FREE TRADE AGREEMENT REPUBLIC OF ... - SICE - OAS

(1)

FREE TRADE AGREEMENT

REPUBLIC OF NICARAGUA AND REPUBLIC OF CHINA (TAIWAN) ANNEX II

Schedule of the Republic of Nicaragua Sector: All Sectors

Obligations Concerned: National Treatment (Article 10.03, Investment) Senior Management and Boards of Directors (Article 10.10, Investment)

Description: Investment

The Republic of Nicaragua reserves the right to limit the transfer or disposal of any interest held in an existing state enterprise, such that only a Nicaraguan national may receive such interest. However, the preceding sentence pertains only to the initial transfer or disposal of such interest. The Republic of Nicaragua does not reserve this right with respect to subsequent transfers or disposals of such interest.

The Republic of Nicaragua reserves the right to limit control of any new enterprise created by the transfer or disposal of any interest as described in the preceding paragraph through means other than limitations on the ownership of the interest. The Republic of Nicaragua also reserves the right to adopt or maintain any measure related to the nationality of senior management and

members of the board of directors in such new enterprise.

II-NI-1

(2)

Schedule of the Republic of Nicaragua Sector: Minority Affairs and Indigenous Peoples

Obligations Concerned: National Treatment (Articles 10.03, Investment and 11.02, Services)

Most-Favored-Nation Treatment (Articles 10.04, Investment and 11.03, Services)

Local Presence (Article 11.06, Services)

Performance Requirements (Article 10.09, Investment) Senior Management and Boards of Directors (Article 10.10, Investment)

Description: Cross-Border Services and Investment

The Republic of Nicaragua reserves the right to adopt or maintain any measure granting rights or preferences to socially or economically disadvantaged minorities and indigenous peoples.

II-NI-2

(3)

Schedule of the Republic of Nicaragua

Sector: Business services - Legal services

Senior Management and Boards of Directors (Article 10.10, Investment)

Local Presence (Article 11.06, Services) Description: Cross-Border Services and Investment

The Republic of Nicaragua reserves the right to adopt or maintain any measures relating to investment in, or provision of legal services.

II-NI-3

(4)

Schedule of the Republic of Nicaragua Sector: Communications

Obligations Concerned: Most-Favored-Nation Treatment (Articles 10.04, Investment and 11.03, Services)

The Republic of Nicaragua reserves the right to adopt or maintain any measure that accords differential treatment to persons of other countries due to application of

reciprocity measures or through international agreements involving sharing of the radio spectrum, guaranteeing market access, or national treatment with respect to the one-way satellite transmission of direct-to-home (DTH) and direct broadcasting satellite (DBS) television services and digital audio services.

II-NI-4

(5)

Schedule of the Republic of Nicaragua

Sector: Communication services - Audiovisual services - Television broadcast transmission services and Radio Broadcast transmission services

Performance Requirements (Article 10.09, Investment) Senior Management and Boards of Directors (Article 10.10, Investment)

The Republic of Nicaragua reserves the right to adopt or maintain any measure relating to investment in, or the provision of, television and radio broadcast transmission services.

II-NI-5

(6)

Schedule of the Republic of Nicaragua Sector: All Sectors

Obligations Concerned: Most-Favored-Nation Treatment (Articles 10.04, Investment and 11.03, Services)

The Republic of Nicaragua reserves, vis-à-vis the

Republic of China (Taiwan), the right to adopt or maintain any measure that accords differential treatment to

countries under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement.

The Republic of Nicaragua reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed after the date of entry into force of this Agreement involving:

(a) aviation;

(b) fisheries; or

(c) maritime matters, including salvage.

II-NI-6

(7)

Schedule of the Republic of Nicaragua Sector: Coastal Lands, Islands, and River Banks Obligations Concerned: National Treatment (Article 10.03, Investment) Description: Investment

The Republic of Nicaragua reserves the right to adopt or maintain any measure with respect to coastal lands, islands, and river banks under the possession of the Republic of Nicaragua.

II-NI-7

(8)

Schedule of the Republic of Nicaragua Sector: Social Services

Performance Requirements (Article 10.09, Investment ) Senior Management and Boards of Directors (Article 10.10, Investment)

The Republic of Nicaragua reserves the right to adopt or maintain any measure with respect to the provision of 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.

II-NI-8