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


Part II: Bilateral Free Trade Agreements
XVI. General Exceptions

Chile/Mexico
Chapter 10, Article 10-02: Scope of Application:
Nothing in this Chapter (Cross-Border Trade in Services) shall be construed to:
(a) 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; or
(b) prevent a Party from providing a service or performing a function such as law enforcement, correctional services, income security or insurance, social security or insurance, social welfare, public education, public training, health, and child care, in a manner that is not inconsistent with this Chapter.

Chile/Canada
Chapter O, Article O-01. General Exceptions:
Nothing in Chapter H (Cross-Border Trade in Services), and 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.

Mexico/Nicaragua
Chapter X, Article 10-2: Scope of Application
Nothing in this Chapter (General Principles on Trade in Services) shall be construed to:
(a) impose any obligation on a Party with respect to a national of the other 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; nor
(b) impose any obligation or to confer any right on a Party with respect to the public sector purchases of a Party or of a State enterprise.

Chapter X, Article 10-15: Exceptions
Provided that the 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 this Chapter (General Principles on Trade in Services) shall be construed to prevent the adoption or enforcement by any Party of measures for the protection of the environment necessary to secure compliance with international regulations and agreements.

Mexico/Bolivia
Chapter XX in Mexico/Bolivia and Article 9-16 in Mexico/Costa Rica
No disposition of this Treaty will be interpreted in the manner so as to impede a Party from adopting or applying measures to :
a) protect public order and morality;
b) protect human, animal or plant life and health, or to preserve plant species in its territory, or to put in practice the rules and standards of international agreements for the protection of the environment;
c) impose taxes for the protection of national, artistic, historical or archeological treasures;
d) necessary for fiduciary reasons; or
e) necessary to ensure the compliance with laws or regulations which are not inconsistent with the dispositions of this Treaty, including those for the prevention of deceptive and fraudulent practices.

Mexico/Costa Rica
Chapter XX in Mexico/Bolivia and Article 9-16 in Mexico/Costa Rica
No disposition of this Treaty will be interpreted in the manner so as to impede a Party from adopting or applying measures to :
a) protect public order and morality;
b) protect human, animal or plant life and health, or to preserve plant species in its territory, or to put in practice the rules and standards of international agreements for the protection of the environment;
c) impose taxes for the protection of national, artistic, historical or archeological treasures;
d) necessary for fiduciary reasons; or
e) necessary to ensure the compliance with laws or regulations which are not inconsistent with the dispositions of this Treaty, including those for the prevention of deceptive and fraudulent practices.

 
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