ANNEX II 1. The Schedule of a Party sets out the reservations taken by that Party, pursuant to Articles 1108(4) and 1206(4), with respect to specific sectors, sub-sectors or activities for which it may maintain existing, non-conforming measures or adopt new or more restrictive measures. Such measures may derogate from an obligation relating to: (a) national treatment, pursuant to Article 1102 (Investment) or 1202 (Services); (b) most-favored-nation treatment, pursuant to Article 1103 (Investment) or 1203 (Services); (c) local presence, pursuant to Article 1205 (Services); (d) performance requirements, pursuant to Article 1106 (Investment); or (e) nationality requirements for senior management or members of boards of directors, pursuant to Article 1107 (Investment). 2. Each reservation sets out the following elements: (a) SECTOR refers to the general sector in which the reservation is taken; (b) SUB-SECTOR refers to the specific sector in which the reservation is taken; (c) INDUSTRY CLASSIFICATION refers to the activity, where appropriate, covered by the reservation according to domestic industry classification codes; (d) TYPE OF RESERVATION specifies the obligation referred to in paragraph 1 for which a reservation is taken; (e) DESCRIPTION describes the scope of the sector, sub-sector or activities covered by the reservation; and (f) LEGAL CITATION OF EXISTING MEASURES identifies existing measures that apply to the sector, sub-sector or activities covered by the reservation. 3. In the interpretation of a reservation, all elements of the reservation should be considered. In the event of any inconsistency between DESCRIPTION and any other element of the reservation, the DESCRIPTION shall govern to the extent of the inconsistency. 4. For purposes of this Annex: CMAP means Clasificaci¢n Mexicana de Actividades y Productos; CPC means Central Product Classification numbers as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No. 77, Provisional Central Product Classification, 1991; Mexican enterprise means an enterprise constituted under the laws of Mexico; Mexican national means a national of Mexico, as defined by the Constitution of Mexico; person of a Party means a national or an enterprise of a Party; and SIC means: (a) with respect to Canada, Standard Industrial Classification (SIC) numbers as set out in Statistics Canada, Standard Industrial Classification, fourth edition, 1980; and (b) with respect to the United States, Standard Industrial Classification (SIC) numbers as set out in the United States Office of Management and Budget, Standard Industrial Classification Manual, 1987. ANNEX II Schedule of United States SECTOR: Communication SUB-SECTOR: Cable Television INDUSTRY CLASSIFICATION: SIC 4841 Cable and Other Pay Television 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. LEGAL CITATION OF EXISTING MEASURES: None ============================================================================= ANNEX II Schedule of United States SECTOR: Communications SUB-SECTOR: Telecommunications Transport Networks and Services and Radio Communications INDUSTRY CLASSIFICATION: CPC 752 Telecommunications Services (Not Including CPC 752323 Value-Added Network Services or CPC 752329 Other Message Services) TYPE OF RESERVATION: National Treatment (Articles 1102, 1202) Most-Favored-Nation Treatment (Articles 1103, 1203) Local Presence (Article 1205) Senior Management (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 and telecommunications transport services or to radio communications. These measures 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 real- time transmission of customer-supplied information between two or more points without end-to-end 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. Radio communications include all communications by radio, including broadcasting. This reservation does not apply to measures relating to enhanced or value-added services. LEGAL CITATION OF EXISTING MEASURES: Communications Act of 1934, as amended, 47 U.S.C. 151 et seq., see particularly 310(a), (b) (1988) (radio licenses for common carrier, aeronautical en route, aeronautical en route, aeronautical fixed, and broadcasting services), and any Federal Communications Commission rules or policies adopted pursuant to Title 47 of the United States Code, including F.C.C. Decision, International Competitive Carrier, 102 F.C.C. 2d 812 (1985) An Act relating to the Landing and Operation of Submarine Cables in the United States, as amended, 47 U.S.C. 34-9 (1988), see particularly 35 (Submarine Cable Landing Act) (undersea cables) Communications Satellite Act of 1962, as amended, 47 U.S.C. 701-57 (1988) Telegraph Act, as amended, 47 U.S.C. 17 (1988) (telegraph cables serving Alaska) Children's Television Act of 1990, 47 U.S.C. 303a (1990) Television Program Improvement Act of 1990, 47 U.S.C. 303c (1990) ============================================================================= ANNEX II Schedule of United States SECTOR: Social Services SUB-SECTOR: INDUSTRY CLASSIFICATION: TYPE OF RESERVATION: National Treatment (Articles 1102, 1202) Local Presence (Article 1205) Senior Management (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. LEGAL CITATION OF EXISTING MEASURES: ============================================================================= ANNEX II Schedule of the United States 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 (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 (43 U.S.C. 1601 et seq.) ============================================================================= ANNEX II Schedule of United States SECTOR: Professional Services SUB-SECTOR: Attorneys 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 (Article 1107) DESCRIPTION: Cross-Border Services and Investment Subject to page VI-U-3, 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. LEGAL CITATION OF EXISTING MEASURES: None ============================================================================= ANNEX II Schedule of the United States 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. LEGAL CITATION OF EXISTING MEASURES: None ============================================================================= ANNEX II Schedule of the United States SECTOR: Transportation SUB-SECTOR: Water Transportation INDUSTRY CLASSIFICATION: SIC 4412 Deep Sea Foreign Transportation of Freight (limited to promotional programs) 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 noncontiguous 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) 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 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) 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 1629 Heavy Construction, Not Elsewhere Classified (limited to marine dredging) SIC 091 Commercial Fishing (limited to fishing vessels and fishing operations within the Exclusive Economic Zone) 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 (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 and control of, and operation of vessels engaging in fishing and related activities in U.S. territorial waters and the Exclusive Economic Zone (EEZ); (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 of U.S.-flagged vessels; (h) all matters falling 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 a ship and trucks, trains, pipelines and wharves, waterfront terminal operations, boat cleaning, canal operation, dismantling of ships, operation of marine railways for drydocking, marine surveyors, except cargo, marine wrecking of ships for scrap and ship classification societies. LEGAL CITATION OF EXISTING MEASURES: Merchant Marine Act of 1920, 27, 46 App. U.S.C. 883 et seq. (Jones Act, including Bowaters Corporations, 46 App. U.S.C. 883-1); Jones Act Waiver Statute, Act of December 27, 1950, 46 U.S.C. App., note preceding Sec. 1; Shipping Act of 1916, 9, 46 U.S.C. App. 808; Shipping Act of 1916, 2, 46 U.S.C. App. 802; Merchant Marine Act of 1936, 905(c), 46 U.S.C. App. 1244; Merchant Ship Sales Act of 1946, 50 U.S.C. App. 1738; 46 U.S.C. App. 292; 46 U.S.C. 12101 et seq. and 31301 et seq.; 46 U.S.C. App. 316 and 8904; Passenger Vessel Act, 46 U.S.C. 289; Merchant Marine Act of 1936, Title VI, 46 U.S.C. App. 1171, et seq. (includes Capital Construction Fund -- 46 App. U.S.C. 1177, 26 U.S.C. 7518) and the Merchant Marine Act of 1936, Title V, 46 U.S.C. App. 1151, et seq. (includes Capital Reserves Fund, 46 App. U.S.C. 1161 and trade in of obsolete vessels, 46 App. U.S.C. 1160(1) and for National Defense Reserve Fleet, 46 App. 1160(i)); 46 U.S.C. 31328(2); Merchant Marine Act of 1936, Title XI, 46 U.S.C. App. 1271, et seq. (includes Marine Hull Insurance Requirements -- 46 App. U.S.C. 1273(b) and 46 U.S.C. Part 249); Tonnage Duties, 46 App. U.S.C. 121; Merchant Marine Act of 1936, 901(a) and (b), 46 App. U.S.C. 1241(b); Public Resolution 17, 46 App. U.S.C. 1241-1; and the Cargo Preference Act of 1904, 10 U.S.C. 2631; Environmental laws: CERCLA (superfund) 42 U.S.C. 9601 et seq.; and Oil Pollution Act of 1990, 33 U.S.C. 2701; Clean Water Act, 33 U.S.C. 1251 et seq.; 46 U.S.C. 3301 et seq.; 46 U.S.C. 3701, et seq.; Controlled Carrier Act, Shipping Act of 1984, 9, 46 App U.S.C. 1708; Merchant Marine Act of 1920, 19 as amended, 46 App. U.S.C. 876; Shipping Act of 1984, 13(b)(5); 46 App. U.S.C. 1712 (b)(5); and the Foreign Shipping Practices Act of 1988; Omnibus Trade and Competitiveness Act of 1988, Title X, 46 App. U.S.C. 1710a; Immigration Act of 1990, 203, 8 U.S.C. 1288, restrictions on stevedoring by crews of foreign vessels; 46 U.S.C. 8103; 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 App. U.S.C. 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, Treaties and International Agreements Service 9445; 46 U.S.C. 12107(b); and Magnuson Fisheries Conservation and Management Act, 16 U.S.C. 1801, et seq. ANNEX II Schedule of Canada SECTOR: Aboriginal Affairs SUB-SECTOR: INDUSTRY CLASSIFICATION: 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 (Article 1107) DESCRIPTION:Investment and Cross-Border Services Canada reserves the right to adopt or maintain any measure denying investors of another Party and their investments, or service providers of another Party, any rights or preferences provided to aboriginal peoples. LEGAL CITATION OF EXISTING MEASURES: [Constitution Act, 1982 and any relevant legislation or policy] ============================================================================= ANNEX II Schedule of Canada SECTOR: Social Services SUB-SECTOR: INDUSTRY CLASSIFICATION: TYPE OF RESERVATION: National Treatment (Articles 1102, 1202) Local Presence (Article 1205) Senior Management (Article 1107) DESCRIPTION: Investment and Cross-Border Services Canada 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 that 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. LEGAL CITATION OF EXISTING MEASURES: ============================================================================= ANNEX II Schedule of Canada SECTOR: Communications SUB-SECTOR: Telecommunications Transport Networks and Services, Radiocommunications and Submarine Cables INDUSTRY CLASSIFICATION: CPC 752 Telecommunications Services TYPE OF RESERVATION: National Treatment (Article 1102) Most-Favored-Nation Treatment (Article 1103) Senior Management (Article 1107) DESCRIPTION: Investment Canada reserves the right to adopt or maintain any measure relating to investment in telecommunications transport networks and telecommunications transport services, radiocommunications and submarine cables, including ownership restrictions and measures concerning corporate officers and directors and place of incorporation. This reservation does not apply to providers of Value-Added Networks (CPC 752323) and Other Message Services (CPC 752329) whose underlying telecommunications transmission facilities are leased from providers of public telecommunications transport networks. LEGAL CITATION OF EXISTING MEASURES: Bell Canada Act, S.C. 1987, c.19 British Columbia Telephone Company Special Act, S.C. 1916, c.66 Teleglobe Canada Reorganization and Divestiture Act, R.S.C. 1985, c.T-4 Telesat Canada Act, R.S.C. 1985, c.T-6 Radiocommunication Act, R.S.C. 1985, c.R-2; as amended by S.C.1989 c.1, c.17 Telegraphs Act R.S.C. 1985, c.T-5 Telecommunications Policy Framework, 1987 Telecommunications Act (Bill C-62) ============================================================================= ANNEX II Schedule of Canada SECTOR: Communications SUB-SECTOR: Telecommunications Transport Networks and Services, Radiocommunications and Submarine Cables INDUSTRY CLASSIFICATION: CPC 752 Telecommunication Services (not including CPC 752323 value-Added Network Service or CPC 752329 Other Message Services) TYPE OF RESERVATION: National Treatment (Article 1202) Most-Favored-Nation Treatment (Article 1203) Local Presence (Article 1205) DESCRIPTION: Cross-Border Services Canada reserves the right to adopt or maintain any measure relating to radio-communications, submarine cables, and the provision of telecommunications transport networks and telecommunications transport services. These measures apply to such matters as market entry, spectrum assignment, tariffs, intercarrier agreements, terms and conditions of service, interconnection between networks and services, and routing requirements that impede the provision of telecommunications transport networks and telecommunications transport services, radio communication and submarine cables, on a cross-border basis. Telecommunications transport services typically involve the real-time transmission of customer-supplied information between two or more points without any end-to-end 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 by wire, radiocommunication or any other electromagnetic means of transmission. This reservation does not apply to measures relating to the cross-border provision of enhanced or value-added services. LEGAL CITATION OF EXISTING MEASURES: Bell Canada Act, S.C. 1987, c. 19 British Columbia Telephone Company Special Act, S.C. 1916, c.66 Railway Act, R.S.C. 1985, c.R-3 Radiocommunication Act, R.S.C. 1985, c.R-2; as amended by S.C. 1989, c.1, c.17 Telegraphs Act, R.S.C. 1985, c.T-5 Telecommunications Policy Framework, 1987 Telecommunications Act (Bill C-62) CRTC Decisions, including (85-19), (90-3), (91-10), (91-21), (92-11), (92-12) ============================================================================= Annex II Schedule of Canada SECTOR: Government Finance SUB-SECTOR: Securities INDUSTRY CLASSIFICATION: TYPE OF RESERVATION: National Treatment (Article 1102) DESCRIPTION: Investment Canada reserves the right to adopt or maintain any measure relating to the acquisition or sale or other disposition of bonds, treasury bills, or other kinds of debt securities issued by the Government of Canada, a province or local government by nationals of another Party. LEGAL CITATION OF EXISTING MEASURES: Financial Administrative Act, R.S.C., 1985, Chap. F-11 ============================================================================ ANNEX II Schedule of Canada 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 (Article 1107) DESCRIPTION: Cross-Border Services and Investment Canada reserves the right to adopt or maintain any measure according rights or preferences to socially or economically disadvantaged minorities. LEGAL CITATION OF EXISTING MEASURES: None ============================================================================= ANNEX II Schedule of Canada SECTOR: Transportation SUB-SECTOR: Air Transportation INDUSTRY CLASSIFICATION: SIC 4513 Non-Scheduled Air Transport, Specialty Industry TYPE OF RESERVATION: National Treatment (Article 1102) Most-Favored-Nation Treatment (Article 1103) Senior Management (Article 1107) DESCRIPTION: Investment Canada reserves the right to adopt or maintain any measure that restricts the acquisition or establishment of an investment in Canada for the provision of specialty air services to a Canadian national or a corporation incorporated and having its principal place of business in Canada, its chief executive officer and not fewer than 2/3 of its directors as Canadian nationals, and not less than 75% of its voting interest owned and controlled by persons otherwise meeting these requirements. LEGAL CITATION OF EXISTING MEASURES: Aeronautics Act, R.S.C., 1985, c. A-2 Air Regulations, C.R.C., Vol.I, c.2 Air Regulations Series 2, No.2 (Aircraft Marking and Registration Regulations), SOR/90-591 ============================================================================= ANNEX II Schedule of Canada SECTOR: Transportation SUB-SECTOR: Water Transportation INDUSTRY CLASSIFICATION: SIC 4541 Freight and Passenger Water Transport Industry SIC 4542 Ferry Industry SIC 4543 Marine Towing Industry SIC 4549 Other Water Transport Industries SIC 4552 Harbour and Port Operation Industries SIC 4553 Marine Salvage Industry SIC 4554 Piloting Service, Water Transport Industry SIC 4559 Other Service Industries Incidental to Water Transport 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 (Article 1107) DESCRIPTION: Cross-Border Services and Investment Canada reserves the right to adopt or maintain any measure relating to the investment in or provision of maritime cabotage services, including: (a) the transportation of goods or passengers by vessel between points in the territory of Canada and the Exclusive Economic Zone; (b) with respect to waters above the continental shelf, the transportation of goods in relation to the exploration, exploitation, or transportation of the mineral or non-living natural resources of the continental shelf; and (c) the engaging by vessel in any maritime activity of a commercial nature in the territory of Canada and the Exclusive Economic Zone and, with respect to waters above the continental shelf, in such other maritime activities of a commercial nature in relation to the exploration, exploitation or transportation of mineral or non- living natural resources of the continental shelf. This reservation relates to, among other things, local presence requirements for service providers entitled to participate in these activities, the criteria for the issuance of a temporary cabotage license to foreign vessels, and limits on the number of cabotage licenses issued to foreign vessels. LEGAL CITATION OF EXISTING MEASURES: Coasting Trade Act, S.C., 1992, c. 31 Canada Shipping Act, R.S.C., 1985, c. S-9 Customs Act, R.S.C., 1985, c.1 (2nd Supp.) Customs and Excise Offshore Application Act, R.S.C., 1985, c. C-53 ============================================================================= ANNEX II Schedule of Canada SECTOR: Transportation SUB-SECTOR: Water Transportation INDUSTRY CLASSIFICATION: SIC 4541 Freight and Passenger Water Transport Industry SIC 4542 Ferry Industry SIC 4543 Marine Towing Industry SIC 4549 Other Marine Transport Industries SIC 4551 Marine Cargo Handling Industry SIC 4552 Harbour and Port OperationIndustry SIC 4553 Marine Salvage Industry SIC 4554 Piloting Service, Water Transport Industry SIC 4559 Other Service Industries Incidental to Water Transport 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 (Article 1107) DESCRIPTION: Cross-Border Services and Investment Canada reserves the right to adopt or maintain any measure denying service providers or investors of the United States, or their investments, the benefits accorded service providers or investors of Mexico or any other country, or their investments, in sectors equivalent to those subject to the maritime services reservation inscribed in page II-U-8. LEGAL CITATION OF EXISTING MEASURES: None ============================================================================= ANNEX II Schedule of Canada SECTOR: Transportation SUB-SECTOR: Water Transportation INDUSTRY CLASSIFICATION: SIC 4541 Freight and Passenger Water Transport Industry SIC 4542 Ferry Industry SIC 4543 Marine Towing Industry SIC 4549 Other Marine Transport Industries SIC 4551 Marine Cargo Handling Industry SIC 4552 Harbour and Port Operation Industry SIC 4553 Marine Salvage Industry SIC 4554 Piloting Service, Water Transport Industry SIC 4559 Other Service Industries Incidental to Water Transport TYPE OF RESERVATION: National Treatment (Article 1202) Most-Favored-Nation Treatment (Article 1203) Local Presence (Article 1205) DESCRIPTION: Cross-Border Services Canada reserves the right to adopt or maintain any measure relating to the implemention of agreements, arrangements and other formal or informal undertakings with other countries with respect to maritime activities in waters of mutual interest in such areas as pollution control (including double hull requirements for oil tankers), safe navigation, barge inspection standards, water quality, pilotage, salvage, drug abuse control, and maritime communications. LEGAL CITATION OF EXISTING MEASURES: United States Wreckers Act, R.S.C. 1985, c. U-3 Various Agreements and Arrangements, including: (a) Memorandum or Arrangement on Great Lakes Pilotage; (b) Canada-United-States Joint Marine Pollution Circumpolar Agreement; (c) Agreement with the United States on Loran "C" Service on the East and West Coasts; and (d) Denmark - Canada Joint Marine Pollution Circumpolar Agreement. ANNEX II Schedule of Mexico SECTOR: All sectors SUB-SECTOR: All sub-sectors INDUSTRY CLASSIFICATION: TYPE OF RESERVATION: National Treatment (Articles 1102, 1202) DESCRIPTION: Cross-Border Services and Investment Mexico reserves the right to adopt or maintain any measure restricting the ownership of bonds, treasury bills or any other kind of debt or security issued by the federal, state or local governments except with respect to ownership by financial institutions of another Party, as such term is defined in Chapter Fourteen (Financial Services). LEGAL CITATION OF EXISTING MEASURES: ============================================================================= ANNEX II Schedule of Mexico SECTOR: Communications SUB-SECTOR: Entertainment Services (Broadcasting and Multipoint Distribution Systems (MDS)) INDUSTRY CLASSIFICATION: CMAP 941104 Private Production and Transmission of Radio Programs (Limited to Transmission of Radio Programs, MDS and uninterrupted music) CMAP 941105 Private Services of Production, Transmission and Repetition of Television Programming (Limited to Transmission and Repetition of Television Programs, MDS, and High-Definition Television) TYPE OF RESERVATION: National Treatment (Articles 1102, 1202) Most-Favored-Nation (Articles 1103, 1203) Local Presence (Article 1205) Senior Management (Article 1106) DESCRIPTION: Cross-Border Services and Investment Mexico reserves the right to adopt or maintain any measure relating to investment in or provision of broadcasting, multipoint distribution systems, uninterrupted music and high-definition television services. LEGAL CITATION OF EXISTING MEASURES: Constituci¢n Pol¡tica de los Estados Unidos Mexicanos (United Mexican States Political Constitution) Ley de V¡as Generales de Comunicaci¢n (General Means of Communication Law) Ley Federal de Radio y Televisi¢n (Radio and Television Federal Law) Ley Para Promover la Inversi¢n Mexicana y Regular la Inversi¢n Extranjera (Law to Promote Mexican Investment and to Regulate Foreign Investment) ============================================================================= ANNEX II Schedule of Mexico SECTOR: Communications SUB-SECTOR: Telecommunications INDUSTRY CLASSIFICATION: CMAP 720006 Other Telecommunications Services (Limited to Aeronautical Mobile and Fixed Services) TYPE OF RESERVATION: National Treatment (Articles 1102, 1202) Most-Favored-Nation (Articles 1103, 1203) Local Presence (Article 1205) DESCRIPTION: Cross-Border Services and Investment Mexico reserves the right to adopt or maintain any measure relating to investment in or provision of air traffic control, aeronautical meteorology, aeronautical telecommunications, flight control and other telecommunication services relating to air navigation services. LEGAL CITATION OF EXISTING MEASURES: Constituci¢n Pol¡tica de los Estados Unidos Mexicanos (United Mexican States Political Constitution) Ley de V¡as Generales de Comunicaci¢n (General Means of Communication Law) Decree creating the entity "Servicios a la navegaci¢n en el espacio a‚reo mexicano" (SENEAM) (Air Services in the Mexican Air Space), 3 de octubre de 1978 Ley para Promover la Inversi¢n Mexicana y Regular la Inversi¢n Extranjera (Law to Promote Mexican Investment and to Regulate Foreign Investment) Reglamento de la Ley para Promover la Inversi¢n Mexicana y Regular la Inversi¢n Extranjera (Regulations of the Law to Promote Mexican Investment and to Regulate Foreign Investment) ============================================================================= ANNEX II Schedule of Mexico SECTOR: Communications SUB-SECTOR: Telecommunications Transport Networks INDUSTRY CLASSIFICATION: CMAP 720003 Telephone Services CMAP 720004 Telephone Booth Services CMAP 720006 Other Telecommunications Services (Not Including Enhanced or Value-Added Services) CMAP 502003 Telecommunications installations TYPE OF RESERVATION: National Treatment (Articles 1102, 1202) Most-Favored-Nation (Articles 1103, 1203) Local Presence (Article 1205) DESCRIPTION: Cross-Border Services and Investment Mexico reserves the right to adopt or maintain any measure relating to investment in, or provision of, telecommunications transport networks and telecommunication transport services. Telecommunications transport networks include the facilities to provide telecommunications transport services such as local basic telephone services, long-distance telephone services (national and international), rural telephone services, cellular telephone services, telephone booth services, satellite services, trunking, paging, mobile telephony, maritime telecommunication services, air telephone, telex, and data transmission services. Telecommunications transport services typically involve the real-time transmission of customer-supplied information between two or more points without any end-to-end change in the form or content of the customer's information, whether or not such services are offered to the public generally. LEGAL CITATION OF EXISTING MEASURES: Constituci¢n Pol¡tica de los Estados Unidos Mexicanos (United Mexican States Political Constitution) Ley de V¡as Generales de Comunicaci¢n (General Means of Communication Law) Reglamento de Telecomunicaciones (Telecommunications Regulations) Reglamento de la Ley para Promover la Inversi¢n Mexicana y Regular la Inversi¢n Extranjera (Regulations of the Law to Promote Mexican Investment and to Regulate Foreign Investment) ============================================================================= ANNEX II Schedule of Mexico SECTOR: Communications and Transportation SUB-SECTOR: Postal Services, Telecommunications, Railroads INDUSTRY CLASSIFICATION: CMAP 720001 Postal Services CMAP 720005 Telegraphic Services, Radiotelegraphic Services, Wireless Telegraphy CMAP 720006 Other Telecommunications services (limited to satellite communications) CMAP 711101 Railway Transportation Service (limited to operation, administration and control of traffic within the Mexican railway system, supervision and management of railway rights-of-way, construction, operation, and maintenance of basic railway infrastructure) TYPE OF RESERVATION: National Treatment (Article 1202) Most-favored-Nation Treatment (Article 1203) Local Presence (Article 1205) DESCRIPTION: Cross-Border Services Mexico reserves the right to adopt or mantain any measure related to the provision of the following services: postal services (operation, administration and organization of first class mail), telegraph, radiotelegraphy, satellite communications (establishment, ownership and operation of satellite systems, and establishment, ownership and operation of earth stations with international links), and railroads (operation, administration and control of traffic within the Mexican railway system, supervision and management of railway rights-of-way, construction, operation, and maintenance of basic railway infrastructure). LEGAL CITATION OF EXISTING MEASURES: Constituci¢n Pol¡tica de los Estados Unidos Mexicanos, (United Mexican States Political Constitution) Article 28 Ley de V¡as Generales de Comunicaci¢n (General Means of Communications Law and its regulations) Ley Org nica de Ferrocarriles Nacionales de M‚xico (Mexican National Railroad Law) Ley del Servicio Postal Mexicano (Mexican Postal Services Law and its regulations) ============================================================================= ANNEX II Schedule of Mexico SECTOR: Professional, Technical and Specialized Services and Other Services Provided by Natural Persons SUB-SECTOR: Professional Services INDUSTRY CLASSIFICATION: CMAP 951002 Legal Services/Foreign Legal Consultants TYPE OF RESERVATION: National Treament (Article 1102, 1202) Most-Favored-Nation Treatment (Article 1103, 1203) Local Presence (Article 1205) Senior Management (Article 1107) DESCRIPTION: Cross-Border Services and Investment Subject to page VI-M-2, Mexico reserves the right to adopt or maintain any measure relating to the provision of legal services and foreign legal consultancy services by person of the United States. LEGAL CITATION OF EXISTING MEASURES: Ley Reglamentaria del Art¡culo 5o. Constitucional, relativo al ejercicio de las profesiones en el Distrito Federal (Regulatory Law of Article 5' of the United Mexican States Political Constitution in relation to Professional Services) Reglamento de la Ley para Promover la Inversi¢n Mexicana y Regular la Inversi¢n Extranjera (Regulations of the Law to Promote Mexican Investment and to Regulate Foreign Investment). ============================================================================= ANNEX II Schedule of Mexico SECTOR: Social Services SUB-SECTOR: Not applicable INDUSTRY CLASSIFICATION: TYPE OF RESERVATION: National Treatment (Article 1102, 1202) Local Presence (Article 1205) Senior Management (Article 1107) DESCRIPTION: Cross-Border Services and Investment Mexico 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. LEGAL CITATION OF EXISTING MEASURES: ============================================================================= ANNEX II Schedule of Mexico SECTOR: Transportation SUB-SECTOR: Specialized Personnel INDUSTRY CLASSIFICATION: Ship Captains (Capitanes) Aircraft Pilots (Pilotos) Ship Masters (Patrones) Ship Machinists (Maquinistas) Ship Mechanics (Mec nicos) Airport Administrators (Comandantes de Aer¢dromos) Harbor Masters (Capitanes de Puerto) Harbor Pilots (Pilotos de Puerto) Customs Brokers (Agentes Aduanales) Crew on Mexican flagged vessels and aircraft (Personal que tripule cualquier embarcaci¢n o aeronave con bandera o insignia mercante mexicana) TYPE OF RESERVATION: National Treament (Article 1202) Most-Favored-Nation Treatment (Article 1203) Local Presence (Article 1205) DESCRIPTION: Cross-Border Services Only Mexicans by birth may serve as captains, pilots, ship masters, machinists, mechanics and crew members manning vessels or aircraft under the Mexican flag; as harbor pilots, harbor masters and airport administrators; and as customs brokers. LEGAL CITATION OF EXISTING MEASURES: Constituci¢n Pol¡tica de los Estados Unidos Mexicanos, (Political Constitution of United Mexican States)