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North American Free Trade Agreement
Annex II: Reservations for Future Measures (Chapters 11, 12, and 14)
Schedule of United States
| Sector: |
All Sectors |
| Sub-Sector: |
| Industry Classification: |
| Type of Reservation: |
National Treatment (Article 1102)
Most-Favored-Nation Treatment (Article 1103) |
| Description: |
Investment
The United States reserves the right to adopt or maintain any
measure relating to residency requirements for the ownership by
investors of Canada, or their investments, of oceanfront land. |
| Existing Measures: |
| Sector: |
Communications |
| Sub-Sector: |
Cable Television |
| Industry Classification: |
CPC 753 |
Radio and Television Cable Services |
| Type of Reservation: |
National Treatment (Article 1102)
Most-Favored-Nation Treatment (Article 1103) |
| Description: |
Investment
Subject to Article 2106, 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. |
| Existing Measures: |
| Sector: |
Communications |
| Sub-Sector: |
Telecommunications Transport Networks and Services and Radiocommunications |
| Industry Classification: |
CPC 752
CPC 7543
CPC 7549 |
Telecommunications Services (not including enhanced or
valueadded services)
Connection Services
Other Telecommunications Services Not Elsewhere Classified
(limited to telecommunications transport networks and services) |
| Type of Reservation: |
National Treatment (Articles 1102, 1202)
Most-Favored-Nation Treatment (Articles 1103, 1203)
Local Presence (Article 1205)
Senior Management and Boards of Directors (Article 1107) |
| Description: |
Cross-Border Services and Investment
The United States reserves the right to adopt or maintain any
measure relating to investment in, or the provision of, telecommunications
transport networks, telecommunications transport services or radiocommunications.
These measures may apply to such matters as market entry, spectrum
assignment, tariffs, intercarrier agreements, terms and conditions
of service, and interconnection between networks and services.
Telecommunications transport services typically involve the realtime
transmission of customersupplied information between two or more
points without endtoend change in the form or content of the customer's
information, whether or not such services are offered to the public
generally.
These services include voice and data services provided by any
electromagnetic means. Radiocommunications include all communications
by radio, including broadcasting. This reservation does not apply
to measures relating to enhanced or valueadded services or to
the production, sale or licensing of radio or television programming. |
| Existing Measures: |
Communications Act of 1934, 47 U.S.C. §§ 151 et seq., see particularly §§
310(a), (b) (radio licenses for common carrier, aeronautical en
route, aeronautical fixed, and broadcasting services)
F.C.C. Decision, International Competitive Carrier, 102 F.C.C. 2d 812 (1985), as
modified in Regulation of International Common Carrier Services,
CC Docket No. 91-360, FCC 92-463 (released November 6, 1992)
Submarine Cable Landing Act, 47 U.S.C. § 34-9, see particularly §
35 (undersea cables)
Communications Satellite Act of 1962, 47
U.S.C. §§ 701-57
Telegraph Act, 47 U.S.C. § 17 (telegraph cables serving Alaska)
Children's Television Act of 1990, 47 U.S.C. § 303a
Television Program Improvement Act of 1990, 47 U.S.C. § 303c |
| Sector: |
Social Services |
| Sub-Sector: |
| Industry Classification: |
| Type of Reservation: |
National Treatment (Articles 1102, 1202)
Local Presence (Article 1205)
Senior Management and Boards of Directors (Article 1107) |
| Description: |
Cross-Border Services and Investment
The United States reserves the right to adopt or maintain any
measure with respect to the provision of public 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. |
| Existing Measures: |
| Sector: |
Minority Affairs |
| Sub-Sector: |
| Industry Classification: |
| Type of Reservation: |
National Treatment (Articles 1102, 1202)
Local Presence (Article 1205)
Performance Requirements (Article 1106)
Senior Management and Boards of Directors (Article 1107) |
| 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. |
| Sector: |
Professional Services |
| Sub-Sector: |
Legal Services |
| Industry Classification: |
SIC 8111 |
Legal Services |
| Type of Reservation: |
National Treatment (Articles 1102, 1202)
Most-Favored-Nation Treatment (Articles 1103, 1203)
Local Presence (Article 1205)
Senior Management and Boards of Directors (Article 1107)
|
| Description: |
Cross-Border Services and Investment
Subject to Schedule of the United States, Annex VI, page VIU2,
the United States reserves the right to adopt or maintain any
measure relating to the provision of legal services, including
foreign legal consultancy services, by persons of Mexico.
|
| Existing Measures: |
| Sector: |
Publishing |
| Sub-Sector: |
Newspaper Publishing |
| Industry Classification: |
SIC 2711 |
Newspapers: Publishing, or Publishing and Printing
|
| Type of Reservation: |
National Treatment (Article 1102)
Most-Favored-Nation Treatment (Article 1103)
|
| Description: |
Investment
Subject to Article 2106, 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 publication
of daily newspapers primarily written for audiences and distributed
in that country.
For purposes of this reservation, daily newspapers
are newspapers published at least five days each week.
|
| Existing Measures: |
| Sector: |
Transportation |
| Sub-Sector: |
Water Transportation |
| Industry Classification: |
SIC 091 |
Commercial Fishing (limited to fishing vessels and fishing
operations within the Exclusive Economic Zone) |
|
SIC 1629 |
Heavy Construction, Not Elsewhere Classified (limited
to marine dredging) |
|
SIC 4412 |
Deep Sea Foreign Transportation of Freight (limited to
promotional programs for U.S.flagged vessels) |
|
SIC 4424 |
Deep Sea Domestic Transportation of Freight (includes
coastwise transportation of freight, deep sea domestic freight
transportation, intercoastal transportation of freight, water
transportation of freight to non-contiguous territories) |
|
SIC 4432 |
Freight Transportation on the Great Lakes and St. Lawrence
Seaway |
|
SIC 4449 |
Water Transportation of Freight, Not Elsewhere Classified
(includes canal barge operations, canal freight transportation,
intracoastal freight transportation, lake freight transportation
except on the Great Lakes, log rafting and towing, river freight
transportation except on the St. Lawrence Seaway, transportation
of freight on bays and sounds of the oceans)
|
|
SIC 4481 |
Deep Sea Transportation of Passengers, Except by Ferry
(limited to promotional programs for U.S.flagged vessels) |
|
SIC 4482 |
Ferries |
|
SIC 4489 |
Water Transportation of Passengers, Not Elsewhere Classified
(includes airboats, swamp buggy rides, excursion boat operations,
passenger water transportation on rivers and canals, sightseeing
boats, water taxis) |
|
SIC 4491 |
Marine Cargo Handling (limited to crew activities aboard
vessels transporting supplies and cargo within U.S. territorial
waters and longshore work performed by crew affected by reciprocity
restrictions) |
|
SIC 4492 |
Towing and Tugboat Services |
|
SIC 4499 |
Water Transportation Services, Not Elsewhere Classified
(limited to cargo salvaging, chartering of commercial boats, lighterage,
bunkering, marine salvage, pilotage, steamship leasing, cable
laying) |
| Type of Reservation: |
National Treatment (Articles 1102, 1202)
Most-Favored-Nation Treatment (Articles 1103, 1203)
Local Presence (Article 1205)
Performance Requirements (Article 1106)
Senior Management and Boards of Directors (Article 1107) |
| 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;
(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:
(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 App. U.S.C. § 876 and
§ 883 et seq.
Jones Act Waiver Statute, 64 Stat 1120, 46 App. U.S.C., note preceding Section 1
Shipping Act of 1916, 46 App. U.S.C. §§
802 and 808
Merchant Marine Act of 1936, 46 App. U.S.C. §§ 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 App. U.S.C. §§ 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 App. U.S.C. § 289
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 App. U.S.C. §§ 1708 and 1712
Nicholson Act, 46 App. U.S.C. §§ 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.
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Continue on to Annex III: Activites Reserved to the State: Schedule of Mexico
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