Title:Annex II -- Schedule of United States
Author: White House 
Document-Date: 29 Sept 1993 
Content-Type: text/plain; CHARSET=US-ASCII 
Content-Length:28125 
 
  
 
 
 
 
 
                                                   Annex II - United States                                            
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                                        Annex II 
                               Schedule of United States  
 
             
            Sector:             All Sectors 
 
            Sub-Sector: 
 
            Industry 
            Classification: 
            Type of             National Treatment (Article 1102) 
            Reservation:        Most-Favored-Nation Treatment (Article 1103) 
 
            Description:        Investment 
 
                                The United States reserves the right to adopt 
                                or maintain any measure relating to residency 
                                requirements for the ownership by investors 
                                of Canada, or their investments, of 
                                oceanfront land. 
             
            Existing Measures: 
             
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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            Sector:             Communications 
 
            Sub-Sector:         Cable Television 
 
            Industry            CPC 753   Radio and Television Cable Services 
            Classification: 
            Type of             National Treatment (Article 1102) 
            Reservation:        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. 
             
            Existing Measures: 
             
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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            Sector:             Communications 
 
            Sub-Sector:         Telecommunications Transport Networks and 
                                Services and Radiocommunications  
 
            Industry            CPC 752   Telecommunications Services (not 
            Classification:               including enhanced or value-added 
                                          services) 
                                CPC 7543  Connection Services  
                                CPC 7549  Other Telecommunications Services 
                                          Not Elsewhere Classified (limited 
                                          to telecommunications transport 
                                          networks and services) 
 
            Type of             National Treatment (Articles 1102, 1202) 
            Reservation:        Most-Favored-Nation Treatment (Articles 1103, 
                                1203) 
                                Local Presence (Article 1205) 
                                Senior Management and Boards of Directors 
                                (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, 
                                telecommunications transport services or 
                                radiocommunications.  These measures may 
                                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.  Radiocommunications include all 
                                communications by radio, including 
 
 
 
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                                broadcasting.  This reservation does not 
                                apply to measures relating to enhanced or 
                                value-added services or to the production, 
                                sale or licensing of radio or television 
                                programming.   
 
            Existing Measures:  Communications Act of 1934, 47 U.S.C.    151 
                                et seq., see particularly    310(a), (b) 
                                (radio licenses for common carrier, 
                                aeronautical en route, aeronautical fixed, 
                                and broadcasting services)  
 
                                F.C.C. Decision, International Competitive 
                                Carrier, 102 F.C.C. 2d 812 (1985), as 
                                modified in Regulation of International 
                                Common Carrier Services, CC Docket No. 91- 
                                360, FCC 92-463 (released November 6, 1992) 
 
                                Submarine Cable Landing Act, 47 U.S.C.   34- 
                                9, see particularly   35 (undersea cables) 
 
                                Communications Satellite Act of 1962, 47 
                                U.S.C.    701-57  
                                  
                                Telegraph Act, 47 U.S.C.   17 (telegraph 
                                cables serving Alaska) 
 
                                Children's Television Act of 1990, 47 U.S.C. 
                                  303a  
 
                                Television Program Improvement Act of 1990, 
                                47 U.S.C.   303c 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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            Sector:             Social Services 
 
            Sub-Sector: 
 
            Industry 
            Classification: 
            Type of             National Treatment (Articles 1102, 1202)  
            Reservation:        Local Presence (Article 1205) 
                                Senior Management and Boards of Directors 
                                (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. 
 
            Existing Measures: 
 
             
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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            Sector:             Minority Affairs 
 
            Sub-Sector: 
 
            Industry Classification: 
             
            Type of             National Treatment (Articles 1102, 1202) 
            Reservation:        Local Presence (Article 1205) 
                                Performance Requirements (Article 1106) 
                                Senior Management and Boards of Directors 
                                (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. 
 
            Existing Measures:  Alaska Native Claims Settlement Act, 43 
                                U.S.C.    1601 et seq. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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            Sector:             Professional Services 
 
            Sub-Sector:         Legal Services 
 
            Industry            SIC 8111  Legal Services 
            Classification: 
             
            Type of             National Treatment (Articles 1102, 1202) 
            Reservation:        Most-Favored-Nation Treatment (Articles 1103, 
                                1203) 
                                Local Presence (Article 1205) 
                                Senior Management and Boards of Directors 
                                (Article 1107) 
 
            Description:        Cross-Border Services and Investment 
 
                                Subject to Schedule of the United States, 
                                Annex VI, page  
                                VI-U-2, 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. 
 
            Existing Measures: 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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            Sector:             Publishing 
 
            Sub-Sector:         Newspaper Publishing 
 
            Industry            SIC 2711  Newspapers:  Publishing, or 
            Classification:               Publishing and Printing 
 
            Type of             National Treatment (Article 1102) 
            Reservation:        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. 
 
            Existing Measures: 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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            Sector:             Transportation 
 
            Sub-Sector:         Water Transportation 
 
            Industry            SIC 091   Commercial Fishing (limited to 
            Classification:               fishing vessels and fishing 
                                          operations within the Exclusive 
                                          Economic Zone)   
                                SIC 1629  Heavy Construction, Not Elsewhere 
                                          Classified (limited to marine 
                                          dredging) 
                                SIC 4412  Deep Sea Foreign Transportation of 
                                          Freight (limited to promotional 
                                          programs for U.S.-flagged  vessels) 
                                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 
                                          for U.S.-flagged vessels) 
                                SIC 4482  Ferries  
                                SIC 4489  Water Transportation of Passengers, 
                                          Not Elsewhere Classified (includes 
                                          airboats, swamp buggy rides, 
                                          excursion boat operations, 
 
 
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                                          passenger water transportation on 
                                          rivers and canals, sightseeing 
                                          boats, water taxis) 
                                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 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) 
             
            Type of             National Treatment (Articles 1102, 1202) 
            Reservation:        Most-Favored-Nation Treatment (Articles 1103, 
                                1203) 
                                Local Presence (Article 1205) 
                                Performance Requirements (Article 1106) 
                                Senior Management and Boards of Directors 
                                (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; 
 
 
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                                (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 or control of, and operation 
                                     of vessels engaged in fishing and 
                                     related activities in U.S. territorial 
                                     waters and the Exclusive Economic Zone;  
 
 
                                (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 for U.S.-flagged 
                                     vessels; 
 
                                (h)  all matters 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. 
 
 
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                                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 vessels and 
                                     trucks, trains, pipelines and wharves, 
                                     waterfront terminal operations, boat 
                                     cleaning, canal operation, dismantling 
                                     of vessels, operation of marine railways 
                                     for drydocking, marine surveyors, except 
                                     cargo, marine wrecking of vessels for 
                                     scrap and ship classification societies. 
 
            Existing Measures:  Merchant Marine Act of 1920,    19 and 27, 46 
                                App. U.S.C.   876 and   883 et seq.  
 
                                Jones Act Waiver Statute, 64 Stat 1120, 46 
                                U.S.C. App., note preceding Section 1 
 
                                Shipping Act of 1916, 46 U.S.C. App.    802 
                                and 808 
 
                                Merchant Marine Act of 1936, 46 U.S.C. App. 
                                   1151 et seq., 1160-61, 1171 et seq., 
                                1241(b), 1241-1, 1244, and 1271 et seq. 
 
                                Merchant Ship Sales Act of 1946, 50 U.S.C. 
                                App.   1738 
 
                                46 App. U.S.C.    121, 292 and 316 
 
                                46 U.S.C.    12101 et seq. and 31301 et seq. 
 
                                46 U.S.C.    8904 and 31328(2) 
 
                                Passenger Vessel Act, 46 App. U.S.C.   289 
 
 
 
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                                42 U.S.C.   9601 et seq.; 33 U.S.C.   2701 et 
                                seq.; 33 U.S.C.   1251 et seq. 
 
                                46 U.S.C.    3301 et seq., 3701 et seq., 8103 
                                and 12107(b) 
 
                                Shipping Act of 1984, 46 App. U.S.C.    1708 
                                and 1712 
 
                                Nicholson Act, 46 App. U.S.C.    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 U.S.C. App.   
                                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, TIAS 
                                9445 
 
                                Magnuson Fishery Conservation and Management 
                                Act, 16 U.S.C.    1801 et seq. 
 
                                19 U.S.C.   1466 
 
                                North Pacific Anadramous Stocks Convention 
                                Act of 1972, P.L. 102-587; Oceans Act of 
                                1992, Title VII 
 
                                Tuna Convention Act, 16 U.S.C.   951 et seq. 
 
                                South Pacific Tuna Act of 1988, 16 U.S.C.   
                                973 et seq. 
 
                                Northern Pacific Halibut Act of 1982, 16 
                                U.S.C.   773 et seq. 
 
 
 
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                                Atlantic Tunas Convention Act, 16 U.S.C.   
                                971 et seq. 
 
                                Antarctic Marine Living Resources Convention 
                                Act of 1984, 16 U.S.C.   2431 et seq. 
 
                                Pacific Salmon Treaty Act of 1985, 16 U.S.C. 
                                  3631 et seq. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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