Common use of Level of Government Clause in Contracts

Level of Government. Central Measures: Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Articles 28 and 32 Federal Telecommunications and Broadcasting Law (Ley Federal de Telecomunicaciones y Radiodifusión), Title IV, Chapters I, III and IV, title XI, Chapter II. General Means of Communication Law (Ley de Vías Generales de Comunicación), Book I, Chapter III. Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapters II and III. Regulations to the Foreign Investment Law and the National Registry for Foreign Investments (Reglamento de xx Xxx de Inversión Extranjera y del Registro Nacional de Inversiones Extranjeras), Title VI. General Guidelines for the granting of the concessions referred to in Title Four of the Federal Telecommunications and Broadcasting Law (Lineamientos Generales para el otorgamiento de las concesiones a que se refiere el Título Cuarto de xx Xxx Federal de Telecomunicaciones y Radiodifusión). Description: Investment and Cross-Border Trade in Services According to their purposes, sole concessions and frequency band concessions will be granted only to Mexican nationals or enterprise constituted under Mexican Laws and regulations. An investor of a Party or its investments may participate up to 49 percent in a concessionaire enterprise supplying broadcasting services. This cap shall apply according to the reciprocity existent with the country in which the investor or trader who ultimately controls it, directly or indirectly, is constituted. For the purposes of the paragraph above, a favorable opinion of the CNIE is required before granting the sole concession for providing broadcasting services in which foreign investment participate. No concession, the rights conferred therein, facilities, auxiliary services, offices, or accessories and properties affected thereto, may be assigned, encumbered, pledged, or given in trust, mortgaged, or transferred totally or partially to any foreign government or state. Concessions for indigenous social use shall be granted to indigenous people and indigenous communities of Mexico, with the objective to promote, develop, and preserve language, culture, knowledge, tradition, identity and internal rules that, under principles of gender equality, allow the integration of indigenous women in the accomplishment of the purposes for which the concession is granted. The State shall guarantee that broadcasting promotes the values of national identity. A broadcasting concessionaire shall use and stimulate local and national artistic values and expressions of Mexican culture, according to the characteristics of its programming. Daily programming with personal performances shall include more time covered by Mexicans.

Level of Government. Central Measures: Political Constitution of the United Mexican States Political Constitution (Constitución Política de los Estados Unidos Mexicanos), Articles 25, 27 and 28 and 32 Federal Telecommunications and Broadcasting Law (Ley Federal de Telecomunicaciones y Radiodifusión), Title IV, Chapters I, III and IV, title XI, Chapter II. General Means of Communication Hydrocarbons Law (Ley de Vías Generales de ComunicaciónHidrocarburos), Book IArticles 1, Chapter III. 3, 5, 6, 11, 18, 41, 46, 83, 120, 128 and Twenty Fourth Transitory Provision Foreign Investment Trade Law (Ley de Inversión Extranjera), Title I, Chapters II and III. Comercio Exterior) Hydrocarbons Law Regulations to the Foreign Investment Law and the National Registry for Foreign Investments (Reglamento de xx Xxx de Inversión Extranjera y del Registro Nacional de Inversiones ExtranjerasHidrocarburos), Title VIArticles 14 and 36. General Guidelines for the granting Regulation of the concessions activities referred to in by the Third Title Four of the Federal Telecommunications and Broadcasting Hydrocarbons Law (Lineamientos Generales para el otorgamiento Reglamento de las concesiones actividades a que se refiere el Título Cuarto Xxxxxxx de xx Xxx Federal de Telecomunicaciones Hidrocarburos), Article 51 Methodology for the Measurement of the National Content in the Entitlements and Exploration and Production Contracts of Hydrocarbons, and the permits in the Hydrocarbons Industry, issued by the Ministry of Economy (Metodología para la Medición del Contenido Nacional en Asignaciones y Radiodifusión). Contratos para la Exploración y Extracción de Hidrocarburos, así como para los permisos en la Industria de Hidrocarburos, emitida por la Secretaría de Economía) Description: Investment and Cross-Border Trade in Services According to The Nation has the direct, inalienable and imprescriptible ownership of all hydrocarbons in the subsoil of the national territory, including the continental shelf and the exclusive economic zone located outside the territorial sea and adjacent thereto, in strata or deposits, regardless of their purposesphysical conditions. Only the Nation shall conduct the exploration and production of hydrocarbons, sole concessions through entitlements or contracts. The exploration and frequency band concessions will be granted only to Mexican nationals or enterprise constituted under Mexican Laws production contracts shall invariably stipulate that the hydrocarbons in the subsoil are property of the Nation. The Ministry of Energy (Secretaría de Energía) shall establish the appropriate contract model for each contractual area that undergoes a bidding process and regulations. An investor of a Party or its investments may participate up to 49 percent in a concessionaire enterprise supplying broadcasting services. This cap shall apply is awarded according to the reciprocity existent laws; for which it may choose among other contracting models: services, profit-sharing, production-sharing or licenses. The exploration and production activities of hydrocarbons conducted in the national territory through entitlements and exploration and production contracts must comply with a minimum national content percentage goal on average. This national content average goal will not take into account exploration and production of hydrocarbons in deep-water and ultra-deep water, which will have a different national content requirement established by the Ministry of Economy (Secretaría de Economía, SE) with the country opinion of the Ministry of Energy considering the characteristics of those activities. The above mentioned mandate must comply with the methodology established by the Ministry of Economy, and must consider that it does not affect the competitive position of the Petróleos Mexicanos (PEMEX) or any other state productive enterprises and other economic agents developing exploration and production of hydrocarbons. The Federal Executive shall establish safeguard zones in the areas in which the investor or trader who ultimately controls itState decides to prohibit exploration and production activities, directly or indirectly, is constituted. For the purposes of the paragraph above, a favorable opinion of the CNIE is required before granting the sole concession for providing broadcasting services different from protected natural areas in which foreign investment participateentitlements and contracts cannot be awarded. No concessionThe Mexican Government should include within the conditions for the entitlements and exploration and production contracts, as well as in the rights conferred thereinpermits, facilitiesthat under the same circumstances of prices, auxiliary quality and timely delivery, preference should be given to the purchase of national goods and the contracting of domestic services, officesincluding the training and hiring, or accessories at a technical and properties affected theretomanagement level, may be assigned, encumbered, pledged, or given in trust, mortgaged, or transferred totally or partially to any foreign government or state. Concessions for indigenous social use shall be granted to indigenous people and indigenous communities of Mexico, with the objective to promote, develop, and preserve language, culture, knowledge, tradition, identity and internal rules that, under principles of gender equality, allow the integration of indigenous women in the accomplishment of the purposes for which the concession is grantedMexican nationals. The State shall guarantee Ministry of Energy and the Energy Regulatory Commission (Comisión Reguladora de Energía, CRE) will establish the permit models for the transportation, treatment, refining, processing, storage, distribution, compression, liquefaction, decompression, regasification, sale to the public and commercialisation of hydrocarbons, petroleum products and petrochemicals, taking into account that broadcasting promotes permit-holders must have an address in Mexico. The permits for the values exporting and importing of national identity. A broadcasting concessionaire shall use hydrocarbons and stimulate local and national artistic values and expressions of Mexican culture, petroleum products will be issued according to the characteristics of its programming. Daily programming with personal performances shall include more time covered by MexicansForeign Trade Law, which requires permit-holders to have a domicile in Mexico.

Level of Government. Central Measures: Political Constitution of the United Mexican States Political Constitution (Constitución Política de los Estados Unidos Mexicanos), Articles 28 and 32 Federal Telecommunications and Broadcasting Law (Ley Federal de Telecomunicaciones y Radiodifusión), Title IV, Chapters I, III and IV, title Title XI, Chapter II. II General Means of Communication Law (Ley de Vías Generales de Comunicación), Book I, Chapter III. III (when it does not oppose to the Federal Telecommunication and Broadcasting Law) Regulations to the Radio and Television Federal Law, in the Matter of Concessions, Permits and Content of Radio and Television Transmissions (Reglamento de xx Xxx Federal de Radio y Televisión, en Materia de Concesiones, Permisos y Contenido de las Transmisiones del Radio y Televisión) Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapters II and III. III Regulations to the Foreign Investment Law and the National Registry for Foreign Investments Investment (Reglamento de xx Xxx de Inversión Extranjera y del Registro Nacional de Inversiones Extranjeras), Title VI. General Guidelines for the granting of the concessions referred to in Title Four of the Federal Telecommunications and Broadcasting Law (Lineamientos Generales para el otorgamiento de las concesiones a que se refiere el Título Cuarto de xx Xxx Federal de Telecomunicaciones y Radiodifusión). VI Description: Investment and Cross-Border Trade in Services According to their purposes, sole concessions and frequency band concessions will be granted only to Mexican nationals or enterprise enterprises constituted under Mexican Laws laws and regulations. An investor Investors of a Party or its their investments may participate up to 49 percent per cent in a concessionaire enterprise supplying enterprises providing broadcasting services. This cap shall apply maximum foreign investment, will be applied according to the reciprocity existent with the country in which the investor or trader who ultimately controls it, directly or indirectly, is constituted. For the purposes of the paragraph aboveabove paragraph, a favorable favourable opinion of the CNIE Mexican Foreign Investment Commission is required before granting the sole concession for providing broadcasting services in which foreign investment participate. No concessionAmong concessions, the rights conferred therein, facilities, auxiliary services, offices, or accessories and properties affected thereto, may be assigned, encumbered, pledged, or given in trust, mortgaged, or transferred totally or partially to any foreign government or state. Concessions concessions for indigenous social use shall be granted to indigenous people and indigenous communities of Mexico, with the objective to promote, develop, develop and preserve languagelanguages, culture, knowledge, traditiontraditions, identity and their internal rules that, under principles of gender equality, allow enable the integration of indigenous women in the accomplishment of the purposes for which the concession is granted. Under no circumstances may a concession, the rights conferred therein, facilities, auxiliary services, offices or accessories and properties affected thereto, be assigned, encumbered, pledged or given in trust, mortgaged, or transferred totally or partially to any foreign government or state. The State shall guarantee that the broadcasting promotes the values of national identity. A The broadcasting concessionaire concessions shall use and stimulate local and national artistic values and expressions of Mexican culture, according to the characteristics of its programming. Daily programming with personal performances The daily programme starring actors shall include more a larger time covered by Mexicans.

Level of Government. Central Measures: Political Constitution of the United Mexican States Political Constitution (Constitución Política de los Estados Unidos Mexicanos), Articles Article 28 and 32 Federal Telecommunications and Broadcasting Law (Ley Federal de Telecomunicaciones y Radiodifusión), Title Radiodifusión),Title IV, Chapters I, III and IV, title XITitle V, chapter VIII, and Title VI, Unique Chapter II. General Means of Communication Law (Ley de Vías Generales de Comunicación), Book I, Chapter III. ) (when it does not oppose to the Federal Telecommunications and Broadcasting Law) Foreign Investment Law (Ley de Inversión Extranjera), ) Title I, Chapters Chapter II and III. Regulations to the Foreign Investment Law and the National Registry for Foreign Investments Investment (Reglamento de xx Xxx de Inversión Extranjera y del Registro Nacional de Inversiones Extranjeras), Title VI. General Guidelines for the granting of the concessions referred to in Title Four of the Federal Telecommunications and Broadcasting Law (Lineamientos Generales para el otorgamiento de las concesiones a que se refiere el Título Cuarto de xx Xxx Federal de Telecomunicaciones y Radiodifusión). VI Description: Investment and Cross-Border Trade in Services According to their purposes, sole concessions and frequency band concessions will be granted only to Mexican nationals or enterprise enterprises constituted under Mexican Laws and regulations. An investor of a Party or its investments may participate up to 49 percent in a concessionaire enterprise supplying broadcasting services. This cap shall apply according to the reciprocity existent with the country in which the investor or trader who ultimately controls itAmong concessions, directly or indirectly, is constituted. For the purposes of the paragraph above, a favorable opinion of the CNIE is required before granting the sole concession for providing broadcasting services in which foreign investment participate. No concession, the rights conferred therein, facilities, auxiliary services, offices, or accessories and properties affected thereto, may be assigned, encumbered, pledged, or given in trust, mortgaged, or transferred totally or partially to any foreign government or state. Concessions concessions for indigenous social use shall be granted to indigenous people and indigenous communities of Mexico, with the objective to promote, develop, develop and preserve languagelanguages, culture, knowledge, traditiontraditions, identity and their internal rules that, under principles of gender equality, allow enable the integration of indigenous women in the accomplishment of the purposes for which the concession is granted. The State Concessions for indigenous social use shall guarantee that broadcasting promotes only be granted to indigenous people and indigenous communities in Mexico without any kind of foreign investment. Under no circumstances may a concession, the values of national identityrights conferred therein, facilities, auxiliary services, offices or accessories and properties affected thereto, be assigned encumbered, pledged or given in trust, mortgaged, or transferred totally or partially to any foreign government or state. A broadcasting concessionaire shall use Only Mexican nationals and stimulate local and national artistic values and expressions of enterprises established under Mexican culture, according laws may obtain authorisation to the characteristics of its programming. Daily programming with personal performances shall include more time covered by Mexicansprovide telecommunication services as a reseller without being a concessionaire.

Level of Government. Central Measures: Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Articles 28 and 32 Federal Telecommunications and Broadcasting Law (Ley Federal de Telecomunicaciones y Radiodifusión), Title IV, Chapters I, III and IV, title XI, Chapter II. II General Means of Communication Law (Ley de Vías Generales de Comunicación), Book I, Chapter III. III Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapters II and III. III Regulations to the Foreign Investment Law and the National Registry for Foreign Investments (Reglamento de xx Xxx de Inversión Extranjera y del Registro Nacional de Inversiones Extranjeras), Title VI. VI General Guidelines for the granting of the concessions referred to in Title Four of the Federal Telecommunications and Broadcasting Law (Lineamientos Generales para el otorgamiento de las concesiones a que se refiere el Título Cuarto de xx Xxx Federal de Telecomunicaciones y Radiodifusión). ) Description: Investment and Cross-Border Trade in Services According to their purposes, sole concessions and frequency band concessions will be granted only to Mexican nationals or enterprise enterprises constituted under Mexican Laws and regulations. An investor Investors of a Party or its their investments may participate up to 49 percent per cent in a concessionaire enterprise supplying enterprises providing broadcasting services. This cap shall apply maximum foreign investment, will be applied according to the reciprocity existent with the country in which the investor or trader who ultimately controls it, directly or indirectly, is constituted. For the purposes of the paragraph aboveabove paragraph, a favorable favourable opinion of the CNIE Mexican Foreign Investment Commission is required before granting the sole concession for providing broadcasting services in which foreign investment participate. No Under no circumstances may a concession, the rights conferred therein, facilities, auxiliary services, offices, offices or accessories and properties affected thereto, may be assigned, encumbered, pledged, pledged or given in trust, mortgaged, or transferred totally or partially to any foreign government or state. Concessions Among concessions, concessions for indigenous social use shall be granted to indigenous people and indigenous communities of Mexico, with the objective to promote, develop, develop and preserve languagelanguages, culture, knowledge, traditiontraditions, identity and their internal rules that, under principles of gender equality, allow enable the integration of indigenous women in the accomplishment of the purposes for which the concession is granted. The State shall guarantee that broadcasting promotes the values of national identity. A The broadcasting concessionaire concessionaires shall use and stimulate local and national artistic values and expressions of Mexican culture, according to the characteristics of its programming. Daily The daily programming with personal performances shall include more time covered by Mexicans.

Level of Government. Central Measures: Political Constitution of the United Mexican States Political Constitution (Constitución Política de los Estados Unidos Mexicanos), Articles 28 and 32 32, and Fifth Transitory Provision Federal Telecommunications and Broadcasting Law (Ley Federal de Telecomunicaciones y Radiodifusión), Title IV, Chapters I, III and IV, title Title XI, Chapter II. II General Means of Communication Law (Ley de Vías Generales de d Comunicación), Book I, Chapter III. Foreign III(when it does not oppose to the Federal Telecommunication and Broadcasting Law)Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapters II and III. Regulations IIIRegulations to the Foreign Investment Law and the National Registry for Foreign Investments Investment (Reglamento de xx Xxx de Inversión Extranjera y del Registro Nacional de Inversiones Extranjeras), Title VI. VI General Guidelines for the granting of the concessions referred to in Title Four of the Federal Telecommunications and Broadcasting Law (Lineamientos Generales para el otorgamiento de las concesiones a que se refiere el Título Cuarto de xx Xxx Federal de Telecomunicaciones y Radiodifusión). ) Description: Investment and Cross-Border Trade in Services According to their purposes, sole concessions and frequency band concessions will be granted only to Mexican nationals or enterprise enterprises constituted under Mexican Laws laws and regulations. An investor Investors of a Party or its their investments may participate up to 49 percent per cent in a concessionaire enterprise supplying enterprises providing broadcasting services. This cap shall apply maximum foreign investment, will be applied according to the reciprocity existent with the country in which the investor or trader who ultimately controls it, directly or indirectly, is constituted. For the purposes of the paragraph aboveabove paragraph, a favorable favourable opinion of the CNIE Mexican Foreign Investment Commission is required before granting the sole concession for providing broadcasting services in which foreign investment participate. No Under no circumstances may a concession, the rights conferred therein, facilities, auxiliary services, offices, offices or accessories and properties affected thereto, may be assigned, encumbered, pledged, pledged or given in trust, mortgaged, or transferred totally or partially to any foreign government or state. Concessions Among concessions, concessions for indigenous social use shall be granted to indigenous people and indigenous communities of Mexico, with the objective to promote, develop, develop and preserve languagelanguages, culture, knowledge, traditiontraditions, identity and their internal rules that, under principles of gender equality, allow enable the integration of indigenous women in the accomplishment of the purposes for which the concession is granted. The State shall guarantee that the broadcasting promotes the values of national identity. A The broadcasting concessionaire concessions shall use and stimulate local and national artistic values and expressions of Mexican culture, according to the characteristics of its programming. Daily daily programming with personal performances starring actors shall include more time covered by Mexicans.

Level of Government. Central Measures: Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), Articles 28 and 32 Commercial Notary Public Federal Telecommunications and Broadcasting Law (Ley Federal de Telecomunicaciones y RadiodifusiónCorreduría Pública), Title IVArticles 7, Chapters 8, 12 and 15 Regulations to the Commercial Notary Public Federal Law (Reglamento de xx Xxx Federal de Correduría Pública), Chapter I, III and IV, title XI, Chapter II. General Means of Communication Law (Ley de Vías Generales de Comunicación), Book I, Chapter III. Sections I and II Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapters Chapter II and III. Regulations to the Foreign Investment Law and the National Registry for Foreign Investments (Reglamento de xx Xxx de Inversión Extranjera y del Registro Nacional de Inversiones Extranjeras), Title VI. General Guidelines for the granting of the concessions referred to in Title Four of the Federal Telecommunications and Broadcasting Law (Lineamientos Generales para el otorgamiento de las concesiones a que se refiere el Título Cuarto de xx Xxx Federal de Telecomunicaciones y Radiodifusión). Description: Investment and Cross-Border Trade in Services According Only a Mexican national by birth may be licensed to their purposes, sole concessions and frequency band concessions will be granted only a commercial notary public (corredor público). A commercial notary public may not have a business affiliation with any person for the supply of commercial notary public services. A commercial notary public shall establish an office in the place where he has been authorised to practise. Only Mexican nationals and Mexican enterprises with foreigners’ exclusion clause may obtain such a licence. Foreign investment may not participate in commercial notary public activities and companies, directly or enterprise constituted under Mexican Laws through trusts, agreements, social pacts or statutory, pyramiding schemes, or other mechanism that gives them some control or participation. Sector: Professional, Technical and regulations. An investor Specialised Services Sub-Sector: Professional services Industry Classification: CMAP 951002 Legal Services (including foreign legal consultancy) Obligations Concerned: National Treatment (Article 14.4 and Article 15.3) Most-Favoured-Nation Treatment (Article 14.5 and Article 15.4) Level of a Government: Central Measures: Regulatory Law of the Constitutional Article 5th relating to the Practice of Professions in the Federal District (Ley Reglamentaria del Artículo 5º Constitucional, relativo al Ejercicio de las Profesiones en el Distrito Federal), Chapter III, Section III, and Chapter V Foreign Investment Law (Ley de Inversión Extranjera), Title I, Chapter III Description: Investment and Cross-Border Trade in Services Favourable resolution from the National Commission on Foreign Investment (Comisión Nacional de Inversiones Extranjeras, CNIE) is required for investors of another Party or its their investments may participate up to 49 percent in a concessionaire enterprise supplying broadcasting services. This cap shall apply according to the reciprocity existent with the country in which the investor or trader who ultimately controls itown, directly or indirectly, is constitutedmore than 49 per cent of the ownership interest in an enterprise established or to be established in the territory of Mexico that provides legal services. In the absence of an international treaty on the matter, the professional practice by foreigners will be subject to reciprocity in the place of residence of the applicant and to compliance with the rest of the requirements established in the Mexican laws and regulations. Except as provided for in this entry, only lawyers licensed in Mexico may have an ownership interest in a law firm established in the territory of Mexico. Lawyers licensed to practise in another Party will be permitted to form a partnership with lawyers licensed in Mexico. The number of lawyers licensed to practise in another Party serving as partners in a firm in Mexico may not exceed the number of lawyers licensed in Mexico serving as partners of that firm. Lawyers licensed to practise in another Party may practise and provide legal consultations on Mexican law, whenever they comply with the requirements to practise as a lawyer in Mexico. A law firm established by a partnership of lawyers licensed to practise in another Party and lawyers licensed to practise in Mexico may hire lawyers licensed in Mexico as employees. For greater certainty, this entry does not apply to the purposes supply, on a temporary fly-in, fly-out basis or through the use of web based or telecommunications technology, of legal advisory services in foreign law and international law and, in relation to foreign and international law only, legal arbitration and conciliation/mediation services by foreign lawyers. Sector: Professional, Technical and Specialised Services Sub-Sector: Professional services Industry Classification: CMAP 9510 Provision of Professional, Technical and Specialised Services (limited to professional services) Obligations Concerned: National Treatment (Article 15.3) Most-Favoured-Nation Treatment (Article 15.4) Level of Government: Central Measures: Regulatory Law of the paragraph aboveConstitutional Article 5th relating to the Practice of Professions in the Federal District (Ley reglamentaria del Artículo 5º Constitucional, a favorable opinion relativo al Ejercicio de las Profesiones en el Distrito Federal), Chapter III, Section III, and Chapter V Regulations to the Regulatory Law of the CNIE Constitutional Article 5th relating to the Practice of Professions in the Federal District (Reglamento de xx Xxx Reglamentaria del Artículo 5ºConstitucional, relativo al Ejercicio de las Profesiones en el Distrito Federal), Chapter III Population General Law (Ley General de Población), Chapter III Description: Cross-Border Trade in Services Pursuant to the relevant international treaties of which Mexico is required before granting a party; foreigners may practice in the sole concession for providing broadcasting services Federal District the professions set forth in which foreign investment participatethe Regulatory Law of the Constitutional Article 5 relating to the Practice of Professions in the Federal District. No concessionIn the absence of an international treaty on the matter, the rights conferred therein, facilities, auxiliary services, offices, or accessories professional practice by foreigners will be subject to reciprocity in the place of residence of the applicant and properties affected thereto, may be assigned, encumbered, pledged, or given in trust, mortgaged, or transferred totally or partially to any foreign government or state. Concessions for indigenous social use shall be granted to indigenous people and indigenous communities of Mexico, compliance with the objective to promote, develop, and preserve language, culture, knowledge, tradition, identity and internal rules that, under principles rest of gender equality, allow the integration of indigenous women requirements established in the accomplishment of the purposes for which the concession is granted. The State shall guarantee that broadcasting promotes the values of national identity. A broadcasting concessionaire shall use Mexican laws and stimulate local and national artistic values and expressions of Mexican culture, according to the characteristics of its programming. Daily programming with personal performances shall include more time covered by Mexicansregulations.