Provisions on Trade in Services in Trade and Integration Agreements in the Western Hemisphere

NAFTA
Chapter Twelve, Article 1201: Scope and Coverage
This chapter does not apply to:
(a) financial services, as defined in Chapter Fourteen (Financial Services);
(b) 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(i) aircraft repair and maintenance services during which an aircraft is withdrawn from service, and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) specialty air services;
(c) procurement by a Party or a state enterprise; or (d) subsidies or grants provided by a Party or a state enterprise, including government-supported loans, guarantees and insurance.

Chapter Twelve, Article 1213: Definitions
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 Eleven on Investment.

Group of Three
Chapter X, Article 10-02: Application Scope
This chapter does not apply to:
(a) subsidies or grants provide by a Party or a state enterprise, including government-supported loans, guarantees and insurance;
(b) non-commercial services or governmental functions such as law enforcement, social readaptation services, income security or insurance, social security or insurance, social welfare , public education, public training, health and child care;
(c) financial services.

[Note: financial services are covered under Chapter XII; Article 10-02-3b refers government procurement to Chapter XV; Annex 2 to Article 10-02: Transports, establishes the exclusion of air services and related services in support of air services, with the exception of aircraft repair and maintenance, subject to reciprocity; specialty air services; and computerized reservation systems.]

CACM
Not specified.

CARICOM
Not specified.

Andean Community
Coverage of traded services is universal.
Chapter III: Scope of Application, Article 3: Measures: Measures adopted by the Member Parties apply to trade in services in all service sectors and distinct modes of supply, including the provision of all private, central, regional, or local sectors, such as delegates of companies.

Chapter III, Article 4: Exemptions from Coverage: This General Framework does not apply to the service provisions in the exercise of governmental faculties. The acquisition of services by part of governmental organizations or of private enterprises of the Member Countries is subject to the principle of national treatment among the Member Countries, through Decisions that shall be adopted no later than January 1st of 2002. In case of no adoption of the aforementioned Decision at the date mentioned, the Member Countries shall accord national treatment in a immediate form.
This General Framework does not apply to measures which cover air transport services.
Chapter III, Article 5: Bodies: The sectors or subsectors of services are subjects to sectoral Decisions existing to the date of entry into force of this Decision or its own modifications, which are regulated by standards mentioned in such Decisions. Respecting to aforementioned sectors and subsectors, the foreseen standards in this General Framework apply supplementarily.

Central America/Dominican Republic
Chapter X, Article 10-03: Scope of Application
Coverage of traded services is universal.
Measures adopted or maintained by a Party relating to trade in services by service providers of the other Party, including measures relative to: 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 public services in general as mandated by the Parties, in connection with the provision of a service; d) the presence of persons from a Party in the territory of other Party for the provision of a service; and e) the provision of a bond or other form of financial security as a condition for the provision of a service.

Bodies: "Measures adopted by the Parties" are in the form of law, right, regulation, rule, procedure, decision, administrative resolution or in any other form with effect on the trade in services, adopted by: a) central, regional, provincial, departmental, municipal, or local governments and authorities; or b) non-governmental institutions in the exercise of faculties delegated by central, regional, provincial, departmental, municipal, or local governments and authorities.

Exemptions: This chapter does not apply to: a) subsidies or grants provided by a Party or a state enterprise, including government-supported loans, guarantees, and insurance; b) 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; (ii) specialized air services; and (iii) computerized reservation systems; (c) Services or governmental functions such as law enforcement, social readaptation services, income security or insurance, social security or insurance, social welfare, public education, public training, health and child care.

The provisions in this chapter do not apply to the measures relative to the services listed in the annex on Professional Services, they only apply to the extension and terms stipulated in this annex.

Mercosur
Coverage of traded services is universal.
Part 1, Article II: Scope of Application:
Measures adopted by Parties apply to trade in services in MERCOSUR, including measures relative to:
a) the provision of a service; b) the purchase, payment, or utilization of a service; c) access to services provided to the public by mandate of the Parties in general, and their utilization for the purpose of service provision; d) the presence, including the commercial presence, of persons from one Party in the territory of another Party for the provision of a service.

Part I, Article II: Body: "Measures adopted by the Parties" are the measures adopted by
1. central, state, provincial, departmental, municipal, or local government or authorities; and
2. non-governmental institutions in the exercise of functions delegated by central, statal, provincial, departmental, municipal, or local government or authorities. In the fulfillment of its obligations and commitments in the framework of the present Protocol, each State Party shall take the necessary measures that are reachable to achieve the compliance by the governments and central, provincial, departamental, municipal or local authorities, and by non governmental authorities existing in its territory.
"Services" comprises all services of any sector, except the services provided in the exercise of govermental faculties.
These include services not provided under commercial conditions, nor in competition between one or more service providers.

Bolivia/Mercosur
Not specified.

Chile/Mercosur
Not specified.