Annex II

Annex II

Explanatory Note

1. The Schedule of a Party of this Annex sets out, pursuant to Articles 10.13 (Non-

Conforming Measures) and 11.6 (Non-Conforming Measures), the specific sectors, sub-sectors,

or activities for which that Party may maintain existing, or adopt new or more restrictive,

measures that do not conform with obligations imposed by:

(a) Articles 10.3 (National Treatment) or 11.2 (National Treatment);

(b) Articles 10.4 (Most-Favored-Nation Treatment) or 11.3 (Most-Favored-Nation

Treatment); 

(c) Article 11.5 (Local Presence)

(d) Article 10.9 (Performance Requirements); 

(e) Article 10.10 (Senior Management and Boards of Directors); or

(f) Article 11.4 (Market Access).

2. Each Schedule entry sets out the following elements:

(a)  Sector refers to the sector for which the entry is made;

(b) Obligations Concerned specifies the obligation(s) referred to in paragraph 1 that,

pursuant to Articles 10.13 (Non-Conforming Measures) and 11.6 (Non-

Conforming Measures), do not apply to the sectors, subsectors, or activities listed

in the entry;

(c)  Description sets out the scope of the sectors, subsectors, or activities covered by

the entry; and

(d)  Existing Measures identifies, for transparency purposes, existing measures that

apply to the sectors, subsectors, or activities covered by the entry.

3. In accordance with Article 10.13 (Non-Conforming Measures) and 11.6 (Non-

Conforming Measures), the articles of this Agreement specified in the Obligations Concerned

element of an entry do not apply to the sectors, subsectors, and activities identified in the

Description element of that entry.  

ANNEX II

 

Schedule of Costa Rica

 

II-CR-1

Sector: All Sectors

 

Obligations Concerned: Most-Favored-Nation Treatment (Articles 10.4 and 11.3)

 

Description: Cross-Border Services and Investment

Costa Rica reserves, vis-á-vis the United States and the Dominican

Republic, the right to adopt or maintain any measure that accords

differential treatment to countries under any bilateral or

multilateral international agreement in force or signed prior to the

date of entry into force of this Agreement.

Costa Rica reserves the right to adopt or maintain any measure that

accords differential treatment to countries under any bilateral or

multilateral international agreement in force or signed after the

date of entry into force of this Agreement involving:

(a) aviation;

(b) fisheries; or

(c) maritime matters, including salvage.

ANNEX II, Schedule of Costa Rica

 

 

II-CR-2

Sector: Cultural Industries

 

Obligations Concerned: Most-Favored-Nation Treatment (Articles 10.4 and 11.3)

 

Description: Cross-Border Services and Investment

 

 Costa Rica reserves the right to adopt or maintain any measure that

accords differential treatment to countries under any existing or

future bilateral or multilateral international agreement with respect

to cultural industries, such as audiovisual cooperation agreements.

For greater certainty, government supported subsidy programs for

the promotion of cultural activities are not subject to the limitations

or obligations of this Agreement. 

Cultural industries means persons engaged in any of the following

activities:

(a)  Publication, distribution, or sale of books, magazines,

periodical publications, or printed or electronic newspapers,

excluding the printing and typesetting of any of the

foregoing;

(b)  Production, distribution, sale, or display of recordings of

movies or videos;

(c)  Production, distribution, sale, or display of music recordings

in audio or video format;

(d)  Production, distribution, or sale of printed music scores or

scores readable by machines; or

(e)  Radiobroadcasts aimed at the public in general, as well as all

radio, television, and cable television-related activities,

satellite programming services, and broadcasting networks.

ANNEX II, Schedule of Costa Rica

 

 

II-CR-3

Sector: Social Services

 

Obligations Concerned: National Treatment (Articles 10.3 and 11.2)

 Most-Favored-Nation Treatment (Articles 10.4 and 11.3)

 Local Presence (Article 11.5)

 Performance Requirements (Article 10.9)

 Senior Management and Boards of Directors (Article 10.10)

 Market Access (Article 11.4)

 

Description: Cross-Border Services and Investment

Costa Rica reserves the right to adopt or maintain any measure

with respect to the provision of law enforcement and correctional

services, and the following services to the extent they are social

services established or maintained for a public purpose:  income

security or insurance, social security or insurance, social welfare,

public education, public training, health, child care, public sewage

services, and water supply services.

 

ANNEX II

 

Schedule of the Dominican Republic

 

II-DR-1

Sector: All Sectors

 

Obligations Concerned: National Treatment (Article 10.3)

    

Description: Investment

The Dominican Republic reserves the right to adopt or maintain

any measure relating to the ownership or control of land within 20

kilometers of the Dominican border.

ANNEX II, Schedule of the Dominican Republic

 

 

II-DR-2

Sector: All Sectors

 

Obligations Concerned: National Treatment (Article 10.3)

 Senior Management and Boards of Directors (Article 10.10)

 

Description: Investment

The Dominican Republic reserves the right to limit the transfer or

disposal of any interest held in an existing state enterprise, such

that only a Dominican national may receive such interest. 

However, the preceding sentence pertains only to the initial

transfer or disposal of such interest.  The Dominican Republic does

not reserve this right with respect to subsequent transfers or

disposals of such interest.  

 

 The Dominican Republic reserves the right to limit control of any

new enterprise created by the transfer or disposal of any interest as

described in the preceding paragraph, but not through limitations

on the ownership of the interest.  The Dominican Republic also

reserves the right to adopt or maintain any measure related to the

nationality of senior management and members of the board of

directors in such new enterprise.  

ANNEX II, Schedule of the Dominican Republic

 

 

II-DR-3

Sector: All Sectors  

 

Obligations Concerned: Most-Favored-Nation Treatment (Articles 10.4 and 11.3)

 

Description: Cross-Border Services and Investment 

The Dominican Republic reserves the right to adopt or maintain

any measure that accords differential treatment to countries under

any bilateral or multilateral international agreement in force or

signed prior to the date of entry into force of this Agreement.

The Dominican Republic reserves the right to adopt or maintain

any measure that accords differential treatment to countries under

any bilateral or multilateral international agreement in force or

signed after the date of entry into force of this Agreement

involving:

(a) aviation;

(b) fishing; or

(c) maritime affairs, including salvage.

ANNEX II, Schedule of the Dominican Republic

 

 

II-DR-4

Sector: Communications

 

Obligations Concerned: Most-Favored-Nation Treatment (Articles 10.4 and 11.3)

 

Description: Cross-Border Services and Investment

The Dominican Republic reserves the right to adopt or maintain

any measure that accords differential treatment to persons of other

countries due to application of reciprocity measures or through

international agreements involving sharing of the radio spectrum,

guaranteeing market access, or national treatment with respect to

the one-way satellite transmission of direct-to-home and direct

broadcasting satellite television services and digital audio services.

 

ANNEX II, Schedule of the Dominican Republic

 

 

II-DR-5

Sector: Governmental Finances

 

Obligations Concerned: National Treatment (Article 10.3)

 

Description: Investment

The Dominican Republic reserves the right to adopt or maintain

any measure relating to the restriction of the acquisition by foreign

nationals of bonds, treasury securities, fixed-term instruments, or

other instruments of public debt issued for particular sectors by the

Central Bank or the Government of the Dominican Republic. This

non-conforming measure is not intended to affect the rights of

United States financial institutions (banks) established in the

Dominican Republic, to acquire, sell, or dispose of such

instruments when required for purposes of regulatory capital. 

ANNEX II, Schedule of the Dominican Republic

 

 

II-DR-6

Sector: Services Related to Craft Industry

 

Obligations Concerned: National Treatment (Article 11.2)

 Market Access (Article 11.4)

 

Description: Cross-Border Services

The Dominican Republic reserves the right to adopt or maintain

any measure relating to the distribution, retailing, or exhibition of

handicrafts that are identified as handicrafts of the Dominican

Republic.

ANNEX II, Schedule of the Dominican Republic

 

 

II-DR-7

Sector: Social Services

 

Obligations Concerned: National Treatment (Articles 10.3 and 11.2)

 Most-Favored-Nation Treatment (Articles 10.4 and 11.3)

 Local Presence (Article 11.5)

 Performance Requirements (Article 10.9)

 Senior Management and Boards of Directors (Article 10.10)

 

Description: Cross-Border Services and Investment 

The Dominican Republic reserves the right to adopt or maintain

any measure with respect to the provision of law enforcement and

correctional services, and the following  services to the extent they

are social services established or maintained for a public purpose: 

income security or insurance, social security or insurance, social

welfare, public education, public training, health, and child care.

ANNEX II, Schedule of the Dominican Republic

 

 

II-DR-8

Sector: Socially and Economically Disadvantaged Groups

 

Obligations Concerned: National Treatment (Articles 10.3 and 11.2)

 Local Presence (Article 11.5)

 Performance Requirement (Article 10.9)

 Senior Management and Boards of Directors (Article 10.10)

 

Description: Cross-Border Services and Investment

The Dominican Republic reserves the right to adopt or maintain

any measure according rights or preferences to socially or

economically disadvantaged groups. 

 

 

ANNEX II

 

Schedule of El Salvador

 

II-ES-1

Sector:   All Sectors

 

Obligations Concerned:  Most-Favored-Nation Treatment (Articles 10.4 and 11.3)

 

Description: Cross Border Services and Investment

El Salvador reserves, vis-á-vis the United States and the

Dominican Republic, the right to adopt or maintain any measure

that accords differential treatment to countries under any bilateral

or multilateral international agreement in force or signed prior to

the date of entry into force of this Agreement.

El Salvador reserves the right to adopt or maintain any measure

that accords differential treatment to countries under any bilateral

or multilateral international agreement in force or signed after the

date of entry into force of this Agreement involving:

 

(a) aviation;

 

(b) fisheries; or

 

(c) maritime matters, including salvage.

 

ANNEX II, Schedule of El Salvador

 

 

II-ES-2

Sector:   Social Services

 

Obligations Concerned:  National Treatment (Articles 10.3 and 11.2)

 Most-Favored-Nation Treatment (Articles 10.4 and 11.3)

 Market Access (Article 11.4)

 Local Presence (Article 11.5)

 Performance Requirements (Article 10.9)

 Senior Management and Boards of Directors (Article 10.10)

 

Description: Cross-Border Services and Investment

El Salvador reserves the right to adopt or maintain any measure

with respect to the provision of law enforcement and correctional

services, and the following services to the extent they are social

services established or maintained for a public purpose:  income

security or insurance, social security or insurance, social welfare,

public education, public training, health, and child care.

 

ANNEX II, Schedule of El Salvador

 

 

II-ES-3

Sector: Minority Affairs 

 

Obligations Concerned:  National Treatment (Articles 10.3 and 11.2)

 Local Presence (Article 11.5)

 Performance Requirements (Article 10.9)

 Senior Management and Boards of Directors (Article 10.10)

 

Description: Cross-Border Services and Investment

El Salvador reserves the right to adopt or maintain any measure

according rights or preferences to socially or economically

disadvantaged minorities. 

 

ANNEX II, Schedule of El Salvador

 

 

II-ES-4

Sector:   Transport Services: Road Transport Services

 

Obligations Concerned:  National Treatment (Article 11.2)

 Most-Favored-Nation Treatment (Article 11.3)

 Local Presence (Article 11.5)

 

Description: Cross-Border Services

El Salvador reserves, vis-á-vis the United States and the

Dominican Republic, the right to adopt or maintain any measure

restricting the transportation of goods by road.

ANNEX II

 

Schedule of Guatemala

 

II-GU-1

Sector: All Sectors

 

Obligations Concerned: Most-Favored-Nation Treatment (Articles 11.3 and 10.4)

 

Level of Government: Central

 

Description: Cross-Border Services and Investment

Guatemala reserves, vis-á-vis the United States and the Dominican

Republic, the right to adopt or maintain any measure that accords

differential treatment to countries under any bilateral or

multilateral international agreement in force or signed prior to the

date of entry into force of this Agreement.

Guatemala reserves the right to adopt or maintain any measure that

accords differential treatment to countries under any bilateral or

multilateral international agreement in force or signed after the

date of entry into force of this Agreement involving:

(a) aviation,

(b) fisheries, or

 

(c)     maritime matters, including salvage.

ANNEX II, Schedule of Guatemala

 

 

II-GU-2

Sector: Maritime Transportation

 

Obligations Concerned: National Treatment (Articles 11.2 and 10.3)

 Most-Favored-Nation Treatment (Articles 11.3 and 10.4)

 Local Presence (Article 11.5)

 Performance Requirements (Article 10.9)

 Senior Management and Boards of Directors (Article 10.10)

 

Level of Government: Central

 

Description: Cross-Border Services and Investment  

Guatemala reserves the right to adopt or maintain any measure

related to the provision of maritime transportation services.

 

ANNEX II, Schedule of Guatemala

 

 

II-GU-3

Sector: Matters Related to Disadvantaged Minorities and Indigenous

Peoples 

 

Obligations Concerned: National Treatment (Articles 11.2 and 10.3)

 Local Presence (Article 11.5)

 Performance Requirements (Article 10.9)

 Senior Management and Boards of Directors (Article 10.10)

 

Level of Government: Central

 

Description: Cross-Border Services and Investment

Guatemala reserves the right to adopt or maintain any measure that

grants rights or preferences to socially or economically

disadvantaged minorities and indigenous peoples.

ANNEX II

 

Schedule of Honduras

 

II-HO-1

Sector:   Communications Services - Telecommunications

 

Obligations Concerned: National Treatment (Article 10.3)

 Market Access (Article 11.4)

 

Description: Cross-Border Services and Investment

Honduras reserves the right to adopt, maintain, or modify the level

of participation in the ownership of the Empresa Hondureña de

Telecomunicaciones (HONDUTEL), as well as its affiliates or

subsidiaries.

 

ANNEX II, Schedule of Honduras

 

 

II-HO-2

Sector: All Sectors

 

Obligations Concerned: Most-Favored-Nation Treatment (Articles 10.4 and 11.3)

 

Description: Cross-Border Services and Investment

Honduras reserves, vis-á-vis the United States and the Dominican

Republic, the right to adopt or maintain any measure that accords

differential treatment to countries under any bilateral or

multilateral international agreement in force or signed prior to the

date of entry into force of this Agreement.

Honduras reserves the right to adopt or maintain any measure that

accords differential treatment to countries under any bilateral or

multilateral international agreement in force or signed after the

date of entry into force of this Agreement involving:

(a) aviation;

(b) fisheries; or

(c) maritime matters, including salvage.

 

 

ANNEX II, Schedule of Honduras

 

 

II-HO-3

Sector: Agronomists

 

Obligations Concerned: National Treatment (Article 11.2)

 Most-Favored-Nation Treatment (Article 11.3)

 Local Presence (Article 11.5)

 

Description: Cross-Border Services

Honduras reserves the right to adopt or maintain any measure that

pertains to obligatory membership in a professional association of

agronomists.

 

 

ANNEX II, Schedule of Honduras

 

 

II-HO-4

Sector: Social Workers

 

Obligations Concerned: National Treatment (Article 11.2)

 

Description: Cross-Border Services

Honduras reserves the right to adopt or maintain any measure that

pertains to obligatory membership in a professional association of

social workers. 

 

 

ANNEX II, Schedule of Honduras

 

 

II-HO-5

Sector: Chemists and Pharmacists

 

Obligations Concerned: National Treatment (Article 11.2)

 Most-Favored-Nation Treatment (Article 11.3)

 Local Presence (Article 11.5)

 

Description: Cross-Border Services

Honduras reserves the right to adopt or maintain any measure that

pertains to obligatory membership in a professional association of

chemists or pharmacists.  

ANNEX II, Schedule of Honduras

 

 

II-HO-6

Sector:  Social Services

 

Obligations Concerned: National Treatment (Article 11.2)

 Most-Favored-Nation Treatment (Article 11.3)

 Market Access (Article 11.4)

 Local Presence (Article 11.5)

 Senior Management and Boards of Directors (Article 10.10)

 

Description: Cross-Border Services and Investment

Honduras reserves the right to adopt or maintain any measure with

respect to the provision of law enforcement and correctional

services, and the following services to the extent they are social

services established or maintained for a public purpose:  income

security or insurance, social security or insurance, social welfare,

public education, public training, health, and child care.

 

ANNEX II, Schedule of Honduras

 

 

II-HO-7

Sector: Minority Affairs

 

Obligations Concerned: National Treatment (Articles 10.3 and 11.2)

 Local Presence (Article 11.5)

 Performance Requirements (Article 10.9)

 Senior Management and Boards of Directors (Article 10.10)

 

Description: Cross-Border Services and Investment

Honduras reserves the right to adopt or maintain any measure

according rights or preferences to socially or economically

disadvantaged minorities.

ANNEX II

 

Schedule of Nicaragua

 

II-NI-1

Sector: All Sectors

 

Obligations Concerned:  National Treatment (Article 10.3)

 Senior Management and Boards of Directors (Article 10.10)

 

Description: Investment

Nicaragua reserves the right to limit the transfer or disposal of any

interest held in an existing state enterprise, such that only a

Nicaraguan national may receive such interest.  However, the

preceding sentence pertains only to the initial transfer or disposal

of such interest.  Nicaragua does not reserve this right with respect

to subsequent transfers or disposals of such interest.  

Nicaragua reserves the right to limit control of any new enterprise

created by the transfer or disposal of any interest as described in

the preceding paragraph through means other than limitations on

the ownership of the interest.  Nicaragua also reserves the right to

adopt or maintain any measure related to the nationality of senior

management and members of the board of directors in such new

enterprise.  

ANNEX II, Schedule of Nicaragua

 

 

II-NI-2

Sector:  Minority Affairs and Indigenous Peoples

 

Obligations Concerned: National Treatment (Articles 10.3 and 11.2)

 Most-Favored-Nation Treatment (Articles 10.4 and 11.3)

 Local Presence (Article 11.5)

 Performance Requirements (Article 10.9)

 Senior Management and Boards of Directors (Article 10.10)

 

Description: Cross-Border Services and Investment

Nicaragua reserves the right to adopt or maintain any measure

granting rights or preferences to socially or economically

disadvantaged minorities and indigenous peoples.

 

ANNEX II, Schedule of Nicaragua

 

 

II-NI-3

Sector:    Communications

 

Obligations Concerned: Most-Favored-Nation Treatment (Articles 10.4 and 11.3)

 

Description: Cross-Border Services and Investment

Nicaragua reserves the right to adopt or maintain any measure that

accords differential treatment to persons of other countries due to

application of reciprocity measures or through international

agreements involving sharing of the radio spectrum, guaranteeing

market access, or national treatment with respect to the one-way

satellite transmission of direct-to-home (DTH) and direct

broadcasting satellite (DBS) television services and digital audio

services.  

 

     

ANNEX II, Schedule of Nicaragua

 

 

II-NI-4

Sector:  All Sectors 

 

Obligations Concerned: Most-Favored-Nation Treatment (Articles 10.4 and 11.3)

 

Description: Cross-Border Services and Investment

Nicaragua reserves, vis-à-vis the United States and the Dominican

Republic, the right to adopt or maintain any measure that accords

differential treatment to countries under any bilateral or

multilateral international agreement in force or signed prior to the

date of entry into force of this Agreement.

Nicaragua reserves the right to adopt or maintain any measure that

accords differential treatment to countries under any bilateral or

multilateral international agreement in force or signed after the

date of entry into force of this Agreement involving:

(a) aviation; 

(b) fisheries; or

(c) maritime matters, including salvage.

 

 

ANNEX II, Schedule of Nicaragua

 

 

II-NI-5

Sector:  Coastal Lands, Islands, and River Banks

 

Obligations Concerned: National Treatment (Article 10.3)

 

Description: Investment  

Nicaragua reserves the right to adopt or maintain any measure with

respect to coastal lands, islands, and river banks under the

possession of Nicaragua.   

 

ANNEX II, Schedule of Nicaragua

 

 

II-NI-6

Sector:  Social Services 

 

Obligations Concerned: National Treatment (Articles 10.3 and 11.2)

 Most-Favored-Nation Treatment (Articles 10.4 and 11.3)

 Local Presence (Article 11.5)

 Performance Requirements (Article 10.9)

 Senior Management and Boards of Directors (Article 10.10)

 

Description: Cross-Border Services and Investment

Nicaragua reserves the right to adopt or maintain any measure with

respect to the provision of law enforcement and correctional

services, and the following services to the extent they are social

services established or maintained for a public purpose:  income

security or insurance, social security or insurance, social welfare,

public education, public training, health, and child care.

 

ANNEX II

 

Schedule of the United States

 

II-US-1

Sector:   Communications

 

Obligations Concerned: Most-Favored-Nation Treatment (Articles 10.3 and 11.2)

 

Description:   Cross-Border Services and Investment

 

    The United States reserves the right to adopt or maintain any

measure that accords differential treatment to persons of other

countries due to application of reciprocity measures or through

international agreements involving sharing of the radio spectrum,

guaranteeing market access, or national treatment with respect to

the one-way satellite transmission of direct-to-home (DTH) and

direct broadcasting satellite (DBS) television services and digital

audio services.

 

ANNEX II, Schedule of the United States

 

 

II-US-2

Sector:   Communications - Cable Television

  

Obligations Concerned: National Treatment (Article 10.3)

    Most-Favored-Nation Treatment (Article 10.4)

    Senior Management and Boards of Directors (Article 10.10)

 

Description:    Investment

 

     The United States reserves the right to adopt or maintain any

measure that accords equivalent treatment to persons of any

country that limits ownership by persons of the United States in an

enterprise engaged in the operation of a cable television system in

that country.

 

ANNEX II, Schedule of the United States

 

 

II-US-3

Sector:   Social Services

  

Obligations Concerned: National Treatment (Articles 10.3 and 11.2)

    Most-Favored-Nation Treatment (Articles 10.4 and 11.3)

    Local Presence (Article 11.5)

    Performance Requirements (Article 10.9)

    Senior Management and Boards of Directors (Article 10.10)

    Market Access (Article 10.4)

 

Description:   Cross-Border Services and Investment

 

The United States reserves the right to adopt or maintain any

measure with respect to the provision of law enforcement and

correctional services, and the following services to the extent they

are social services established or maintained for a public purpose: 

income security or insurance, social security or insurance, social

welfare, public education, public training, health, and child care.

ANNEX II, Schedule of the United States

 

 

II-US-4

Sector:   Minority Affairs

 

Obligations Concerned: National Treatment (Articles 10.3 and 11.2)

    Local Presence (Article 11.5)

    Performance Requirements (Article 10.9)

    Senior Management and Boards of Directors (Article 10.10)

  

Description:   Cross-Border Services and Investment

 

The United States reserves the right to adopt or maintain any

measure according rights or preferences to socially or

economically disadvantaged minorities, including corporations

organized under the laws of the State of Alaska in accordance with

the Alaska Native Claims Settlement Act.

  

Existing Measures:  Alaska Native Claims Settlement Act, 43 U.S.C. §§ 1601 et seq.

ANNEX II, Schedule of the United States

 

 

II-US-5

Sector:   Transportation

   

Obligations Concerned: National Treatment (Articles 10.3 and 11.2)

    Most-Favored-Nation Treatment (Articles 10.4 and 11.3)

    Local Presence (Article 11.5)

    Performance Requirements (Article 10.9)

    Senior Management and Boards of Directors (Article 10.10)

 

Description:   Cross-Border Services and Investment 

 

    The United States reserves the right to adopt or maintain any

measure relating to the provision of maritime transportation

services and the operation of U.S.-flagged vessels, including the

following:

 

    (a) requirements for investment in, ownership and control of,

and operation of vessels and other marine structures,

including drill rigs, in maritime cabotage services,

including maritime cabotage services performed in the

domestic offshore trades, the coastwise trades, U.S.

territorial waters, waters above the continental shelf, and in

the inland waterways;

 

    (b) requirements for investment in, ownership and control of,

and operation of U.S.-flagged vessels in foreign trades;

 

    (c) requirements for investment in, ownership or control of,

and operation of vessels engaged in fishing and related

activities in U.S. territorial waters and the Exclusive

Economic Zone;  

 

    (d) requirements related to documenting a vessel under the

U.S. flag;

 

    (e) promotional programs, including tax benefits, available for

shipowners, operators, and vessels meeting certain

requirements;

 

    (f) certification, licensing, and citizenship requirements for

crew members on U.S.-flagged vessels;

 

    (g) manning requirements for U.S.-flagged vessels;

 

    (h) all matters under the jurisdiction of the Federal Maritime

Commission;

ANNEX II, Schedule of the United States

 

 

II-US-6

 

    (i) negotiation and implementation of bilateral and other

international maritime agreements and understandings;

 

    (j) limitations on longshore work performed by crew

members;

 

    (k) tonnage duties and light money assessments for entering

U.S. waters; and

 

    (l) certification, licensing, and citizenship requirements for

pilots performing pilotage services in U.S. territorial

waters.

 

    The following activities are not included in this reservation. 

However, the treatment provided to a Party under (b) is conditional

upon obtaining comparable market access in these sectors from

that Party:

 

    (a) vessel construction and repair; and

 

    (b) landside aspects of port activities, including operation and

maintenance of docks; loading and unloading of vessels

directly to or from land; marine cargo handling; operation

and maintenance of piers; ship cleaning; stevedoring;

transfer of cargo between vessels and trucks, trains,

pipelines, and wharves; waterfront terminal operations;

boat cleaning; canal operation; dismantling of vessels;

operation of marine railways for drydocking; marine

surveyors, except cargo; marine wrecking of vessels for

scrap; and ship classification societies. 

 

Existing Measures:   Merchant Marine Act of 1920, §§ 19 and 27, 46 U.S.C.

App. § 876 and § 883 et seq. 

     Jones Act Waiver Statute, 64 Stat 1120, 46 U.S.C. App.,

note preceding Section 1

     Shipping Act of 1916, 46 U.S.C. App. §§ 802 and 808

     Merchant Marine Act of 1936, 46 U.S.C. App. §§ 1151 et

seq., 1160-61, 1171 et seq., 1241(b), 1241-1, 1244, and

1271 et seq.

     Merchant Ship Sales Act of 1946, 50 U.S.C. App. § 1738

     46 U.S.C. App. §§ 121, 292, and 316

     46 U.S.C. §§ 12101 et seq. and 31301 et seq.

     46 U.S.C. §§ 8904 and 31328(2)

     Passenger Vessel Act, 46 U.S.C. App. § 289

ANNEX II, Schedule of the United States

 

 

II-US-7

     42 U.S.C. §§ 9601 et seq.; 33 U.S.C. §§ 2701 et seq.; 33

U.S.C. §§ 1251 et seq.

     46 U.S.C. §§ 3301 et seq., 3701 et seq., 8103, and 12107(b)

     Shipping Act of 1984, 46 U.S.C. App. §§ 1708 and 1712

     The Foreign Shipping Practices Act of 1988, 46 U.S.C.

App. § 1710a

     Merchant Marine Act, 1920, 46 U.S.C. App. §§ 861 et seq.

     Shipping Act of 1984, 46 U.S.C. App. §§ 1701 et seq.

     Alaska North Slope, 104 Pub. L. 58; 109 Stat. 557

     Longshore restrictions and reciprocity, 8 U.S.C. §§ 1101 et

seq.

     Vessel escort provisions, Section 1119 of Pub. L. 106-554,

as amended

     Nicholson Act, 46 U.S.C. App. § 251

     Commercial Fishing Industry Vessel Anti-Reflagging Act of

1987, 46 U.S.C. § 2101 and 46 U.S.C. § 12108

     43 U.S.C. § 1841

     22 U.S.C. § 1980

     Intercoastal Shipping Act, 46 U.S.C. App. § 843

     46 U.S.C. § 9302, 46 U.S.C. § 8502; Agreement Governing

the Operation of Pilotage on the Great Lakes, Exchange of

Notes at Ottawa, August 23, 1978, and March 29, 1979,

TIAS 9445

     Magnuson Fishery Conservation and Management Act, 16

U.S.C. §§ 1801 et seq.

     19 U.S.C. § 1466

     North Pacific Anadramous Stocks Convention Act of 1972,

P.L. 102-587; Oceans Act of 1992, Title VII

     Tuna Convention Act, 16 U.S.C. §§ 951 et seq.

     South Pacific Tuna Act of 1988, 16 U.S.C. §§ 973 et seq.

     Northern Pacific Halibut Act of 1982, 16 U.S.C. §§ 773 et

seq.

     Atlantic Tunas Convention Act, 16 U.S.C. §§ 971 et seq.

     Antarctic Marine Living Resources Convention Act of

1984, 16 U.S.C. §§ 2431 et seq.

     Pacific Salmon Treaty Act of 1985, 16 U.S.C. §§ 3631 et

seq.

     American Fisheries Act, 46 U.S.C. § 12102(c) and 46

U.S.C. § 31322(a)

ANNEX II, Schedule of the United States

 

 

II-US-8

Sector:   All

 

Obligations Concerned: Market Access (Article 11.4)

 

Description:   Cross-Border Services

 

    The United States reserves the right to adopt or maintain any

measure that is not inconsistent with the United States’ obligations

under Article XVI of the General Agreement on Trade in Services.

ANNEX II, Schedule of the United States

 

 

II-US-9

Sector:   All

 

Obligations Concerned: Most-Favored-Nation Treatment (Articles 10.4 and 11.3)

 

Description:   Cross-Border Services and Investment

 

    The United States reserves the right to adopt or maintain any

measure that accords differential treatment to countries under any

bilateral or multilateral international agreement in force or signed

prior to the date of entry into force of this Agreement.

 

    The United States reserves the right to adopt or maintain any

measure that accords differential treatment to countries under any

bilateral or multilateral international agreement in force or signed

after the date of entry into force of this Agreement involving:

 

    (a) aviation;

 

    (b) fisheries; or

 

    (c) maritime matters, including salvage.