Provisions on Trade in Services in Trade and Integration Agreements in the Western Hemisphere
Part II: Bilateral Free Trade Agreements
XXI. Denial of Benefits
Chile/Mexico
Chapter 10, Article 10-13: Denial of Benefits
A Party may deny the benefits of this Chapter to a service provider of the other Party, prior notification and realization of consultation, in compliance with Articles 16-04 (Notification and Provision of Information) and 18-04 (Consultations), where the Party establishes that the service is being provided by an enterprise that is owned or controlled by persons of a non-Party and that has no substantial business activities in the territory of the other Party.
Chile/Canada
Chapter H, Article H-11. Denial of Benefits
A Party may deny the benefits of this Chapter to a service provider of the other Party where the Party establishes that: a) the service is being provided by an enterprise owned or controlled by nationals of a non-Party, and the denying Party adopts or maintains measures with respect to the non-Party that prohibit transactions with the enterprise or that would be violated or circumvented if the benefits of this Chapter were accorded to the enterprise; or b) the cross-border provision of a transportation service covered by this Chapter is provided using equipment not registered by a Party.
Subject to prior notification and consultation in accordance with Articles L-03 (Notification and Provisions of Information) and N-06 (Consultations), a Party may deny the benefits of this Chapter to a service provider of the other Party where the Party establishes that the service is being provided by an enterprise that is owned or controlled by persons of a non-Party and that has no substantial business activities in the territory of the other Party.
Mexico/Nicaragua
Chapter X, Article 10-14: Denial of Benefits
A Party may deny the benefits of this Chapter to a service provider of the other Party, subject to notification and consultations, where the Party establishes that the service is being provided by an enterprise that is owned or controlled by persons of a non-Party and that has no substantial business activities in the territory of the other Party.
Mexico/Bolivia
Chapter IX, Article 9-13 in Mexico/Bolivia
Each Party will be able to deny the benefits of this chapter to a service provider from the other Party, subject to notification and consultation, when the Party determines that the service is being provided by a firm that belongs to or is under the control of persons from a non-member country; and when
a) the firm does not carry out important commercial activities in the territory of a Party;
b) the Party denying the benefits: (i) does not maintain diplomatic relations with the non-member country; and (ii) the Party adopt of maintains measures in relation to the non-member Country that prohibits transactions with this firm, or which would be violated if the benefits of this chapter were extended to that firm.
Mexico/Costa Rica
Article 9-15 in Mexico/Costa Rica
Each Party will be able to deny the benefits of this chapter to a service provider from the other Party, subject to notification and consultation, when the Party determines that the service is being provided by a firm that does not carry out important commercial activities in the territory of a Party, and that, in accordance with the legislation of each Party, that belongs to or is under the control of persons from a non-member country.
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countries
