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ARTICLES

LEGAL RESOURSES

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    • Annex 301.3 Exceptions to Articles 301 and 309

    Section A - Canadian Measures

    1. Articles 301 (TLCAN: Art. 301) and 309 (TLCAN: Art. 309) shall not apply to controls by Canada on the export of logs of all species.

    2. Articles 301 (TLCAN: Art. 301) and 309 (TLCAN: Art. 309) shall not apply to controls by Canada on the export of unprocessed fish pursuant to the following existing statutes, as amended as of August 12, 1992:

  • New Brunswick Fish Processing Act, R.S.N.B. c. F­18.01 (1982), and Fisheries Development Act, S.N.B. c. F15.1 (1977);

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  • Newfoundland Fish Inspection Act, R.S.N. 1990, c. F­12;

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  • Nova Scotia Fisheries Act, S.N.S. 1977, c. 9;

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  • Prince Edward Island Fish Inspection Act, R.S.P.E.I. 1988, c. F­13; and

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  • Quebec Marine Products Processing Act, No. 38, S.Q. 1987, c. 51.

    • 3. Articles 301 (TLCAN: Art. 301) and 309 (TLCAN: Art. 309) shall not apply to:

  • Except as provided in Annex 300-A (TLCAN: Anexo 300-A), Appendix 300-A.1, paragraph 4, measures by Canada respecting the importation of any goods enumerated or referred to in Schedule VII of the Customs Tariff, R.S.C. 1985, c. 41 (3rd Supp.), as amended,

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  • Measures by Canada respecting the exportation of liquor for delivery into any country into which the importation of liquor is prohibited by law under the existing provisions of the Export Act, R.S.C. 1985, c. E18, as amended,

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  • Measures by Canada respecting preferential rates for certain freight traffic under the existing provisions of the Maritime Freight Rate Act, R.S.C. 1985, c. M-1, as amended,

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  • Canadian excise taxes on absolute alcohol used in manufacturing under the existing provisions of the Excise Tax Act, R.S.C. 1985, c. E-14, as amended, and

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  • Measures by Canada prohibiting the use of foreign or non-duty paid ships in the coasting trade of Canada unless granted a license under the Coasting Trade Act, S.C. 1992, c. 31,

    • To the extent that such provisions were mandatory legislation at the time of Canada's accession to the GATT and have not been amended so as to decrease their conformity with the GATT.

    4. Articles 301 (TLCAN: Art. 301) and 309 (TLCAN: Art. 309) shall not apply to quantitative import restrictions on goods that originate in the territory of the United States, considering operations performed in, or materials obtained from, Mexico as if they were performed in, or obtained from, a non-Party, and that are indicated by asterisks in Chapter 89 in Annex 401.2 (Tariff Schedule of Canada) of the Canada United States Free Trade Agreement for as long as the measures taken under the Merchant Marine Act of 1920, 46 App. U.S.C. §§ 883, and the Merchant Marine Act of 1936, 46 App. U.S.C. §§ 1171, 1176, 1241 and 1241o, apply with quantitative effect to comparable Canadian origin goods sold or offered for sale into the U.S. market.

    5. Articles 301 (TLCAN: Art. 301) and 309 (TLCAN: Art. 309) shall not apply to:

  • The continuation or prompt renewal of a non-conforming provision of any statute referred to in paragraph 2 or 3; and

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  • The amendment to a non-conforming provision of any statute referred to in paragraph 2 or 3 to the extent that the amendment does not decrease the conformity of the provision with Articles 301 (TLCAN: Art. 301) and 309 (TLCAN: Art. 309).

    • Section B - Mexican Measures

    1. Articles 301 (TLCAN: Art. 301) and 309 (TLCAN: Art. 309) shall not apply to controls by Mexico on the export of logs of all species.

    2. Articles 301 (TLCAN: Art. 301) and 309 (TLCAN: Art. 309) shall not apply to:

  • Measures under the existing provisions of Articles 192 through 194 of the General Ways of Communication Act ("Ley de Vias Generales de Comunicación") reserving exclusively to Mexican vessels all services and operations not authorized for foreign vessels and empowering the Mexican Ministry of Communications and Transportation to deny foreign vessels the right to perform authorized services if their country of origin does not grant reciprocal rights to Mexican vessels; and

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  • Export permit measures applied to goods for exportation to another Party that are subject to quantitative restrictions or tariff rate quotas adopted or maintained by that other Party.

    • 3. Articles 301 (TLCAN: Art. 301) and 309 (TLCAN: Art. 309) shall not apply to:

  • The continuation or prompt renewal of a non-conforming provision of the statute referred to in paragraph 2(a); and

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  • The amendment to a non-conforming provision of the statute referred to in paragraph 2(a) to the extent that the amendment does not decrease the conformity of the provision with Articles 301 and 309.

    • 4.

  • Notwithstanding Article 309 (TLCAN: Art. 309), for the first 10 years after the date of entry into force of this Agreement, Mexico may adopt or maintain prohibitions or restrictions on the importation of used goods provided for in the items, as of August 12, 1992, in the Tariff Schedule of the General Import Duty Act (Tarifa de la "Ley del Impuesto General de Importación") set out below

    • Note: (For purposes of reference only, descriptions are provided next to the corresponding item.)

    Item8407.34.998413.11.018413.40.018426.12.018426.19.018426.30.01 8426.41.018426.41.028426.41.998426.49.018426.49.028426.91.018426.91.028426.91.038426.91.998426.99.018426.99.028426.99.998427.10.018427.20.018428.40.998428.90.998429.11.018429.19.018429.20.018429.30.018429.40.018429.51.028429.51.038429.51.998429.52.028429.52.998429.59.018429.59.028429.59.038429.59.998430.31.018430.31.998430.39.018430.39.998430.41.018430.41.998430.49.998430.50.018430.50.028430.50.998430.61.018430.61.028430.61.998430.62.018430.69.018430.69.028430.69.998452.10.018452.21.048452.21.998452.29.058452.29.068452.29.998452.90.998471.10.018471.20.018471.91.018471.92.998471.93.018471.99.018474.20.018474.20.028474.20.038474.20.048474.20.058474.20.068474.20.998474.39.998474.80.998475.10.018477.10.018701.30.018701.90.028711.10.018711.20.018711.30.018711.40.018711.90.998712.00.028712.00.998716.10.018716.31.028716.31.998716.39.018716.39.028716.39.048716.39.058716.39.068716.39.078716.39.998716.40.018716.80.99Notwithstanding subparagraph (a), Mexico shall not prohibit or restrict the importation, on a temporary basis, of used goods provided for in the items set out in subparagraph (c) for the provision of a crossborder service subject to Chapter Twelve (CrossBorder Trade in Services) or the performance of a contract subject to Chapter Ten (Government Procurement), provided that the imported goods

     

  • Are necessary to the provision of the cross border service or the performance of the contract awarded to a supplier of another Party,

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  • Are used solely by or under the supervision of the service provider or the supplier performing the contract,

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  • Are not sold, leased or loaned while in the territory of Mexico,

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  • Are imported in no greater quantity than is necessary for the provision of the service or the performance of the contract,

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  • Are reexported promptly on completion of the service or the contract, and

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  • Comply with other applicable requirements on the importation of such goods to the extent they are not inconsistent with this Agreement.

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  • Subparagraph (b) applies to used goods provided for in the following items:

    • Item8413.11.018413.40.018426.12.018426.19.018426.30.018426.41.018426.41.028426.41.998426.49.018426.49.028426.91.018426.99.018426.99.028426.99.998427.10.018428.40.998428.90.998429.11.018429.19.018429.30.018429.40.018429.51.028429.51.038429.51.998429.52.028429.52.998429.59.018429.59.028429.59.038429.59.998430.31.018430.31.998430.39.018430.39.998430.41.018430.41.998430.49.998430.50.018430.50.028430.50.998430.61.01430.61.028430.62.018430.69.018430.69.028430.69.998452.10.018452.21.048452.21.998452.29.068452.29.998452.90.998471.10.018474.20.018474.20.038474.20.048474.20.998474.39.998474.80.998477.10.018701.30.01Section C - U.S. Measures

    1. Articles 301 (TLCAN: Art. 301) and 309 (TLCAN: Art. 309) shall not apply to controls by the United States on the export of logs of all species.

    2. Articles 301 (TLCAN: Art. 301) and 309 (TLCAN: Art. 309) shall not apply to:

  • Taxes on imported perfume containing distilled spirits under existing provisions of section 5001(a)(3) and 5007(b)(2) of the Internal Revenue Code of 1986, 26 U.S.C. 5001(a)(3), 5007(b)(2), and

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  • Measures under existing provisions of the Merchant Marine Act of 1920, 46 App. U.S.C. 883; the Passenger Vessel Act, 46 App. U.S.C. 289, 292, and 316; and 46 U.S.C. 12108, to the extent that such measures were mandatory legislation at the time of the United States' accession to the GATT and have not been amended so as to decrease their conformity with the GATT.

    • 3. Articles 301 (TLCAN: Art. 301) and 309 (TLCAN: Art. 309) shall not apply to:

  • The continuation or prompt renewal of a non-conforming provision of any statute referred to in paragraph 2; and

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  • The amendment to a non-conforming provision of any statute referred to in paragraph 2 to the extent that the amendment does not decrease the conformity of the provision with Articles 301 (TLCAN: Art. 301) and 309 (TLCAN: Art. 309).