Common use of Scope and Coverage Clause in Contracts

Scope and Coverage. 1. This Chapter applies to measures adopted or maintained by a Party affecting trade in services by service suppliers of the other Party. Such measures include measures affecting: (i) the purchase or use of, or payment for, a service; (ii) the access to and use of, in connection with the supply of a service, services which are required by the Parties to be offered to the public generally; or (iii) the presence, including commercial presence, of persons of a Party for the supply of a service in the territory of the other Party. 2. For purposes of this Chapter, measures adopted or maintained by a Party means measures adopted or maintained by: (i) central, regional or local governments and authorities; and (ii) non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities. 3. This Chapter does not apply to: (a) government procurement; (b) air services (4) , including domestic and international air transportation services, whether scheduled or non-scheduled, and related services in support of air services, other than: (i) aircraft repair and maintenance services; (ii) the selling and marketing of air transport services; and (iii) computer reservation system (CRS) services; and (c) subsidies or grants provided by a Party, including government-supported loans, guarantees, and insurance. 4. This Chapter does not impose any obligation on a Party with respect to a natural person of the other Party seeking access to its employment market, or employed on a permanent basis in its territory, and does not confer any right on that natural person with respect to that access or employment. 5. This Chapter does not apply to services supplied in the exercise of governmental authority in a Party's territory. A service supplied in the exercise of governmental authority means any service which is supplied neither on a commercial basis, nor in competition with one or more service suppliers. 6. Nothing in this Chapter shall prevent a Party from applying measures to regulate the entry of natural persons of the other Party into, or their temporary stay in, its territory, including those measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across its borders, provided that such measures are not applied in such a manner as to nullify or impair the benefits accruing to the other Party under the terms of this Chapter.

Scope and Coverage. 1. This Chapter applies to measures adopted or maintained by a Party affecting cross-border trade in services by service suppliers of the other Party. Such measures include measures affecting: : (ia) the production, distribution, marketing, sale, and delivery of a service; (b) the purchase or use of, or payment for, a service; ; (iic) the access to and use ofof distribution, transport, or telecommunications networks and services in connection with the supply of a service, services which are required by the Parties to be offered to the public generally; or ; (iiid) the presence, including commercial presence, of persons presence in its territory of a Party service supplier of the other Party; and (e) the provision of a bond or other form of financial security as a condition for the supply of a service in the territory of the other Partyservice. 2. For purposes of this Chapter, measures adopted or maintained by a Party means measures adopted or maintained by: : (ia) central, regional regional, or local governments and authorities; and and (iib) non-governmental bodies in the exercise of powers delegated by central, regional regional, or local governments or authorities. 3. This Notwithstanding paragraph 1: (a) Articles 12.4, 12.7, and 12.8 shall also apply to measures adopted or maintained by a Party affecting the supply of a service in its territory by a covered investment; (1) and (b) Annex 12-B shall apply to measures adopted or maintained by a Party affecting the supply of express delivery services, including by a covered investment. 4. Notwithstanding paragraph 1, this Chapter does not apply to: : (a) government procurement; financial services as defined in Article 13.20 (Definitions), except that paragraph 3 shall apply where the financial service is supplied by a covered investment that is not a covered investment in a financial institution (as defined in Article 13.20) in the Party's territory; (b) government procurement; (c) air services (4) services, including domestic and international air transportation services, whether scheduled or non-scheduled, and related services in support of air services, other than: : (i) aircraft repair and maintenance servicesservices during which an aircraft is withdrawn from service; and (ii) the selling and marketing of specialty air transport services; and or (iii) computer reservation system (CRS) services; and (cd) subsidies or grants provided by a Party, including government-supported loans, guarantees, and insurance. 45. This Chapter does not impose any obligation on a Party with respect to a natural person national of the other Party seeking access to its employment market, or employed on a permanent basis in its territory, and does not confer any right on that natural person national with respect to that access or employment. 56. This Chapter does not apply to services supplied in the exercise of governmental authority in a Party's territory. A service supplied in the exercise of governmental authority means any service which is supplied neither on a commercial basis, nor in competition with one or more service suppliers. 67. Nothing in this Chapter or any other provision of this Agreement shall prevent be construed to impose any obligation on a Party from applying regarding its immigration measures, including admission or conditions of admission for temporary entry. (1) For greater certainty, the scope and coverage of application of Articles 12.4, 12.7, and 12.8 to measures adopted or maintained by a Party affecting the supply of a service in its territory by a covered investment is limited to regulate the entry scope and coverage specified in Article 12.1 of natural persons this Chapter, subject to any applicable non- conforming measures and exceptions. (2) For greater certainty, nothing in this Chapter, including paragraph 3 and Annex 12-B, is subject to investor-state dispute settlement under Section B (Investor-State Dispute Settlement) of Chapter Eleven (Investment). (3) For greater certainty, paragraph 7 does not limit the application of this Agreement to measures other than immigration measures that affect the supply of a service by a national of a Party in the territory of the other Party into, or their temporary stay in, its territory, including those measures necessary to protect Party. The Parties shall consult regarding paragraph 7 within two years of the integrity ofdate this Agreement enters into force, and to ensure at two-year intervals afterward, unless the orderly movement of natural persons across its borders, provided that such measures are not applied in such a manner as to nullify or impair the benefits accruing to the other Party under the terms of this ChapterParties otherwise agree.