Article 1201: Scope and Coverage

    1. This Chapter applies to measures adopted or maintained by a Party relating to cross-border trade in services by service providers of another Party, including measures respecting:

  • The production, distribution, marketing, sale and delivery of a service;
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  • The purchase or use of, or payment for, a service;
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  • The access to and use of distribution and transportation systems in connection with the provision of a service;
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  • The presence in its territory of a service provider of another Party; and
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  • The provision of a bond or other form of financial security as a condition for the provision of a service.
  • 2. This Chapter does not apply to:

  • Financial services, as defined in Chapter Fourteen (Financial Services);
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  • Air services, including domestic and international air transportation services, whether scheduled or non-scheduled, and related services in support of air services, other than
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  • Aircraft repair and maintenance services during which an aircraft is withdrawn from service, and
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  • Specialty air services;
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  • Procurement by a Party or a state enterprise; or
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  • Subsidies or grants provided by a Party or a state enterprise, including government-supported loans, guarantees and insurance.
  • 3. Nothing in this Chapter shall be construed to:

  • Impose any obligation on a Party with respect to a national of another Party seeking access to its employment market, or employed on a permanent basis in its territory, or to confer any right on that national with respect to that access or employment; or
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  • Prevent a Party from providing a service or performing a function such as law enforcement, correctional services, income security or insurance, social security or insurance, social welfare, public education, public training, health, and child care, in a manner that is not inconsistent with this Chapter.