Category : Various Text files
Archive   : NAFTA.ZIP
Filename : USA.2

ANNEX II
Schedule of United States


SECTOR: Communication

SUB-SECTOR: Cable Television

INDUSTRY CLASSIFICATION: SIC 4841 Cable and Other Pay Television Services

TYPE OF RESERVATION: National Treatment (Article 1102)
Most-Favored-Nation Treatment (Article 1103)

DESCRIPTION:Investment

Subject to Article 2106, the United
States reserves the right to adopt or
maintain any measure that accords
equivalent treatment to persons of any
country that limits ownership by
persons of the United States in an
enterprise engaged in the operation of
a cable television system in that
country.

LEGAL CITATION OF EXISTING MEASURES: None

=============================================================================

ANNEX II
Schedule of United States


SECTOR: Communications

SUB-SECTOR: Telecommunications Transport Networks and Services
and Radio Communications

INDUSTRY CLASSIFICATION: CPC 752 Telecommunications Services
(Not Including CPC 752323 Value-Added
Network Services or CPC 752329 Other
Message Services)

TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Most-Favored-Nation Treatment (Articles 1103, 1203)
Local Presence (Article 1205)
Senior Management (Article 1107)

DESCRIPTION: Cross-Border Services and Investment

The United States reserves the right
to adopt or maintain any measure
relating to investment in, or the
provision of, telecommunications
transport networks and
telecommunications transport services
or to radio communications. These
measures apply to such matters as
market entry, spectrum assignment,
tariffs, intercarrier agreements,
terms and conditions of service, and
interconnection between networks and
services. Telecommunications transport
services typically involve the real-
time transmission of customer-supplied
information between two or more points
without end-to-end change in the form
or content of the customer's
information, whether or not such
services are offered to the public
generally. These services include
voice and data services provided by
any electromagnetic means. Radio
communications include all
communications by radio, including
broadcasting. This reservation does
not apply to measures relating to
enhanced or value-added services.

LEGAL CITATION OF EXISTING MEASURES:

Communications Act of 1934, as
amended, 47 U.S.C. 151 et seq., see
particularly 310(a), (b) (1988)
(radio licenses for common carrier,
aeronautical en route, aeronautical en
route, aeronautical fixed, and
broadcasting services), and any
Federal Communications Commission
rules or policies adopted pursuant to
Title 47 of the United States Code,
including F.C.C. Decision,
International Competitive Carrier, 102
F.C.C. 2d 812 (1985)

An Act relating to the Landing and
Operation of Submarine Cables in the
United States, as amended, 47 U.S.C.
34-9 (1988), see particularly 35
(Submarine Cable Landing Act)
(undersea cables)

Communications Satellite Act of 1962,
as amended, 47 U.S.C. 701-57 (1988)

Telegraph Act, as amended, 47 U.S.C.
17 (1988) (telegraph cables serving
Alaska)

Children's Television Act of 1990, 47
U.S.C. 303a (1990)

Television Program Improvement Act of
1990, 47 U.S.C. 303c (1990)
=============================================================================

ANNEX II
Schedule of United States


SECTOR: Social Services

SUB-SECTOR:

INDUSTRY CLASSIFICATION:

TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Local Presence (Article 1205)
Senior Management (Article 1107)

DESCRIPTION: Cross-Border Services and Investment

The United States reserves the right
to adopt or maintain any measure with
respect to the provision of public law
enforcement and correctional services,

and the following services to the
extent they are social services
established or maintained for a public
purpose: income security or
insurance, social security or
insurance, social welfare, public
education, public training, health,
and child care.

LEGAL CITATION OF EXISTING MEASURES:

=============================================================================

ANNEX II
Schedule of the United States

SECTOR: Minority Affairs

SUB-SECTOR:

INDUSTRY CLASSIFICATION:

TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Local Presence (Article 1205)
Performance Requirements (Article 1106)
Senior Management (Article 1107)

DESCRIPTION: Cross-Border Services and Investment

The United States reserves the right
to adopt or maintain any measure
according rights or preferences to
socially or economically disadvantaged
minorities, including corporations
organized under the laws of the State
of Alaska in accordance with the
Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.)

=============================================================================

ANNEX II
Schedule of United States


SECTOR: Professional Services

SUB-SECTOR: Attorneys

INDUSTRY CLASSIFICATION: SIC 8111 Legal Services

TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Most-Favored-Nation Treatment (Articles 1103, 1203)
Local Presence (Article 1205)
Senior Management (Article 1107)

DESCRIPTION: Cross-Border Services and Investment

Subject to page VI-U-3, the United
States reserves the right to adopt or
maintain any measure relating to the
provision of legal services, including
foreign legal consultancy services, by
persons of Mexico.

LEGAL CITATION OF EXISTING MEASURES: None

=============================================================================

ANNEX II
Schedule of the United States


SECTOR: Publishing

SUB-SECTOR: Newspaper Publishing

INDUSTRY CLASSIFICATION: SIC 2711 Newspapers: Publishing, or Publishing
and Printing

TYPE OF RESERVATION: National Treatment (Article 1102)
Most-Favored-Nation Treatment (Article 1103)

DESCRIPTION: Investment

Subject to Article 2106, the United
States reserves the right to adopt or
maintain any measure that accords
equivalent treatment to persons of any
country that limits ownership by
persons of the United States in an
enterprise engaged in the publication
of daily newspapers primarily written
for audiences and distributed in that
country.

For purposes of this reservation,
daily newspapers are newspapers
published at least five days each
week.

LEGAL CITATION OF EXISTING MEASURES: None

=============================================================================

ANNEX II
Schedule of the United States


SECTOR: Transportation

SUB-SECTOR: Water Transportation

INDUSTRY CLASSIFICATION: SIC 4412 Deep Sea Foreign Transportation of Freight
(limited to promotional programs)

SIC 4424 Deep Sea Domestic Transportation of Freight
(includes coastwise transportation of freight,
deep sea domestic freight transportation,
intercoastal transportation of freight, water
transportation of freight to noncontiguous
territories)

SIC 4432 Freight Transportation on the
Great Lakes and St. Lawrence Seaway

SIC 4449 Water Transportation of Freight, Not
Elsewhere Classified (includes canal barge
operations, canal freight transportation,
intracoastal freight transportation,
lake freight transportation except on
the Great Lakes, log rafting and
towing, river freight transportation
except on the St. Lawrence Seaway,
transportation of freight on bays and
sounds of the oceans)

SIC 4481 Deep Sea Transportation of
Passengers, Except by Ferry (limited
to promotional programs)

SIC 4482 Ferries

SIC 4489 Water Transportation of
Passengers, Not Elsewhere Classified
(includes airboats, swamp buggy rides,
excursion boat operations, passenger
water transportation on rivers and
canals, sightseeing boats, water taxis)

SIC 4492 Towing and Tugboat Services

SIC 4499 Water Transportation
Services, Not Elsewhere Classified
(limited to cargo salvaging,
chartering of commercial boats,
lighterage, bunkering, marine salvage,
pilotage, steamship leasing, cable
laying)

SIC 4491 - Marine Cargo Handling
(limited to crew activities aboard
vessels transporting supplies and
cargo within U.S. territorial waters
and longshore work performed by crew
affected by reciprocity restrictions)

SIC 1629 Heavy Construction, Not
Elsewhere Classified (limited to
marine dredging)

SIC 091 Commercial Fishing (limited to
fishing vessels and fishing operations
within the Exclusive Economic Zone)

TYPE OF RESERVATION: National Treatment (Articles 1102, 1202)
Most-Favored-Nation Treatment (Articles 1103, 1203)
Local Presence (Article 1205)
Performance Requirements (Article 1106)
Senior Management (Article 1107)

DESCRIPTION: Cross-Border Services and Investment

The United States reserves the right
to adopt or maintain any measure
relating to the provision of maritime
transportation services and the
operation of U.S.-flagged vessels,
including the following:

(a) requirements for investment in,
ownership and control of, and
operation of vessels and other
marine structures, including
drill rigs, in maritime cabotage
services, including maritime
cabotage services performed in
the domestic offshore trades, the
coastwise trades, U.S.
territorial waters, waters above
the continental shelf, and in the
inland waterways;

(b) requirements for investment in,
ownership and control of, and
operation of U.S.-flagged vessels
in foreign trades;

(c) requirements for investment in,
ownership and control of, and
operation of vessels engaging in
fishing and related activities in
U.S. territorial waters and the
Exclusive Economic Zone (EEZ);

(d) requirements related to
documenting a vessel under the
U.S. flag;

(e) promotional programs, including
tax benefits, available for
shipowners, operators and vessels
meeting certain requirements;

(f) certification, licensing and
citizenship requirements for crew
members on U.S.-flagged vessels;

(g) manning requirements of
U.S.-flagged vessels;

(h) all matters falling under the
jurisdiction of the Federal
Maritime Commission;

(i) negotiation and implementation of
bilateral and other international
maritime agreements and
understandings;

(j) limitations on longshore work
performed by crew members;

(k) tonnage duties and light money
assessments for entering U.S.
waters; and

(l) certification, licensing, and
citizenship requirements for
pilots performing pilotage
services in U.S. territorial
waters.

The following activities are not
included in this reservation:

(a) vessel construction and repair;
and

(b) landside aspects of port
activities including operation
and maintenance of docks, loading
and unloading of vessels directly
to or from land, marine cargo
handling, operation and
maintenance of piers, ship
cleaning, stevedoring, transfer
of cargo between a ship and
trucks, trains, pipelines and
wharves, waterfront terminal
operations, boat cleaning, canal
operation, dismantling of ships,
operation of marine railways for
drydocking, marine surveyors,
except cargo, marine wrecking of
ships for scrap and ship
classification societies.

LEGAL CITATION OF EXISTING MEASURES: Merchant Marine Act of 1920, 27, 46
App. U.S.C. 883 et seq. (Jones Act,
including Bowaters Corporations, 46
App. U.S.C. 883-1);

Jones Act Waiver Statute, Act of
December 27, 1950, 46 U.S.C. App.,
note preceding Sec. 1;

Shipping Act of 1916, 9, 46 U.S.C.
App. 808;

Shipping Act of 1916, 2, 46 U.S.C.
App. 802;

Merchant Marine Act of 1936, 905(c),
46 U.S.C. App. 1244;

Merchant Ship Sales Act of 1946, 50
U.S.C. App. 1738;

46 U.S.C. App. 292;

46 U.S.C. 12101 et seq. and 31301 et
seq.;

46 U.S.C. App. 316 and 8904;

Passenger Vessel Act, 46 U.S.C. 289;

Merchant Marine Act of 1936, Title VI,
46 U.S.C. App. 1171, et seq.
(includes Capital Construction Fund --
46 App. U.S.C. 1177, 26 U.S.C. 7518)
and the Merchant Marine Act of 1936,
Title V, 46 U.S.C. App. 1151, et seq.
(includes Capital Reserves Fund, 46
App. U.S.C. 1161 and trade in of

obsolete vessels, 46 App. U.S.C.
1160(1) and for National Defense
Reserve Fleet, 46 App. 1160(i));

46 U.S.C. 31328(2);

Merchant Marine Act of 1936, Title XI,
46 U.S.C. App. 1271, et seq. (includes
Marine Hull Insurance Requirements --
46 App. U.S.C. 1273(b) and 46 U.S.C.
Part 249);

Tonnage Duties, 46 App. U.S.C. 121;

Merchant Marine Act of 1936, 901(a)
and (b), 46 App. U.S.C. 1241(b);
Public Resolution 17, 46 App. U.S.C.
1241-1; and the Cargo Preference Act
of 1904, 10 U.S.C. 2631;

Environmental laws: CERCLA (superfund)
42 U.S.C. 9601 et seq.; and Oil
Pollution Act of 1990, 33 U.S.C. 2701;
Clean Water Act, 33 U.S.C. 1251 et
seq.;

46 U.S.C. 3301 et seq.;

46 U.S.C. 3701, et seq.;

Controlled Carrier Act, Shipping Act
of 1984, 9, 46 App U.S.C. 1708;

Merchant Marine Act of 1920, 19 as
amended, 46 App. U.S.C. 876; Shipping
Act of 1984, 13(b)(5); 46 App. U.S.C.
1712 (b)(5); and the Foreign Shipping
Practices Act of 1988; Omnibus Trade
and Competitiveness Act of 1988, Title
X, 46 App. U.S.C. 1710a;

Immigration Act of 1990, 203, 8
U.S.C. 1288, restrictions on
stevedoring by crews of foreign
vessels;

46 U.S.C. 8103;

Nicholson Act, 46 U.S.C. App. 251;

Commercial Fishing Industry Vessel
Anti-Reflagging Act of 1987, 46 U.S.C.
2101 and 46 U.S.C. 12108;

43 U.S.C. 1841;

22 U.S.C. 1980;

Intercoastal Shipping Act, 46 App.
U.S.C. 843;

46 U.S.C. 9302, 46 U.S.C. 8502;
Agreement Governing the Operation of
Pilotage on the Great Lakes, Exchange
of Notes at Ottawa, August 23, 1978,
and March 29, 1979, Treaties and
International Agreements Service 9445;

46 U.S.C. 12107(b); and

Magnuson Fisheries Conservation and
Management Act, 16 U.S.C. 1801, et
seq.