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


Part II: Bilateral Free Trade Agreements
XII. Definitions

Chile/Mexico
Chapter 10, Article 10-01: Definitions
For foreign service:
Cross-border provisions of a service or cross-border trade in services means the provision of a service:


(a) from the territory of a Party into the territory of another Party,
(b) in the territory of a Party by a person of that Party to a person of another Party, or
(c) by a national of a Party in the territory of another Party,

but does not include the provision of a service in the territory of a Party by an investment, as defined in Article 9-01 (Investment - Definitions), in that territory;

For foreign service supplier:
Service provider of a Party means a person of a Party that seeks to provide or provides a service.

Enterprise of a Party means an enterprise constituted or organized under the law of a Party, including a branch located in the territory of a Party and carrying out economic activities there

Chapter IX, Article 9-01: Definitions
investment of an investor of a Party means an investment owned or controlled directly or indirectly by an investor of such a Party;
investor of a Party means a Party or state enterprise thereof, or a national or an enterprise of such Party, that seeks to make, is making or has made an investment;
investor of a non-Party means an investor other than an investor of a Party, that seeks to make, is making or has made an investment.

Chile/Canada
Chapter H, Article H-12. Definitions
For foreign service:
Cross-border provisions of a service or cross-border trade in services means the provision of a service:
(a) from the territory of a Party into the territory of another Party,
(b) in the territory of a Party by a person of that Party to a person of another Party, or
(c) by a national of a Party in the territory of another Party, but does not include the provision of a service in the territory of a Party by an investment, as defined in Article G-40 (Investment - Definitions), in that territory.

For foreign service supplier:
Service provider of a Party means a person of a Party that seeks to provide or provides a service.

Article G-40. Definitions
For foreign enterprise:
Enterprise of a Party means an enterprise constituted or organized under the law of a Party, and a branch located in the territory of a Party and carrying out business activities there;
investment of an investor of a Party means an investment owned or controlled directly or indirectly by an investor of such a Party;
investor of a Party means a Party or state enterprise thereof, or a national or an enterprise of such Party, that seeks to make, is making or has made an investment.

Mexico/Nicaragua
Chapter X, Article 10-01: Definitions
For foreign service:
Trade in services means the provision of a service:
a) from the territory of one Party into the territory of the other Party;
b) in the territory of one Party to the service consumer of the other Party;
c) by a service supplier of one Party, through commercial presence in the territory of the other Party;
d) by presence of national persons of one Party in the territory of the other Party.

For foreign service supplier:
Service provider of a Party means a person of a Party that seeks to provide or provides a service.

Mexico/Bolivia
Chapter IX, Article 9-02 in both Agreements
For foreign service:
Trade in services means the provision of a service:
(a) from the territory of a Party into the territory of another Party,
(b) in the territory of a Party by a person of that Party to a person of another Party,
(c) through the presence of service suppliers enterprises of one Party in the territory of another Party;
(d) by nationals or natural persons of one Party in the territory of another Party.

Article 9-01
For foreign service supplier:
Service provider of a Party means a person of a Party that seeks to provide or provides a service.

Article 15-01 in Mexico/Bolivia and Article 13-01 in Mexico/Costa Rica
For foreign enterprise:
Enterprise of a Party means an enterprise constituted or organized under the law of a Party, and a branch located in the territory of a Party and carrying out business activities there;

investment of an investor of a Party means an investment owned or controlled directly or indirectly by an investor of such a Party;

investor of a Party means a Party or state enterprise thereof, or a national or an enterprise of such Party, that seeks to make, is making or has made an investment.

Mexico/Costa Rica
Chapter IX, Article 9-02 in both Agreements
For foreign service:
Trade in services means the provision of a service:
(a) from the territory of a Party into the territory of another Party,
(b) in the territory of a Party by a person of that Party to a person of another Party,
(c) through the presence of service suppliers enterprises of one Party in the territory of another Party;
(d) by nationals or natural persons of one Party in the territory of another Party.

Article 9-01
For foreign service supplier:
Service provider of a Party means a person of a Party that seeks to provide or provides a service.

Article 15-01 in Mexico/Bolivia and Article 13-01 in Mexico/Costa Rica
For foreign enterprise:
Enterprise of a Party means an enterprise constituted or organized under the law of a Party, and a branch located in the territory of a Party and carrying out business activities there;

investment of an investor of a Party means an investment owned or controlled directly or indirectly by an investor of such a Party;

investor of a Party means a Party or state enterprise thereof, or a national or an enterprise of such Party, that seeks to make, is making or has made an investment.

 
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