Common use of Cross-Border Trade in Services Clause in Contracts

Cross-Border Trade in Services. 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: (a) The production, distribution, sale and delivery of a service; (b) The purchase or use of, or the payment by a service; (c) Access to and use of distribution and transportation systems, or telecommunications networks and services in connection with the supply of a service; (d) The presence in its territory of a service supplier of the other party; and (e) The provision of a bond or other form of financial security as a condition for the provision of a service. 2. For the purposes of this chapter, measures adopted or maintained by a Party means measures adopted or maintained by unparte means measures adopted or maintained by:: (a) Governments and national authorities or local level; and (b) Non-governmental bodies in the exercise of powers delegated by Governments or national or local authorities. 3. Articles 10.5, 10.7 and 10.8 shall apply to measures by a party affecting the supply of a service in its territory by an investor of the other party as defined in article 9.28 (definitions) or a covered investment. 1. 4. This chapter does not apply to: (a) Financial services as defined in article 10.12; (b) Air services including domestic and international air transportation, scheduled and non-scheduled and related services in support of air services except: (i) Maintenance services and repair of aircraft during the period in which an aircraft is withdrawn from service; (ii) Air and specialty services; (iii) The computer reservation system services; 2 (c) Public procurement; or (d) Subsidies or grants provided by a party, including 3 loans, guarantees and insurance government-supported 4. 5. This chapter does not impose any obligation on a Party with respect to a national of the other party who wish to enter the labour market or who is permanently employed in its territory, or confer any right on that with respect to that national access or employment. 6. This chapter does not apply to services supplied in the exercise of governmental authority within the territory of a party. 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.