Consolidated TPP Text – Annex II – Schedule of the United States

Sector: Communications

Obligations concerned: National Treatment (Article 9.4 and Article 10.3)
Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4)

Description: Investment and Cross-Border Trade in Services

The United States reserves the right to:

Sector: Communications – Cable Television

Obligations concerned: National Treatment (Article 9.4)
Senior Management and Boards of Directors (Article 9.11)

Description: Investment

The United States reserves the right to adopt or maintain any measure that prohibits a person of a Party from owning or operating a cable television system in the territory of the United States unless that person establishes that the Party:

A measure may be deemed to treat content of a Party more favourably if it applies preferential treatment on the basis that the director, producer, publisher, actors or owner of such content is a person of that Party, or the production, editing or distribution of such content took place in the territory of that Party, or on any other basis that affords protection to local production.

Sector: Social Services

Obligations concerned: National Treatment (Article 9.4 and Article 10.3)
Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4)
Performance Requirements (Article 9.10)
Senior Management and Boards of Directors (Article 9.11)
Local Presence (Article 10.6)

Description: Investment and Cross-Border Trade in Services

The United States 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.

Sector: Minority Affairs

Obligations concerned: National Treatment (Article 9.4 and Article 10.3)
Performance Requirements (Article 9.10)
Senior Management and Boards of Directors (Article 9.11)
Local Presence (Article 10.6)

Description: Investment and Cross-Border Trade in Services

The United States reserves the right to adopt or maintain any measure according rights or preferences to socially or economically disadvantaged minorities, including corporations organised 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.

Sector: Transportation

Obligations concerned: National Treatment (Article 9.4 and Article 10.3)
Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4)
Performance Requirements (Article 9.10)
Senior Management and Boards of Directors (Article 9.11)
Local Presence (Article 10.6)

Description: Investment and Cross-Border Trade in Services

Existing Measures: Merchant Marine Act of 1920, §§ 19 and 27, 46 U.S.C. 12101, 12118, 12120, 12132, 12139, 12151, 42101-42109, 55102, 55105-55110, 55115-55119, 58108
Jones Act Waiver Statute, 46 U.S.C. 501
Shipping Act of 1916, 46 U.S.C. 50501, 56101, 57109, 50111
Merchant Marine Act of 1936, 46 U.S.C. 109, 114, 50111, 50501, 53101 note, 53301-53312, 53501-53517, 53701-53718, 53721-53725, 53731-53735, 55304-55305, 57101-57104, 57301-57308
Merchant Ship Sales Act of 1946, 50 U.S.C. App. 1738 46 U.S.C. 55109, 55111, 55118, 60301-60302, 60304-60306, 60312, 80104 46 U.S.C. 12101 et seq., 12112, 12121, and 31301 et seq. 46 U.S.C. 8904
Passenger Vessel Services Act, 46 U.S.C. 55103 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)
The Foreign Shipping Practices Act of 1988, 46 U.S.C. 306, 41108, 42101, 42301-42307
Merchant Marine Act, 1920, 46 U.S.C. 50101, 50302, 53101 note, 57108
Shipping Act of 1984, 46 U.S.C. 305-306, 40101 note, 40101-40104, 40301-40307, 40501-40503, 40701-40706, 40901-40904, 41101-41109, 41301-41309, 42101, 42301-42307
Exports of Alaskan North Slope Oil, 104 Pub. L. 58, Title II; 109 Stat. 557, 560-63; codified at 30 U.S.C. 185(s), 185 note Limitations on performance of longshore work by alien crewmen, 8 U.S.C. 1288
Maritime Transportation Security Act of 2002, Pub. L. 107-295, § 404; 116 Stat. 2064, 2114-15, codified at 46 U.S.C. 55112
Nicholson Act, 46 U.S.C. 55114
Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987, Pub. L. 100-239; 101 Stat. 1778, codified in part at 46 U.S.C. 108, 2101, 2101 note, 12113 43 U.S.C. 1841 22 U.S.C. 1980 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 Anadromous Stocks Act of 1992, Pub. L. 102-567;
Oceans Act of 1992, Pub. L. 102-587
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.
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.
American Fisheries Act, 46 U.S.C. 12113 and 46 U.S.C. 31322

Sector: Services Related to Air Transportation

Obligations concerned: National Treatment (Article 10.3)
Most-Favoured-Nation Treatment (Article 10.4)
Local Presence (Article 10.6)

Description: Cross-Border Trade in Services

The United States reserves the right to adopt or maintain any measure relating to the cross-border supply of airport operation services, computer reservation system services, ground handling services, and selling and marketing of air transport services, as defined in Article 10.1 (Definitions).

Existing Measures: International Air Transportation Fair Competitive Practices Act of 1974, as amended

Sector: Betting and Gambling

Obligations concerned: National Treatment (Article 9.4 and Article 10.3)
Performance Requirements (Article 9.10)
Senior Management and Boards of Directors (Article 9.11)
Market Access (Article 10.5)
Local Presence (Article 10.6)

Description: Investment and Cross-Border Trade in Services

The United States reserves the right to adopt or maintain any measure relating to betting and gambling services.

Sector: All

Obligations concerned: Market Access (Article 10.5)

Description: Cross-Border Trade in Services

The United States reserves the right to adopt or maintain any measure that is not inconsistent with the United States’ obligations under Article XVI of GATS as set out in the U.S. Schedule of Specific Commitments under GATS (GATS/SC/90, GATS/SC/90/Suppl.1, GATS/SC/90/Suppl.2, and GATS/SC/90/Suppl.3).

For the purposes of this entry only, the U.S. Schedule of Specific Commitments is modified as indicated in Appendix II-A.

Sector: All

Obligations concerned: Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4)

Description: Investment and Cross-Border Trade in Services

The United States 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 prior to the date of entry into force of this Agreement.

The United States 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:

Appendix II-A

For the following Sectors, U.S. obligations under Article XVI of GATS as set out in the U.S. Schedule of Specific Commitments under GATS (GATS/SC/90, GATS/SC/90/Suppl.1, GATS/SC/90/Suppl.2, and GATS/SC/90/Suppl.3) are improved as described.

Sector/SubsectorMarket Access Improvements
Foreign Legal Consulting ServicesInsert new commitments for the following states:
Louisiana, New Mexico: No limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.”
Arizona, Indiana, Massachusetts, North Carolina, Utah: No limitations modes 1-2; for mode 3 “in-state law office required,” and mode 4 “Unbound, except as indicated in the horizontal section. Additionally, an in-state law office required.”
Missouri: No limitations modes 1-2; for mode 3 “Association with in-state law office required,” and mode 4 “Unbound, except as indicated in the horizontal section. Additionally, association with an in-state law office required.”
Accounting, Auditing and Bookkeeping ServicesModify mode 3 limitation as shown in the following mark-up: “Sole proprietorships or partnerships are limited to persons licensed as accountants, except in Iowa where accounting firms must incorporate
Modify mode 4 limitations as shown in the following mark-up: “In addition, an in-state office must be maintained for licensure in to receive a license to perform audits in:
Engineering Services Integrated Engineering ServicesReplace existing description of Mode 4 with “Unbound, except as indicated in the horizontal section.”
Research and development services: R&D services on natural sciences, social sciences and humanities, and interdisciplinary R&D services, excluding R&D financed in whole or in part by public fundsInsert new commitments with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.”
Technical testing and analysis services, other than government-mandated services or services financed in whole or in part by public fundsInsert new commitments with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.”
Other business services: OtherInsert new commitments for “Other” under “Other business services” with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.”
Express Delivery Services (as defined in Annex 10-B (Express Delivery Services))Insert new commitments with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.”
Other Delivery ServicesInsert new commitments with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.”
Multi-channel video services over provider-owned cable systemsInsert new commitments with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.”
Information services (the offering of a capability for generating, acquiring, storing transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing)Insert new commitments with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.”
Higher Education Services (except flying instruction)Footnote 2Insert new commitments with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.”
Motion Picture & Video Tape Home Video Entertainment Production and Distribution
Promotion or advertising services Motion picture or video tapeFootnote 3 production services
Motion picture or video tapeFootnote 3 distribution services
Other services in connection with motion pictures and video tapeFootnote 3 production and distribution
Motion Picture Projection Services
Radio and Television Services
Radio and Television Distribution Services
Other services in connection with motion pictures and video tapeFootnote 3 production and distributionFootnote 4
Insert commitments according to this revised classification with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.”
Environmental Services
Wastewater Management, excluding Water for Human Use (Wastewater services (contracted by private industry))
Solid/hazardous waste management (contracted by private industry)
Refuse disposal services
Sanitation and Similar Services
Protection of ambient air and climate (Services to reduce exhaust gases and other emissions to improve air quality)
Remediation and cleanup of soil and water (Treatment, remediation of contaminated/ polluted soil and water)
Noise and vibration abatement (Noise abatement services)
Protection of biodiversity and landscape (Nature and landscape protection services)
Other environmental and ancillary services (Other services not classified elsewhere)
Insert commitments according to this revised classification with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.”
Physical well-being servicesFootnote 5, Footnote 6Insert new commitments with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.”
Road freight transportInsert new commitments for domestic transportation with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.”
Cargo-handling services, Storage and warehouse services, and Freight transport agency services, except maritime or air transport servicesInsert new commitments with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.”
Date Modified: