Investment > Bilateral Investment Treaties > United States � Bolivia > Annex

ANNEX

1. The Government of the United States of America may adopt or maintain exceptions to the obligation to accord national treatment to covered investments in the sectors or with respect to the matters specified below:

   • atomic energy;

   • customhouse brokers;

   • licenses for broadcast, common carrier, or aeronautical radio stations;

   • COMSAT;

   • subsidies or grants, including government supported loans, guarantees and insurance;

   • state and local measures exempt from Article 1102 of the North American Free Trade Agreement pursuant to Article 1108 thereof; and

   • landing of submarine cables.

   Most favored nation treatment shall be accorded in the sectors and matters indicated above.

2. The Government of the United States of America may adopt or maintain exceptions to the obligation to accord national and most favored nation treatment to covered investments in the sectors or with respect to the matters specified below:

   • fisheries;

   • air and maritime transport, and related activities;

   • banking, securities, and other non-insurance financial services; and

   • one-way satellite transmissions of direct-to-home (DTH) and direct broadcast satellite (DBS) television services and of digital audio services.

3. The Government of the United States of America may adopt or maintain exceptions to the obligation to accord national and most favored nation treatment to covered investments, provided that the exceptions do not result in treatment under this Treaty less favorable than the treatment that the Government of the United States of America has undertaken to accord in the North American Free Trade Agreement with respect to another party to that Agreement, in the sector or with respect to the matter specified below:

   • insurance.

4. The Government of the Republic of Bolivia may adopt or maintain exceptions to the obligation to accord national treatment to covered investments in the sectors or with respect to the matters specified below:

   • the acquisition and/or possession by foreigners, directly or indirectly, through any type of title, of land or subsoil within 50 kilometers of Bolivia's borders, in so far as required by Article 25 of the Constitution;

   • subsidies or grants, including government supported loans, guarantees and insurance; and

   • the obligation of foreign construction and consulting companies participating in public sector tenders to associate with one or more Bolivian companies.

   Most favored nation treatment shall be accorded in the sectors and matters indicated above.

5. The Government of the Republic of Bolivia may adopt or maintain exceptions to the obligation to accord national and most favored nation treatment to covered investments in the sectors or with respect to the matters specified below:

   • air transport;

   • transportation on interior navigable waterways; and

   • limitation on foreign equity ownership of international passenger and freight land transportation companies to a maximum of 49 percent.

6. With respect to the leasing of minerals and pipeline rights of way on government lands:

   1. The Government of the Republic of Bolivia agrees to accord national treatment to covered investments, subject to limitations set forth in Article 25 of the Constitution of the Republic of Bolivia;

   2. The Government of the United States of America agrees to accord national treatment to covered investments, subject to the Mineral Lands Leasing Act.

PROTOCOL
 

1. The Parties confirm their mutual understanding that advantages given to national suppliers in government procurement programs are not precluded by Article VI.

2. The Government of the Republic of Bolivia confirms that pursuant to the Treaty, Article 3 of the Bolivian Labor Law shall not apply to top managerial personnel.

3. The Parties confirm their mutual understanding that the provisions of Article IX do not apply to government contract disputes, except where

   1. such contracts contain investment authorizations,

   2. such contracts constitute investment agreements, or

   3. such disputes arise out of or relate to an alleged breach of any right conferred, created or recognized by this Treaty with respect to a covered investment.

4. With respect to Article XV, paragraph 1(b), the Government of the United States confirms that its federal system of government contains substantial protections against burdens on commerce, including investment, by a State of the United States with respect to investors of other States of the United States.

5. The Government of the Republic of Bolivia confirms that joint ventures may be established in Bolivia, including in the areas within 50 kilometers of its borders, without any limitation on the respective capital contributions or proportionate shares of the joint venture partners.