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

A Member that is a party to an agreement or arrangement referred to above, whether existing or future, shall afford adequate opportunity for other interested Members to negotiate their accession to such an agreement or arrangement or to negotiate comparable ones with it.

A Member shall not accord recognition in a manner which would constitute a means of discrimination between countries in the application of its standards or criteria for the authorization, licensing or certification of service suppliers, or a disguised restriction on trade in services.

Each Member shall, within 12 months from the date on which the Agreement Establishing the WTO takes effect for it, inform the Council for Trade in Services of its existing recognition measures.

Whenever appropriate, recognition should be based on multilaterally agreed criteria.

NAFTA
Chapter Twelve, Article 1210: Licensing and Certification
Where a Party recognizes, unilaterally or by agreement, education, experience, licenses or certifications obtained in the territory of another Party or of a non-Party:

(a) nothing in Article 1203 (MFN Treatment) shall be construed to require the Party to accord such recognition to education, experience, licenses or certifications obtained in the territory of another Party; and

(b) the Party shall afford another Party an adequate opportunity to demonstrate that education, experience, licenses or certifications obtained in that other Party?s territory should also be recognized or to conclude an agreement or arrangement of comparable effect.

Annex 1210.5 applies to measures adopted or maintained by a Party relating to the licensing or certification of professional service providers.

Group of Three
Chapter X, Article 10-14: Licensing and Certification
Where a Party recognizes, unilaterally or by agreement, education, experience, licenses or certifications obtained in the territory of another Party or of a non-Party:

(a) nothing in Article 10-05 (MFN Treatment) shall be construed to require the Party to accord such recognition to education, experience, licenses or certifications obtained in the territory of another Party; and

(b) the Party shall afford another Party an adequate opportunity to demonstrate that education, experience, licenses or certifications obtained in that other Party?s territory should also be recognized or to conclude an agreement or arrangement of comparable effect.

In the Annex to Article 10-02 are established procedures for the recognition of studies or education and experience, and of other standards and requirements that regulate the professional service suppliers.

CACM
Not Specified.

CARICOM
Not Specified.

Andean Community
Chapter IV, Article 13
Each Member Country shall recognize the licenses, certifications, titles of professions, and diplomas, accorded by another Member Country, in whatever area of services, according to criteria established in a Decision (adopted by the Commission) dealing with the matter.
Transitory provisions
Sixth: Within six months as of the entry into force of the present Decision, the General Secretariat shall elaborate a Project of common regime for the recognition of licenses, certificates, professional degrees and accreditations, in any services activity that shall require it.

Central America/Dominican Republic
Chapter X, Annex to Article 10-03, Article 3
When a Party recognizes, either unilaterally or through agreement with another country, education, licenses or certifications obtained in the territory of the other Party or any other non-Party:
(a) nothing in Article 10-03 (MFN) shall be construed to require the Party to recognize education, licenses or certifications obtained in the territory of the other Party; and
the Party shall afford the other Party an adequate opportunity to demonstrate that education, licenses and certifications obtained in the other Party should also be recognized or to negotiate an agreement or arrangement having equivalent effects.

Mercosur
Part II, Article XI: Recognition
When a Party recognizes, unilaterally or by agreement, education, experience, licenses, or certifications obtained in the territory of another Party or any other non-Party:
(a)nothing in this Protocol shall be construed to require the Party to recognize education, experience, licenses, or certifications obtained in the territory of another Party; and
(b)the Party shall concede to another Party an adequate opportunity to demonstrate that education, experience, licenses, and certifications obtained in the other Party should also be recognized, or to negotiate an agreement or arrangement having equivalent effects.

Each Party shall commit to encourage the competent business in its respective territories, among others, to the naturally governmental enterprises, such as associations and professional colleges, in cooperation with competent entities of other Parties, to expand mutually acceptable standards and criteria for the exercise of relevant activities and professions in the sphere of the services, through authorization of licenses, matriculates and certificates to the service providers and to propose recommendations to the Common Market Group on mutual recognition.

The standards and criteria referred to in the paragraph above may be expanded, among others, with reference to the following elements: education, examinations, experience, conduct and ethics, expanded professional and renewal of certification, scope of action, local recognition, consumer protection and requirements of nationality, residence, or domicile.

Once the recommendation referred to in paragraph 2 has been received, the Common Market Group shall examine the recommendation within a reasonable period to determine its consistency with this Protocol. On the basis of this enquiry, each Party commits to instruct its respective authorities, when necessary, to implement the decisions of the competent authorities of MERCOSUR, within a mutually determined period.

The Common Market Group shall examine periodically, and at least once every three years, the implementation of this Article.

Bolivia/Mercosur
Not Specified.

Chile/Mercosur
Not Specified.