to negotiate the liberalisation or removal of the
quantitative restrictions set out in Annex V pursuant to paragraphs 1 and 2.
ASEAN
CER
CHILE/
CANADA
CHILE/
MEXICO
XV. Future liberalisation
discrimination between countries where the same conditions prevail or a disguised restriction on trade between the
Parties, nothing in: (a) Part Two (Trade in Goods), to the extent that a provision of that Part applies to services, (b) Part
Three (Technical Barriers to Trade), to the extent that a provision of that Part applies to services, (c) Chapter 12 (CrossBorder Trade in Services), and (d) Chapter 13 (Telecommunications), shall be construed to prevent the adoption or
enforcement by any Party of measures necessary to secure compliance with laws or regulations that are not inconsistent
with the provisions of this Agreement, including those relating to health and safety and consumer protection.
Table 17.1 (continued)
Chapter 12, Article 1207: Quantitative Restrictions
The Parties shall periodically, but in any event at least every two years, endeavour to negotiate the liberalisation or
removal of the quantitative restrictions set out in Annex V [Quantitative Restrictions - Chapter 12] pursuant to paragraphs 1
through 3.
Chapter 12, Article 1208: Liberalisation of Non-Discriminatory Measures:
Each Party shall set out in its Schedule to Annex VI [Miscellaneous Commitments - Chapter 12] its commitments to
liberalise quantitative restrictions, licensing requirements, performance requirements or other non-discriminatory
measures.
Chapter 12, Article 1209: Procedures
The Commission shall establish procedures for, inter alia, consultations on reservations, quantitative restrictions or
commitments with a view to further liberalisation.
CER
ASEAN
A. Consultation
Article VII: Settlement of Disputes
The Protocol on Dispute Settlement for ASEAN shall generally be referred to and applied with respect to any disputes
arising from, or any differences between Member States concerning the interpretation or application of this Framework
Agreement or any arrangements arising therefrom.
A specific dispute settlement mechanism may be established for the purposes of this Framework Agreement which shall
form an integral part of this Framework Agreement.
B. Panel Procedures Not Specified.
A. Consultation
XVI. Dispute settlement
NAFTA
Chapter 10, Article 10-09: Future Liberalisation:
Through future negotiations summoned by the Commission, the Parties shall deepen the achieved liberalisation in the
different service sectors, with a view to achieving the elimination of the remaining restrictions set out in conformity with
Article 10-07 [Reservations] (1) and (2).
Chapter 10, Article 10-10: Liberalisation of Non-Discriminating Measures
Each Party shall set out in its Schedule Annex VI its commitments to liberalise quantitative restrictions, licensing
requirements, performance requirements or other non-discriminatory measures.
Chapter 12, Article 10-11: Procedures
The Commission shall establish procedures for, inter alia, consultations on reservations, quantitative restrictions or
commitments with a view to further liberalisation.
A. Consultation
Chapter N: Article N-06: Consultations
A Party may request in writing consultations with the other Party regarding any actual or proposed measure or any other
matter that it considers might affect the operation of this Agreement.
The Parties shall make every attempt to arrive at a mutually satisfactory resolution of any matter through consultations
under this Article or other consultative provisions of this Agreement. To this end, the Parties shall: (a) provide sufficient
information to enable a full examination of how the actual or proposed measure or other matter might affect the
operation of this Agreement; and (b) treat any confidential or proprietary information exchanged in the course of
consultations on the same basis as the Party providing the information.
B. Panel Procedures
Article N-08: Request for an Arbitral Panel
If the Commission has convened pursuant to Article N-07(4), and the matter has not been resolved within:
(a) 30 days thereafter; (b) 30 days after the Commission has convened in respect of the matter most recently referred to
it, where proceedings have been consolidated pursuant to Article N-07(6); or (c) such other period as the Parties may
agree, a Party may request in writing the establishment of an arbitral panel. The requesting Party shall deliver the request
to its Section of the Secretariat and the other Party.
Article N-15: Initial Report
Unless the disputing Parties otherwise agree, the panel shall base its report on the submissions and arguments of the
Parties and on any information before it pursuant to Article N-13 (Role of Experts) or N-14 (Scientific Review Boards).
Article N-16: Final Report
The panel shall present to the Parties a final report, including any separate opinions on matters not unanimously agreed,
within 30 days of presentation of the initial report, unless the Parties otherwise agree.
A. Consultation
CHILE/
CANADA
CHILE/
Article 19: Consultation
The Member States shall, at the written request of either, promptly enter into consultations with a view to seeking an
early, equitable and mutually satisfactory solution, if the Member State which requested the consultations considers that:
an obligation under this Protocol had not been, is not being, or may not be fulfilled; or the achievement of any objective
of this Protocol is being or may be frustrated.
For the purpose of this Protocol, consultations between the Member States shall be considered to have commenced on
the day on which written notice requesting the consultations is given.
B. Panel Procedures Not Specified.
Table 17.1 (continued)
Chapter 18: Dispute Settlement
Article 18-04: Consultations
Any Party may request in writing consultations with any other Party regarding any actual or proposed measure or any
other matter that it considers might affect the operation of this Agreement.
The Parties shall: (a) provide sufficient information to enable a full examination of how the actual or proposed measure or
other matter might affect the operation of this Agreement; and (b) treat any confidential or proprietary information
exchanged in the course of consultations on the same basis as the Party providing the information.
B. Panel Procedures
Article 18-06: Request for an Arbitral Panel
If the Commission has convened pursuant to Article 18-05(4), and the matter has not been resolved within: (a) 30 days
thereafter, (b) 30 days after the Commission has convened in respect to the matter most recently referred to it, where
proceedings have been consolidated pursuant to Article 2007(6), or (c) such other period as the consulting Parties may
agree, any consulting Party may request in writing the establishment of an arbitral panel.
Article 18-13: Initial Report
Unless the disputing Parties otherwise agree, the panel shall base its report on the submissions and arguments of the
Parties and on any information before it pursuant to Article 18-11 and 18-12.
Article 18-14: Final Report
The panel shall present to the disputing Parties a final report, including any separate opinions on matters not unanimously
agreed, within 30 days of presentation of the initial report, unless the disputing Parties otherwise agree.
A. Consultation
Chapter 20: Institutional Arrangements and Dispute Settlement Procedures
Article 2006: Consultations
Any Party may request in writing consultations with any other Party regarding any actual or proposed measure or any
other matter that it considers might affect the operation of this Agreement.
Unless the Commission otherwise provides in its rules and procedures established under Article 2001(4) (The Free Trade
Commission), a third Party that considers it has a substantial interest in the matter shall be entitled to participate in the
consultations on delivery of written notice to the other Parties and to its Section of the Secretariat.
The consulting Parties shall make every attempt to arrive at a mutually satisfactory resolution of any matter through
consultations under this Article or other consultative provision of this Agreement.
B. Panel Procedures
Article 2008: Request for an Arbitral Panel
If the Commission has convened pursuant to Article 2007(4), and the matter has not been resolved within: (a) 30 days
MEXICO
NAFTA
Article X: Modification of Schedules of Specific Commitments:
A Member State may modify or withdraw any commitment in its schedule of specific commitments, at any time after three
years from the date on which that commitment entered into force provided: that it notifies other Member States and the
ASEAN Secretariat of the intent to modify or withdraw a commitment three months before the intended date of
implementation of the modification or withdrawal; and that it enters into negotiations with an affected Member State to
agree to necessary compensatory adjustment.
In achieving a compensatory adjustment, Member States shall ensure that the general level of mutually advantageous
commitment is not less favourable to trade than that provided for in the schedules of specific commitments prior to such
negotiations.
Compensatory adjustment shall be made on a MFN basis to all other Member States.
The Senior Economic Officials with the endorsement of the Asian Economic Ministers may draw up additional procedures
to give effect to this Article.
Not Applicable.
Not Applicable.
Not Applicable.
Not Applicable.
ASEAN
CER
CHILE/
CANADA
CHILE/
MEXICO
NAFTA
XVII. Modification of schedules
Article 2016: Initial Report
Unless the disputing Parties otherwise agree, the panel shall base its report on the submissions and arguments of the
Parties and on any information before it pursuant to Article 2014 (Role of Experts) and 2015 (Scientific Review Boards).
Article 2017: Final Report
The panel shall present to the disputing Parties a final report, including any separate opinions on matters not unanimously
agreed, within 30 days of presentation of the initial report, unless the disputing Parties otherwise agree.
thereafter, (b) 30 days after the Commission has convened in respect to the matter most recently referred to it, where
proceedings have been consolidated pursuant to Article 2007(6), or (c) such other period as the consulting Parties may
agree, any consulting Party may request in writing the establishment of an arbitral panel.
Table 17.1 (continued)
Chapter 14: Financial Services
Article 1401 : Scope and Definition
This Chapter applies to measures adopted or maintained by a Party relating to: (a) financial institutions of another Party;
(b) investors of another Party, and investments of such investors, in financial institutions in the Party’s territory; and (c)
cross-border trade in financial services.
Future Liberalisation: Article 1404 (4)
The Parties shall consult on future liberalisation of cross-border trade in financial services as set out in Annex 1404.4.
Article 1405: National Treatment
Each Party shall accord to investors, financial institutions, and investments of investors of another Party in financial
institutions treatment no less favourable than that it accords to its own investors, financial institutions and investment of its
own investors in financial institutions, in like circumstances, with respect to the establishment, acquisition, expansion,
management, conduct, operation, and sale or other disposition of financial institutions and investments in financial
institutions in its territory.
Article 1406: Most-Favoured-Nation Treatment
Each Party shall accord to investors of another Party, financial institutions of another Party, investments of investors in
financial institutions and cross-border financial service providers of another Party treatment no less favourable than that it
accords to the investors, financial institutions, investments of investors in financial institutions and cross-border financial
service providers of any other Party or of a non-Party, in like circumstances.
Recognition ( in Article 1406: MFN Treatment)
A Party may recognise prudential measures of another Party or of a non-Party in the application of measures covered by
this Chapter. Such recognition may be: (a) accorded unilaterally; (b) achieved through harmonisation or other means; or
(c) based upon an agreement or arrangement with the other Party or non-Party.
A Party according recognition of prudential measures under the paragraph above shall provide adequate opportunity to
another party to demonstrate that circumstances exist in which there are or would be equivalent regulation, oversight,
Not Specified.
CHILE/
MEXICO
NAFTA
Not Specified.
CHILE/
CANADA
I. Financial services
Table A17.1 Sectoral coverage1
CHILE/
CANADA
Chapter I: Telecommunications
Article I-01: Scope and Coverage
This chapter applies to: (a) measures adopted or maintained by a Party relating to access to and use of public
telecommunications transport networks or services by persons of another Party, including access and use by such persons
operating private networks; (b) measures adopted or maintained by a Party relating to the provision of enhanced or valueadded services by persons of another Party in the territory, or across the borders, of a Party; and (c) standards-related
measures relating to attachment of terminal or other equipment to public telecommunications transport networks.
Article I-02: Access to and Use of Public Telecommunications Transport Networks and Services
Each Party shall ensure that persons of another Party have access to and use of any public telecommunications transport
network or service, including private leased circuits, offered in its territory or across its borders for the conduct of their
business, on reasonable and non-discriminatory terms and conditions, including as set out in paragraphs 2 through 8 of
this Article.
II. Telecommunications
implementation of regulation, and, if appropriate, procedures concerning the sharing of information between the Parties.
Where a Party accords recognition of prudential measures under paragraph 1(c) and the circumstances set out in the
second paragraph above exist, the Party shall provide adequate opportunity to another Party to negotiate accession to the
agreement or arrangement, or to negotiate a comparable agreement or arrangement.
Article 1410: Exceptions
Nothing in this Part shall be construed to prevent a Party from adopting or maintaining reasonable measures for prudential
reasons, such as: (a) the protection of investors, depositors, financial market participants, policy-holders, policy-claimants,
or persons to whom a fiduciary duty is owed by a financial institution or cross-border financial service provider; (b) the
maintenance of the safety, soundness, integrity or financial responsibility of financial institutions or cross-border financial
service providers; and (c) ensuring the integrity and stability of a Party’s financial system.
Article 1411: Transparency
Each Party shall, to the extent practicable, provide in advance to all interested persons any measure of general application
that the Party proposes to adopt in order to allow an opportunity for such persons to comment on the measure. Such
measure shall be provided: (a) by means of official publication; (b) in other written form; or (c) in such other form as
permits an interested person to make informed comments on the proposed measure.
Article 1412: Financial Services Committee
The Parties hereby establish the Financial Services Committee.
Table A17.1 (continued)
Article I-03: Conditions for the Provision of Enhanced or Value-Added Services
Each Party shall ensure that: (a) any licensing, permit, registration or notification procedure that it adopts or maintains
relating to the provision of enhanced or value added services is transparent and non-discriminatory, and that applications
filed hereunder are processed expeditiously; and information required under such procedures is limited to that necessary
to demonstrate that the applicant has the financial solvency to begin providing services or to assess conformity of the
applicant’s terminal or other equipment with Party’s applicable standards or technical regulations.
Article I-04: Standards-Related Measures
Further to the Agreement on Technical Barriers to Trade of the WTO Agreement each Party shall ensure that its standardsrelated measures relating to the attachment of terminal or other equipment to the public telecommunications transport
networks, including those measures relating to the use of testing and measuring equipment for conformity assessment
procedures, are adopted or maintained only to the extent necessary to: (a) prevent technical damage to public
telecommunications transport networks; (b) prevent technical interference with, or degradation of, public
telecommunications transport services; (c) prevent electromagnetic interference, and ensure compatibility, with other uses
of the electromagnetic spectrum; (d) prevent billing equipment malfunction; or (e) ensure users’ safety and access to
public telecommunications transport networks or services.
Article I-05: Monopolies
Where a Party maintains or designates a monopoly to provide public telecommunications transport networks or services,
and the monopoly, directly or through an affiliate, competes in the provision of enhanced or value-added services or
other telecommunications-related services or goods, the Party shall ensure that the monopoly does not use its monopoly
position to engage in anticompetitive conduct in those markets, either directly or through its dealings with its affiliates, in
such a manner as to affect adversely a person of another Party.
Article I-06: Transparency
Further to Article L-02 (Publication), each Party shall make publicly available its measures relating to access to and use of
public telecommunications transport networks or services, including measures relating to: (a) tariffs and other terms and
conditions of service; (b) specifications of technical interfaces with the networks or services;
(c) information on bodies responsible for the preparation and adoption of standards-related measures affecting such
access and use; (d) conditions applying to attachment of terminal or other equipment to the networks; and (e)
notification, permit, registration or licensing requirements.
Article I-07: Relation to Other Chapters
In the event of any inconsistency between this Chapter and another Chapter, this Chapter shall prevail to the extent of the
inconsistency.
Article I-08: Relation to International Organisations and Arrangements
The Parties recognise the importance of international standards for global compatibility and interoperability of
telecommunication networks or services and undertake to promote those standards through the work of relevant
CHILE/
MEXICO
Chapter 12: Telecommunications
Article 12-02: Scope and Coverage
This chapter applies to: (a) measures adopted or maintained by a Party relating to access to and use of public
telecommunications transport networks or services by persons of another Party, including access and use by such persons
operating private networks; (b) measures adopted or maintained by a Party relating to the provision of enhanced or valueadded services by persons of another Party in the territory, or across the borders, of a Party; and (c) standards-related
measures relating to attachment of terminal or other equipment to public telecommunications transport networks.
Article 12-03: Access to and Use of Public Telecommunications Transport Networks and Services
Each Party shall ensure that persons of another Party have access to and use of any public telecommunications transport
network or service, including private leased circuits, offered in its territory or across its borders for the conduct of their
international bodies, including the International Telecommunication Union and the International Organisation for
Standardisation.
Article I-09: Technical Cooperation and Other Consultations
To encourage the development of interoperable telecommunications transport services infrastructure, the Parties shall
cooperate in the exchange of technical information, the development of government-to-government training programs
and other related activities. In implementing this obligation, the Parties shall give special emphasis to existing exchange
programs.
The Parties shall consult with a view to determining the feasibility of further liberalising trade in all telecommunications
services.
Article I-10: Definitions
Telecommunications: the transmission and reception of signals by any electromagnetic means.
Public telecommunications transport service: any telecommunications transport service required by a Party, explicitly or in
effect, to be offered to the public generally.
Public telecommunications transport network: the public telecommunications infrastructure which permits
telecommunications between and among defined network termination points.
Intra-corporate communications: telecommunications through which an enterprise communicates (a) internally or with or
among its subsidiaries, branches and affiliates, as defined by each Party, or (b) on a non-commercial basis with other
persons that are fundamental to the economic activity of the enterprise and that have a continuing contractual relationship
with it.
Other definitions: authorised equipment, conformity assessment procedure, enhanced or value-added services, flat-rate
pricing basis, network termination point, private network, protocol, standards-related measure, technical regulation,
telecommunications service, terminal equipment.
Table A17.1 (continued)
business, on reasonable and non-discriminatory terms and conditions, including as set out in paragraphs 2 through 8 of
this Article.
Article 12-04: Conditions for the Provision of Enhanced or Value-Added Services
Each Party shall ensure that: (a) any licensing, permit, registration or notification procedure that it adopts or maintains
relating to the provision of enhanced or value added services is transparent and non-discriminatory, and that applications
filed hereunder are processed expeditiously; and (b) information required under such procedures is limited to that
necessary to demonstrate that the applicant has the financial solvency to begin providing services or to assess conformity
of the applicant’s terminal or other equipment with Party’s applicable standards or technical regulations.
Article 12-05: Standards-Related Measures
Further to the Agreement on Technical Barriers to Trade of the WTO Agreement each Party shall ensure that its standardsrelated measures relating to the attachment of terminal or other equipment to the public telecommunications transport
networks, including those measures relating to the use of testing and measuring equipment for conformity assessment
procedures, are adopted or maintained only to the extent necessary to: (a) prevent technical damage to public
telecommunications transport networks; (b) prevent technical interference with, or degradation of, public
telecommunications transport services; (c) prevent electromagnetic interference, and ensure compatibility, with other uses
of the electromagnetic spectrum; (d) prevent billing equipment malfunction; or (e) ensure users’ safety and access to
public telecommunications transport networks or services; or (f) assure efficient use of the electromagnetic spectrum.
Article 12-06: Monopolies
Where a Party maintains or designates a monopoly to provide public telecommunications transport networks or services,
and the monopoly, directly or through an affiliate, competes in the provision of enhanced or value-added services or
other telecommunications-related services or goods, the Party shall ensure that the monopoly does not use its monopoly
position to engage in anticompetitive conduct in those markets, either directly or through its dealings with its affiliates, in
such a manner as to affect adversely a person of another Party.
Article 12-07: Transparency
Further to Article L-02 (Publication), each Party shall make publicly available its measures relating to access to and use of
public telecommunications transport networks or services, including measures relating to: (a) tariffs and other terms and
conditions of service; (b) specifications of technical interfaces with the networks or services; (c) information on bodies
responsible for the preparation and adoption of standards-related measures affecting such access and use; (d) conditions
applying to attachment of terminal or other equipment to the networks; and (e) notification, permit, registration or
licensing requirements.
Article 12-08: Relation to Other Chapters
In the event of any inconsistency between a provision of this Chapter and one in another Chapter, the provision of this
Chapter shall prevail to the extent of the inconsistency.
NAFTA
Chapter 13: Telecommunications
Article 1301: Scope
This Chapter applies to: (a) measures adopted or maintained by a Party relating to access to and use of public
telecommunications transport networks or services by persons of another Party, including access and use by such
persons operating private networks; (b) measures adopted or maintained by a Party relating to the provision ofenhanced
or value-added services by persons of another Party in the territory, or across the borders, of a Party; and (c) standards-
Article 12-09: Relation to International Organisations and Arrangements
The Parties recognise the importance of international standards for global compatibility and interoperability of
telecommunication networks or services and undertake to promote those standards through the work of relevant
international bodies, including the International Telecommunication Union and the International Organisation for
Standardisation.
Article 12-10: Technical Cooperation and Other Consultations
To encourage the development of interoperable telecommunications transport services infrastructure, the Parties shall
cooperate in the exchange of technical information, the development of government-to-government training programs
and other related activities. In implementing this obligation, the Parties shall give special emphasis to existing exchange
programs.
The Parties shall consult with a view to determining the feasibility of further liberalising trade in all telecommunications
services.
Article 12-01: Definitions
Telecommunications: any transmission or reception of signals.
Public telecommunications transport service: any telecommunications transport service required by a Party, explicitly or
in effect, to be offered to the public generally.
Public telecommunications transport network: the public telecommunications infrastructure which permits
telecommunications between and among defined network termination points.
Intra-corporate communications: telecommunications through which an enterprise communicates (a) internally or with
or among its subsidiaries, branches and affiliates, as defined by each Party, or (b) on a non-commercial basis with other
persons that are fundamental to the economic activity of the enterprise and that have a continuing contractual
relationship with it.
Other definitions: authorised equipment, conformity assessment procedure, enhanced or value-added services, flat-rate
pricing basis, network termination point, private network, protocol, standards-related measure, technical regulation,
telecommunications service, terminal equipment.
Table A17.1 (continued)
related measures relating to attachment of terminal or other equipment to public telecommunications transport
networks.
Article 1302: Access to and Use of Public Telecommunications Transport Networks and Services
Each Party shall ensure that persons of another Party have access to and use of any public telecommunications transport
network or service, including private leased circuits, offered in its territory or across its borders for the conduct of their
business, on reasonable and non-discriminatory terms and conditions, including as set out in paragraphs 2 through 8 of
this Article.
Article 1303: Conditions for the Provision of Enhanced or Value-Added Services
Each Party shall ensure that: (a) any licensing, permit, registration or notification procedure that it adopts or maintains
relating to the provision of enhanced or value added services is transparent and non-discriminatory, and that applications
filed hereunder are processed expeditiously; and (b) information required under such procedures is limited to that
necessary to demonstrate that the applicant has the financial solvency to begin providing services or to assess conformity
of the applicant’s terminal or other equipment with Party’s applicable standards or technical regulations.
Article 1304: Standards-Related Measures
Each Party shall ensure that its standards-related measures relating to the attachment of terminal or other equipment to the
public telecommunications transport networks, including those measures relating to the use of testing and measuring
equipment for conformity assessment procedures, are adopted or maintained only to the extent necessary to: (a) prevent
technical damage to public telecommunications transport networks; (b) prevent technical interference with, or
degradation of, public telecommunications transport services; (c) prevent electromagnetic interference, and ensure
compatibility, with other uses of the electromagnetic spectrum; (d) prevent billing equipment malfunction; or (e) ensure
users’ safety and access to public telecommunications transport networks or services.
Article 1304-7: The Telecommunications Standards Subcommittee established under Article 913(5) shall perform the
functions set out in Annex 913.5.a-2.
Article 1305: Monopolies
Where a Party maintains or designates a monopoly to provide public telecommunications transport networks or services,
and the monopoly, directly or through an affiliate, competes in the provision of enhanced or value-added services or
other telecommunications-related services or goods, the Party shall ensure that the monopoly does not use its monopoly
position to engage in anticompetitive conduct in those markets, either directly or through its dealings with its affiliates, in
such a manner as to affect adversely a person of another Party.
Article 1306: Transparency
Each Party shall make publicly available its measures relating to access to and use of public telecommunications transport
networks or services, including measures relating to: (a) tariffs and other terms and conditions of service; (b)
specifications of technical interfaces with the networks or services; (c) information on bodies responsible for the
preparation and adoption of standards-related measures affecting such access and use; (d) conditions applying to
attachment of terminal or other equipment to the networks; and (e) notification, permit, registration or licensing
requirements.
Article 1307: Relation to Other Chapters
In the event of any inconsistency between this Chapter and another Chapter, this Chapter shall prevail to the extent of the
inconsistency.
Artice 1308: Relation to International Organisations and Arrangements
The Parties recognise the importance of international standards for global compatibility and interoperability of
telecommunication networks or services and undertake to promote those standards through the work of relevant
international bodies, including the International Telecommunication Union and the International Organisation for
Standardisation.
Article 1309: Technical Cooperation and Other Consultations
To encourage the development of interoperable telecommunications transport services infrastructure, the Parties shall
cooperate in the exchange of technical information, the development of government-to-government training programs
and other related activities. In implementing this obligation, the Parties shall give special emphasis to existing exchange
programs.
The Parties shall consult with a view to determining the feasibility of further liberalising trade in all telecommunications
services.
Article 1310: Definitions
Telecommunications: the transmission and reception of signals by any electromagnetic means.
Public telecommunications transport service: any telecommunications transport service required by a Party, explicitly or in
effect, to be offered to the public generally.
Public telecommunications transport network: the public telecommunications infrastructure which permits
telecommunications between and among defined network termination points.
Intra-corporate communications: telecommunications through which an enterprise communicates (a) internally or with or
among its subsidiaries, branches and affiliates, as defined by each Party, or (b) on a non-commercial basis with other
persons that are fundamental to the economic activity of the enterprise and that have a continuing contractual relationship
with it.
Other definitions: authorised equipment, conformity assessment procedure, enhanced or value-added services, flat-rate
pricing basis, network termination point, private network, protocol, standards-related measure, terminal equipment.
Table A17.1 (continued)
A. Air Transport Services
The Agreement excludes the following from its coverage: air services, including domestic and international air
transportation services, whether scheduled or non-scheduled, and related services in support of air services, other than (i)
aircraft repair and maintenance services during which an aircraft is withdrawn from service, and (ii) specialised air
services.
B. Land Maritime Transportation Not Specified
A. Air Transport Services
Chapter 10: Article 10-02: Scope of application:
This chapter does not apply to: air services, including domestic and international air transportation services, whether
scheduled or non-scheduled, and related services in support of air services, other than (i) aircraft repair and maintenance
services during which an aircraft is withdrawn from service, and (ii) speciality air services; and (iii) computerised system
of reservation.
Chapter 11: Air Transport Services
Article 11-01: Definitions: For the effect of this Chapter, it shall make understood by the Air Transport Committee
between the Government of Republic of Chile and the Government of United States of Mexico, signed on January 14,
1997 and their successor.
Article 11-02: Application scope: Except for the provisions in this Chapter, Chapter 17 (Administration of the Treaty),
Chapter 19 (Exceptions), and Chapter 20 (Final Dispositions), this Treaty shall not be applied to the air transport services
and the Parties shall be to the provision of the Committee.
B. Land Maritime Transportation Not Specified
A. Air Transport Services
Chapter 12: Cross-Border Trade in Services
Article 1202: Scope and Coverage
NAFTA provisions on services apply to: (i) aircraft repair and maintenance services during which an aircraft is
withdrawn from service, and (ii) speciality air services.
They do not apply to air services, including domestic and international air transportation services, whether scheduled or
non-scheduled, and related services in support of air services, other than the ones specified above.
B. Land Maritime Transportation
Chapter 12, Annex 1212: Land Transportation
Contact Points
CHILE/
CANADA
CHILE/
MEXICO
NAFTA
III. Transport
CHILE/
CANADA
A. General Provisions
Annex H-10.5: Professional Services
Section I: General Provisions
Processing of Applications for Licences and Certifications
1. Each Party shall ensure that its competent authorities, within a reasonable time after the submission by a national of the
other Party of an application for a licence or certification: (a) where the application is complete, make a determination on
the application and inform the applicant of that determination; or (b) where the application is not complete, inform the
applicant without undue delay of the status of the application and the additional information that is required under the
Party’s law.
B. Development of Professional Standards
2. The Parties shall encourage the relevant bodies in their respective territories to develop mutually acceptable standards
and criteria for licensing and certification of professional service providers and to provide recommendations on mutual
recognition to the Commission.
3. The standards and criteria referred to in paragraph 2 may be developed with regard to the following matters: (a)
education - accreditation of schools or academic programs; (b) examinations - qualifying examinations for licensing,
IV. Professional services
Each Party shall designate by January 1, 1994 contact points to provide information published by that Party relating to
land transportation services regarding operating authority, safety requirements, taxation, data, studies and technology,
and to provide assistance in contacting its relevant government agencies.
Review Process
The Commission shall, during the fifth year after the date of entry into force of this Agreement and during every second
year thereafter until the liberalisation for bus and truck transportation set out in the Parties’ Schedules to Annex I is
complete, receive and consider a report from the Parties that assesses progress respecting liberalisation, including: (a)
the effectiveness of the liberalisation; (b) specific problems for, or unanticipated effects on, each Party’s bus and truck
transportation industries arising from liberalisation; and (c) modifications to the period of liberalisation.
The Parties shall consult, no later than seven years after the date of entry into force of this Agreement, to consider
further liberalisation commitments.
Article 913.5.a.i Committee on Standards-Related Measures
The Committee shall establish a Land Transportation Standards Subcommittee, in accordance with Annex 913.5.a1. [The
Subcommittee is responsible for making compatible relevant standards-related measures for bus, truck and rail
operations.]
Table A17.1 (continued)
including alternative methods of assessment such as oral examinations and interviews; (c) experience - length and nature
of experience required for licensing; (d) conduct and ethics - standards of professional conduct and the nature of
disciplinary action for non-conformity with those standards; (e) professional development and re-certification - continuing
education and ongoing requirements to maintain professional certification; (f) scope of practice - extent of, or limitations
on, permissible activities; (g) local knowledge - requirements for knowledge of such matters as local laws, regulations,
language, geography or climate; and (h) consumer protection - alternatives to residency requirements, including bonding,
professional liability insurance and client restitution funds, to provide for the protection of consumers.
4. On receipt of a recommendation referred to in paragraph 2, the Commission shall review the recommendation within a
reasonable time to determine whether it is consistent with this Agreement. Based on the Commission’s review, each Party
shall encourage its respective competent authorities, where appropriate, to implement the recommendation within a
mutually agreed time.
C. Temporary Licensing
5. Where the Parties agree, each Party shall encourage the relevant bodies in its territory to develop procedures for the
temporary licensing of professional service providers of the other Party.
Review
6. The Commission shall periodically, and at least once every three years, review the implementation of this Section.
D. Foreign Legal Consultants
1. Each Party shall, in implementing its obligations and commitments regarding foreign legal consultants as set out in its
relevant Schedules and subject to any reservations therein, ensure that a national of the other Party is permitted to practice
or advise on the law of any country in which that national is authorised to practice as a lawyer.
E. Consultations With Professional Bodies
2. Each Party shall consult with its relevant professional bodies to obtain their recommendations on:
(a) the form of association or partnership between lawyers authorised to practice in its territory and foreign legal
consultants; (b) the development of standards and criteria for the authorisation of foreign legal consultants in conformity
with Article H-10; and (c) other matters relating to the provision of foreign legal consultancy services.
3. Prior to initiation of consultations under paragraph 7, each Party shall encourage its relevant professional bodies to
consult with the relevant professional bodies designated by the other Party regarding the development of joint
recommendations on the matters referred to in paragraph 2.
F. Future Liberalisation
4. Each Party shall establish a work program to develop common procedures throughout its territory for the authorisation
of foreign legal consultants.
5. Each Party shall promptly review any recommendation referred to in paragraphs 2 and 3 to ensure its consistency with
this Agreement. If the recommendation is consistent with this Agreement, each Party shall encourage its competent
authorities to implement the recommendation within one year.
CHILE/
MEXICO
A. General Provisions
Chapter 10, Annex 10-12: Professional Services
Objective
6. Each Party shall report to the Commission within one year of the date of entry into force of this Agreement, and each
year thereafter, on its progress in implementing the work program referred to in paragraph 4.
7. The Parties shall meet within one year of the date of entry into force of this Agreement with a view to: (a) assessing the
implementation of paragraphs 2 through 5; (b) amending or removing, where appropriate, reservations on foreign legal
consultancy services; and (c) assessing further work that may be appropriate regarding foreign legal consultancy services.
G. Temporary Licensing of Engineers
Section III: Temporary Licensing of Engineers
1. The Parties shall meet within one year of the date of entry into force of this Agreement to establish a work program to
be undertaken by each Party, in conjunction with its relevant professional bodies, to provide for the temporary licensing
in its territory of nationals of the other Party who are licensed as engineers in the territory of the other Party.
2. To this end, each Party shall consult with its relevant professional bodies to obtain their recommendations on: (a) the
development of procedures for the temporary licensing of such engineers to permit them to practice their engineering
specialities in each jurisdiction in its territory; (b) the development of model procedures for adoption by the competent
authorities throughout its territory to facilitate the temporary licensing of such engineers; (c) the engineering specialities to
which priority should be given in developing temporary licensing procedures; and (d) other matters relating to the
temporary licensing of engineers identified by the Party in such consultations.
3. Each Party shall request its relevant professional bodies to make recommendations on the matters referred to in
paragraph 2 within two years of the date of entry into force of this Agreement.
4. Each Party shall encourage its relevant professional bodies to meet at the earliest opportunity with the relevant
professional bodies of the other Party with a view to cooperating in the development of joint recommendations on the
matters referred to in paragraph 2 within two years of the date of entry into force of this Agreement. Each Party shall
request an annual report from its relevant professional bodies on the progress achieved in developing those
recommendations.
5. The Parties shall promptly review any recommendation referred to in paragraph 3 or 4 to ensure its consistency with
this Agreement. If the recommendation is consistent with this Agreement, each Party shall encourage its competent
authorities to implement the recommendation within one year.
6. The Commission shall review the implementation of this Section within two years of the date of entry into force of this
Section.
Table A17.1 (continued)
1. The purpose of this annex is to establish rules that the Parties will have to follow in order to reduce and eliminate
gradually, in their territories, the barriers to the supply of professional services.
Processing of Applications for Licences and Certifications
2. Each Party shall ensure that its competent authorities, within a reasonable time after the submission by a national of the
other Party of an application for a licence or certification: (a) where the application is complete, make a determination on
the application and inform the applicant of that determination; or (b) where the application is not complete, inform the
applicant without undue delay of the status of the application and the additional information that is required under the
Party’s law.
B. Development of Professional Standards
3. The Parties shall encourage the relevant bodies in their respective territories to develop mutually acceptable standards
and criteria for licensing and certification of professional service providers and to provide recommendations on mutual
recognition to the Commission.
4. The standards and criteria referred to in paragraph 3 may be developed with regard to the following matters: (a)
education - accreditation of schools or academic programs; (b) examinations - qualifying examinations for licensing,
including alternative methods of assessment such as oral examinations and interviews;
(c) experience - length and nature of experience required for licensing; (d) conduct and ethics - standards of professional
conduct and the nature of disciplinary action for non-conformity with those standards; (e) professional development and
re-certification - continuing education and ongoing requirements to maintain professional certification; (f) scope of
practice - extent of, or limitations on, permissible activities; (g) local knowledge - requirements for knowledge of such
matters as local laws, regulations, language, geography or climate; and (h) consumer protection - alternatives to residency
requirements, including bonding, professional liability insurance and client restitution funds, to provide for the protection
of consumers.
5. On receipt of a recommendation referred to in paragraph 3, the Commission shall review the recommendation within a
reasonable time to determine whether it is consistent with this Agreement. Based on the Commission’s review, each Party
shall encourage its respective competent authorities, where appropriate, to implement the recommendation within a
mutually agreed time.
C. Temporary Licensing
6. Where the Parties agree, each Party shall encourage the relevant bodies in its territory to develop procedures for the
temporary licensing of professional service providers of the other Party.
Review
7. The Commission shall periodically, and at least once every three years, review the implementation of the provisions of
this Annex.
D. Foreign Legal Consultants Not specified.
E. Consultations With Professional Bodies Not specified.
NAFTA
A. General Provisions
Chapter 12, Annex 1210.5: Professional Services
Section A - General Provisions
Processing of Applications for Licences and Certifications
1. Each Party shall ensure that its competent authorities, within a reasonable time after the submission by a national of
another Party of an application for a licence or certification: (a) where the application is complete, make a determination
on the application and inform the applicant of that determination; or (b) where the application is not complete, inform
the applicant without undue delay of the status of the application and the additional information that is required under
the Party’s law.
B. Development of Professional Standards
2. The Parties shall encourage the relevant bodies in their respective territories to develop mutually acceptable standards
and criteria for licensing and certification of professional service providers and to provide recommendations on mutual
recognition to the Commission.
3. The standards and criteria referred to in paragraph 2 may be developed with regard to the following matters: (a)
education - accreditation of schools or academic programs; (b) examinations - qualifying examinations for licensing,
including alternative methods of assessment such as oral examinations and interviews; (c) experience length and nature of
experience required for licensing; (d) conduct and ethics - standards of professional conduct and the nature of
disciplinary action for non-conformity with those standards; (e) professional development and re-certification - continuing
education and ongoing requirements to maintain professional certification; (f) scope of practice - extent of, or limitations
on, permissible activities; (g) local knowledge - requirements for knowledge of such matters as local laws, regulations,
language, geography or climate; and (h) consumer protection - alternatives to residency requirements, including bonding,
professional liability insurance and client restitution funds, to provide for the protection of consumers.
C. Temporary Licensing
5. Where the Parties agree, each Party shall encourage the relevant bodies in its territory to develop procedures for the
temporary licensing of professional service providers of another Party.
Review
6. The Commission shall periodically, and at least once every three years, review the implementation of this Section.
D. Foreign Legal Consultants
Section B Foreign Legal Consultants
1. Each Party shall, in implementing its obligations and commitments regarding foreign legal consultants as set out in its
F. Future Liberalisation Not specified.
G. Temporary Licensing of Engineers Not specified.
Table A17.1 (continued)
relevant Schedules and subject to any reservations therein, ensure that a national of another Party is permitted to practice
or advise on the law of any country in which that national is authorised to practice as a lawyer.
E. Consultations With Professional Bodies
2. Each Party shall consult with its relevant professional bodies to obtain their recommendations on: (a) the form of
association or partnership between lawyers authorised to practice in its territory and foreign legal consultants; (b) the
development of standards and criteria for the authorisation of foreign legal consultants in conformity with Article 1210;
and (c) other matters relating to the provision of foreign legal consultancy services.
3. Prior to initiation of consultations under paragraph 7, each Party shall encourage its relevant professional bodies to
consult with the relevant professional bodies designated by each of the other Parties regarding the development of joint
recommendations on the matters referred to in paragraph 2.
F. Future Liberalisation
4. Each Party shall establish a work program to develop common procedures throughout its territory for the authorisation
of foreign legal consultants.
5. Each Party shall promptly review any recommendation referred to in paragraphs 2 and 3 to ensure its consistency with
this Agreement. If the recommendation is consistent with this Agreement, each Party shall encourage its competent
authorities to implement the recommendation within one year.
6. Each Party shall report to the Commission within one year of the date of entry into force of this Agreement, and each
year thereafter, on its progress in implementing the work program referred to in paragraph 4.
7. The Parties shall meet within one year of the date of entry into force of this Agreement with a view to: (a) assessing the
implementation of paragraphs 2 through 5; (b) amending or removing, where appropriate, reservations on foreign legal
consultancy services; and (c) assessing further work that may be appropriate regarding foreign legal consultancy services.
G. Temporary Licensing of Engineers
Section C Temporary Licensing of Engineers
1. The Parties shall meet within one year of the date of entry into force of this Agreement to establish a work program to
be undertaken by each Party, in conjunction with its relevant professional bodies, to provide for the temporary licensing
in its territory of nationals of another Party who are licensed as engineers in the territory of that other Party.
2. To this end, each Party shall consult with its relevant professional bodies to obtain their recommendations on: (a) the
development of procedures for the temporary licensing of such engineers to permit them to practice their engineering
specialities in each jurisdiction in its territory; (b) the development of model procedures for adoption by the competent
authorities throughout its territory to facilitate the temporary licensing of such engineers; (c) the engineering specialities to
which priority should be given in developing temporary licensing procedures; and (d) other matters relating to the
temporary licensing of engineers identified by the Party in such consultations.
Not specified.
Article 2: Scope of Protocol
This protocol shall apply to any measure, in existence or proposed, of a Member State that relates to or affects the
provision of a service by or on behalf of a person of the other Member State within or into the territory of the first
Member State.
Article 3: Definitions
Person of a Member State means: a natural person who is a citizen of, or ordinarily resident in, that State; etc.
Article 4: Market Access:
Each Member State shall grant to persons of the other Member State and services provided by them access rights in its
market no less favourable than those allowed to its own persons and services provided by them.
Chapter K: Temporary Entry of Business Persons
Article K-08: Definitions
ASEAN
CER
CHILE/
CANADA
V. Movement of natural persons supplying services under the agreement
3. Each Party shall request its relevant professional bodies to make recommendations on the matters referred to in
paragraph 2 within two years of the date of entry into force of this Agreement.
4. Each Party shall encourage its relevant professional bodies to meet at the earliest opportunity with the relevant
professional bodies of the other Parties with a view to cooperating in the development of joint recommendations on the
matters referred to in paragraph 2 within two years of the date of entry into force of this Agreement. Each Party shall
request an annual report from its relevant professional bodies on the progress achieved in developing those
recommendations.
5. The Parties shall promptly review any recommendation referred to in paragraphs 3 or 4 to ensure its consistency with
this Agreement. If the recommendation is consistent with this Agreement, each Party shall encourage its competent
authorities to implement the recommendation within one year.
6. The Commission shall review the implementation of this Section within two years of the date of entry into force of this
Section.
7. Appendix 1210.5C applies to the Parties specified therein.
Appendix 1210.5-C: Civil Engineers
The rights and obligations of Section C of Annex 1210.5 apply to Mexico with respect to civil engineers ‘ingenieros
civile’) and to such other engineering specialities that Mexico may designate.
Table A17.1 (continued)
CHILE/
MEXICO
Chapter 10, Article 10-02: Application Scope (Paragraph 4)
Nothing in this Chapter (General Principles on Trade in Services) shall be construed to impose any obligation on a Party
with respect to a national of another Party seeking access to its employment market, or employed on a permanent basis in
its territory, or to confer any right on that national with respect to that access or employment.
Chapter 13: Temporary Entry for Business Persons
Article 13-02: General Principles
The provisions of this Chapter reflect the preferential trading relationship between the Parties, the desirability of
facilitating temporary entry on a reciprocal basis and of establishing transparent criteria and procedures for temporary
entry. Also the provisions reflect the need to ensure border security and to protect the domestic labour force and
permanent employment in their respective territories.
Article 13-03: General Obligations
Each Party shall apply its measures relating to the provisions of this Chapter in accordance with Article 13-02 and, in
particular, shall apply expeditiously those measures so as to avoid unduly impairing or delaying trade in goods or services
or conduct of investment activities under this Agreement.
The Parties shall endeavour to develop and adopt common criteria, definitions and interpretations for the implementation
of this Chapter.
business person means a citizen of a Party who is engaged in trade in goods, the provisions of services or the conduct of
investment activities; and temporary entry means entry into the territory of a Party by a business person of the other Party
without the intent to establish permanent residence.
Article K-01: General Principles
Further to Article A-02 (Objectives), this Chapter reflects the preferential trading relationship between the Parties, the
desirability of facilitating temporary entry on a reciprocal basis and of establishing transparent criteria and procedures for
temporary entry, and the need to ensure border security and to protect the domestic labour force and permanent
employment in their respective territories.
Article K-02: General Obligations
Each Party shall apply its measures relating to the provisions of this Chapter in accordance with Article K-01 and, in
particular, shall apply expeditiously those measures so as to avoid unduly impairing or delaying trade in goods or services
or conduct of investment activities under this Agreement.
Article K-05: Working Group
The Parties hereby establish a Temporary Entry Working Group, comprising representatives of each Party, including
immigration officials, to consider the implementation and administration of this Chapter and any measures of mutual
interest.
NAFTA
Chapter 12, Article 1201: Scope and Coverage (Paragraph 3)
Nothing in this Chapter (Cross-Border Trade in Services) shall be construed to impose any obligation on a Party with
respect to a national of another Party seeking access to its employment market, or employed on a permanent basis in its
territory, or to confer any right on that national with respect to that access or employment.
Chapter 16: Temporary Entry for Business Persons
Article 1601: General Principles
Further to Article 102 (Objectives), this Chapter reflects the preferential trading relationship between the Parties, the
desirability of facilitating temporary entry on a reciprocal basis and of establishing transparent criteria and procedures for
temporary entry, and the need to ensure border security and to protect the domestic labour force and permanent
employment in their respective territories.
Article 1602: General Obligations
Each Party shall apply its measures relating to the provisions of this Chapter in accordance with Article 1601 and, in
particular, shall apply expeditiously those measures so as to avoid unduly impairing or delaying trade in goods or
services or conduct of investment activities under this Agreement.
The Parties shall endeavour to develop and adopt common criteria, definitions and interpretations for the
implementation of this Chapter.
Article 1605: Working Group
The Parties hereby establish a Temporary Entry Working Group, comprising representatives of each Party, including
immigration officials.
The Working Group shall meet at least once a year.
Article 13-06: Working Group
The Parties hereby establish a Temporary Entry Working Group, comprising representatives of each Party, including
immigration officials, in order to consider the implementation and administration of this chapter and of any measure
mutually interested.
The Working Group shall meet at least once a year.
Table A17.1 (continued)