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文件日期 |
文件編號 |
Title
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World Trade
Organization S/DCS/W/HND/Rev.1
16 September 2005 (05-4101) Trade in Services Original: Spanish
honduras
Draft Consolidated Schedule of Specific Commitments
Revision
Attached is the revised version of the draft consolidated Schedule of Specific Commitments of Honduras in Word format. This document does not substitute for the legally binding commitments undertaken by Honduras in its Schedule of Specific Commitments (GATS/SC/38; GATS/SC/38/Suppl.1; GATS/SC/38/Suppl.2).
Attached to the draft consolidated Schedule is the consolidated Article II (MFN) Exemption List (GATS/EL/38; GATS/EL/38/Suppl.1).
The draft consolidated versions of the Schedule and the MFN Exemption List were prepared by the Secretariat, at the request of Members, to facilitate the process of negotiations, including the presentation of initial offers.
The revised document contains the Schedule of Commitments of Honduras on Basic telecommunications.
_______________
H
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2005.09.16 |
S/DCS/W/HND/Rev.1 |
Trade in Services - Honduras - Draft Consolidated Schedule of Specific Commitments - Revision
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World Trade
Organization S/DCS/W/BRB/Rev.1/Corr.1
15 June 2005
(05-2511) Trade in Services
BARBADOS
Draft consolidated Schedule of Specific Commitments
Corrigendum
Please note that the fourth bullet point of the third paragraph on the cover page should read as follows:
Page 5, VSAT services (for non-public use) is indented, to show that it is a sub-category of Fixed Satellite Services. The Mode 4 entry in the Market Access column of the same sub-sector now reads: "Unbound except as indicated in the horizontal section" instead of "None, except: two-ended break-out is not permitted."
instead of:
Page 5, VSAT services (for non-public use) is indented, to show that it is a sub-category of Fixed Satellite Services. The Mode 4 entry in the Market Access column of the same sub-sector now reads: "Unbound except as indicated in the horizontal section" instead of "Unbound, except as indicated in the horizontal section".
__________
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2005.06.15 |
S/DCS/W/BRB/Rev.1/Corr.1 |
Trade in Services - Barbados - Draft Consolidated Schedule of Specific Commitments - Corrigendum
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World Trade
Organization S/DCS/W/BRB/Rev.1
1 June 2005 (05-2224) Trade in Services
BARBADOS
Draft consolidated Schedule of Specific Commitments
Revision
Attached is the revised version of the draft consolidated Schedule of Specific Commitments of Barbados in word format. This document does not substitute for the legally binding commitments undertaken by Barbados in its Schedule of Specific Commitments (GATS/SC/9; GATS/SC/9/Suppl.1)
The draft consolidated version of the Schedule was prepared by the Secretariat, at the request of Members, to facilitate the process of negotiations, including the presentation of initial offers.
The revised document contains corrections to entries relating to the telecommunications section of the schedule (2. COMMUNICATION SERVICES, C. Telecommunication Services), on pages 3-6.
Pages 3-5, C. Telecommunication Services; the word "CPC" has been removed from all sectoral entries.
Page 3, C. Telecommunication
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2005.06.01 |
S/DCS/W/BRB/Rev.1 |
Trade in Services - Barbados - Draft Consolidated Schedule of Specific Commitments - Revision
|
World Trade
Organization S/DCS/W/CHN/Corr.1
1 March 2005 (05-0848) Trade in Services
THE PEOPLE'S REPUBLIC OF CHINA
Draft consolidated Schedule of Specific Commitments
Corrigendum
The delegation of China has notified an omission in its draft consolidated Schedule of Specific Commitments, document S/DCS/W/CHN, concerning the entry on "B. Travel Agency and Tour Operator (CPC 7471)" on pages 39-40.
The following text is added at the end of the scheduled limitations to market access, under Mode 3: "Chinese travel agency/tour operator."
The relevant pages of the document after correction are attached for reference.
_______________
Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments B. Travel Agency
and
Tour Operator
(CPC 7471)
(
1) None
(
2) None
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2005.03.01 |
S/DCS/W/CHN/Corr.1 |
Trade in Services - The People's Republic of China - Draft Consolidated Schedule of Specific Commitments
|
World Trade
Organization RESTRICTED S/L/148
21 November 2003 (03-6216) Council for Trade in Services Original: English
IMPLEMENTATION OF SPECIFIC COMMITMENTS IN
TELECOMMUNICATIONs sERVICES
REQUEST FOR A WAIVER
Communication from Albania
The following communication, dated 20 November 2003, from the delegation of Albania is being circulated to the Members of the Council for Trade in Services.
_______________
T
he Government of Albania hereby submits to
the Council for Trade in Services
a request for a waiver
to allow Albania to postpone until 1 January 2005 the application of commitments undertaken in its GATS Schedule with respect to the
exclusivity granted to Albtelecom SH.A ("Albtelecom") for the transmission through its network of international public voice telephony services. This request is presented in accordance with paragraphs 3 and 4 of Article IX of the
Marrakesh Agreement Establishing the World Trade Organization. The exceptional cir
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2003.11.21 |
S/L/148 |
Council for Trade in Services - Implementation of Specific Commitments in Telecommunications Services - Request for a Waiver - Communication from Albania
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1
13 October 2003 (03-5396) Trade in Services Original: Spanish
COSTA RICA
Draft Consolidated Schedule of Specific Commitments
Corrigendum
This document contains two GATS Article II (MFN) exemptions for land transportation services (passenger and freight) and one exemption of a horizontal nature that is applicable to all sectors and is aimed at protecting the measures under bilateral treaties for the promotion and protection of investment designed to encourage, in a preferential manner, the investments of certain countries covered by such agreements.
1
Page 2
Sector or subsector Description of measure indicating its inconsistency with Article II Countries to which the measure applies Intended duration Conditions creating the need for the exemption LAND TRANSPORTATION SERVICES - Passenger transportation Permission to operate an international passenger transportation service against payment is only granted to Costa Rican enterprises or enterprises whose capital includes a minimum of 60 per cent paid up by Central American nationals Guatemala,
in a preferential manner, the investments of certain countries covered by such agreements All countries Indefinite National policies aimed at ensuring that preferential treatment of investments is granted on the basis of reciprocity
__________
This document has been prepared, in Spanish only, under the Secretariat's own responsibility and without prejudice to the positions of Members and to their rights and obligations under the WTO.
/.
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2003.10.13 |
S/DCS/W/CRI/Corr.1 |
Trade in Services - Costa Rica - Draft Consolidated Schedule of Specific Commitments - Corrigendum
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World Trade
Organization RESTRICTED S/DCS/W/EEC/Corr.
1
15 August 2003 (03-4248) Trade in Services Original: English
communication from the European Communities
and ITS Member States pursuant to Article V of the GATS
Accession of Austria, Finland and Sweden to the European Communities
Corrigendum
_______________
On page 3 of the communication, the page numbers referred to should read
as follows:
The reference to "page 3" should read "page 5".
__________
In English only.
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2003.08.15 |
S/DCS/W/EEC/Corr.1 |
Trade in Services - Communication from the European Communities and its Member States Pursuant to Article V of the GATS - Accession of Austria, Finland and Sweden to the European Communities - Corrigendum
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World Trade
Organization S/L/130
4 July 2003 (03-3604) Council for Trade in Services
Seventh decision on acceptance of the fifth protocol
Adopted by the Council for Trade in Services on 3 July 2003
The Council for Trade in Services,
Having regard to the Fifth Protocol to the General Agreement on Trade in Services (GATS),
Notwithstanding the Decision on Acceptance of the Fifth Protocol to the GATS adopted by the Council on 15 February 1999 (S/L/68),
Decides as follows:
The Fifth Protocol shall be reopened for
acceptance by the Republic of Poland from the date of this Decision until 4 August 2003.
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S/L/130 Page 1
S/L/130 Page 1
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2003.07.04 |
S/L/130 |
Council for Trade in Services - Seventh Decision on Acceptance of the Fifth Protocol - Adopted by the Council for Trade in Services on 3 July 2003
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World Trade
Organization RESTRICTED S/DCS/W/EEC
22 April 2003 (03-2137) Trade in Services Original: English
communication from the European Communities
and ITS Member States pursuant to Article V of the GATS
Accession of Austria, Finland and Sweden to the European Communities
The following communication has been received from the delegation of the European Communities and its Member States on 9 April 2003 with the request that it be circulated to Members of the Council for Trade in Services.
_______________
The European Communities and its Member States hereby present the consolidated schedule of specific commitments and the consolidated list of the Article II MFN exemptions of the European Communities and its Member States, resulting from the enlargement of the European Communities to include Austria, Finland and Sweden.
Legal Entities
FIN: Acquisition of shares by foreign owners giving more than one third of the voting rights of a major Finnish company or a major business undertaking (with more than 1000 employees or with a turnover exceeding 1000 million Finnish markka or with a balance sheet total exceeding 1000 million Finnish markka) is subject to confirmation by the Finnish authorities ; the confirmation may be denied only if an important national interest would be jeopardized.
b) All Member States except FIN: Persons working in a senior position, as defined in (i) a) above, within a juridical person, who are responsible for the setting up, in a Member State, of a commercial presence of a service provider of a Member when: - the representatives are not engaged in making direct sale or supplying services; and the service provider has its principal place of business in the territory of a WTO Member other than the Communities and their Member States and has no other representative, office, branch or subsidiary in that Member State.
A: Foreign legal advisors are required to be members of their national Bar Association; they may use their professional title only with reference to the place of registration in their home country 2) None 2) None 3) D: Access subject to acceptance into a Bar Association according to the "Federal Lawyers Act" which requires establishment which is restricted to sole proprietorship or partnership only.
A: Foreign auditors' (who must be authorized according to the law of their home country) equity participation and shares in the operating results of any Austrian legal entity may not exceed 25 per cent; this applies only to non-members of the Austrian Professional Body 4) (i) and (ii): Unbound except as indicated in the horizontal section and subject to the following specific limitations:
A: in addition to the horizontal commitments at the request of a consumer,
FIN: Unbound
A: Foreign accountants (who must be authorized according to the law of their home country) equity participation and shares in the operating results of any Austrian legal entity may not exceed 25 per cent; this applies only to non-members of the Austrian Professional Body 4) (i) and (ii): Unbound except as indicated in the horizontal section and subject to the following specific limitations: 4) (i) and (ii): Unbound except as indicated in the horizontal section and subject to the following specific limitations: F: Condition of nationality.
(iii) Unbound except for A where: as indicated in the horizontal section and subject to the following specific limitations:
(iii) Unbound except as indicated in the horizontal section A: University degree and professional qualifications and three years' experience in the sector.
A: None for pure planning services; the submission of plans for approval by the competent authorities requires cooperation with an established supplier of planning services
2) None
3) None
4) (i) and (ii): All Member States except FIN: Unbound except as indicated in the horizontal section and subject to the following specific limitations:
A: commercial presence required A: Unbound except as indicated in the Market Access column
I, P: Residency requirements
FIN: None
(iii) Unbound except for B, DK, E, NL, UK, S where: as indicated in the horizontal section and subject to the following specific limitations:
B, DK, NL, UK, S: University degree and professional qualifications and three years' professional experience in the sector.
S: Foreign exams giving equivalent competence are recognized after a compulsory complementary training
A: Natural persons may establish a professional practice in Austria provided that the person concerned has practised the profession in question at least three years preceding the setting up of the professional practice in Austria.
b) Software Implementation Services (CPC 842)
1),2), 3) None
4) (i) and (ii): Unbound except as indicated in the horizontal section 1),2), 3) None
4) (i) and (ii): All Member States except FIN: Unbound except as indicated in the horizontal section
FIN: None (iii) Unbound except for B, DK, GR, I, L, NL, S where: as indicated in the horizontal section and subject to the following specific limitations:
(iii) Unbound except as indicated in the horizontal section I, NL: Unbound, except for computer scientists, systems analysts, programmers, software document analysts and field engineers where: university degree and three years' professional experience in the sector.
A: CPC 8491) 1) 2) 3) None
4) (i) and (ii): Unbound except as indicated in the horizontal section 1)2) 3) None
4) (i) and (ii): All Member States except FIN: Unbound except as indicated in the horizontal section
FIN: None (iii) Unbound
(iii) Unbound C.
4) (i) and (ii) Unbound except for A: unbound except as indicated in the horizontal section (iii) Unbound except for F where: concerning the temporary entry of researchers: as indicated in the horizontal section and subject to the following specific limitations:
F: The researchers are in possession of an employment contract from a research body.
A: Commercial presence required 4) (i) and (ii): All Member States except FIN: Unbound except as indicated in the horizontal section and subject to the following specific limitations:
DK: Authorized and unauthorized estate agent: Residence requirement unless waived by the Danish Commerce and Companies Agency.
3) None 4) (i) and (ii): Unbound except as indicated in the horizontal section 4) (i) and (ii): All Member States except FIN: Unbound except as indicated in the horizontal section
FIN: None (iii) Unbound (iii) Unbound b) Relating to Aircraft (CPC 83104) 1) None
2) All Member States except FIN and S: Aircraft used by Community air carriers have to be registered in the Member State licensing the air carrier or elsewhere in the Community.
S: part of CPC 882) 1) 2) 3) None
4) (i) and (ii): Unbound except as indicated in the horizontal section and subject to the following specific limitations:
A: commercial presence required 1) 2) 3) None
4) (i) and (ii): All Member States except FIN: Unbound except as indicated in the horizontal section
FIN: None (iii) Unbound (iii) Unbound h) Advisory and Consulting Services Relating to Mining
(FIN: part of CPC 88.
4) (i) and (ii) Unbound except as indicated in the horizontal section and subject to the following limitations:
A, FIN: Unbound 1) Unbound
2) A, FIN: Unbound
3) A, FIN, P: Unbound
4) (i) and (ii) Unbound except as indicated in the horizontal section and subject to the following limitations:
A, FIN: Unbound (iii) Unbound (iii) Unbound Supply Services of Office Support Personnel (CPC 87203) 1) A D, F, FIN, I, IRL, NL, P, S: Unbound.
In granting the authorization, the Council of Ministers takes into account conditions such as competence, professional integrity and independence, adequacy of the protection provided for the security of the population and the public order.
4) (I) and (ii) Unbound except as indicated in the horizontal section 1) None
2) None
3) None
4) (i) and (ii): All Member States except FIN: Unbound except as indicated in the horizontal section
FIN: None (iii) Unbound (iii) Unbound Telecommunications services are the transport of electro-magnetic signals - sound, data image and any combinations thereof, excluding broadcasting.
2) None
3) None, except for: 1) 2) 3) None The European Communities and their Member States undertake additional commitments as contained in the attachment, all parts of which are equally binding E: None, except that the liberalisation calendar will be as follows: one additional nation wide licence in January 1998; full liberalisation as from 30.
S and FIN: Unbound except for CPC 5111 and 5114: none
S: Unbound
A: Unbound except for 518: None
FIN: None
2) None
3) None
4) (i) and (ii): All Member States except FIN: Unbound except as indicated in the horizontal section
FIN: None
(iii) Unbound except for NL and F where: as indicated in the horizontal section and subject to the following specific limitations:
NL: University degree and professional qualifications and three years' professional experience in the sector.
1) All Member States except A, FIN and S: unbound except for mail order: none
A, FIN and S: none
2) None
3) None
4) (i) and (ii): All Member States except FIN: Unbound except as indicated in the horizontal section
FIN: None
P: Economic needs test for large (i.
A, FIN, S: Unbound
2) A, FIN, S: Unbound
3) A, FIN, S: Unbound
4) (i) and (ii) Unbound except as indicated in the horizontal section and subject to the following limitations:
A, FIN, S:Unbound (iii) Unbound except for F and L where: concerning the temporary entry of professors as indicated in the horizontal section and subject to the following specific limitations:
F: The professors have obtained an employment contract from a university or other higher education institution.
4) (i) and (ii) Unbound except as indicated in the horizontal section and subject to the following limitations:
A: commercial presence required 1) Unbound for all Member States except FIN: None
2) None
3) None
4) (i) and (ii) All Member States except FIN: Unbound except as indicated in the horizontal section
FIN: None (iii) Unbound (iii) Unbound Noise abatement services (CPC 9405) 1) Unbound for all Member States except FIN: None
2) 3) Unbound except A, FIN, S: none
4) (i) and (ii) Unbound except A, FIN, S: unbound except as indicated in the horizontal section and subject to the following limitations:
A: commercial presence required 1) Unbound for all Member States except FIN: None
2) 3) Unbound except A, FIN, S: none
4) (I) and (ii) Unbound except A, S: unbound except as indicated in the horizontal section
FIN: None (iii) Unbound (iii) Unbound Nature and Landscape Protection Services(CPC 9406) 1) Unbound for all Member States except FIN: None
2) 3) None
4) (i) and (ii) Unbound except as indicated in the horizontal section and subject to the following limitations:
A: commercial presence required 1) Unbound for all Member States except FIN: None
2) 3) None
4) (i) and (ii): All Member States except FIN: Unbound except as indicated in the horizontal section
FIN: None (iii) Unbound (iii) Unbound D.
DK: No persons or companies (including insurance companies) may for business purposes in Denmark assist in effecting direct insurance for persons resident in Denmark, for Danish ships or for property in Denmark, other than insurance companies licensed by Danish law or by Danish competent authorities.
FIN: The managing director, at least one auditor and at least one half of the promoters and members of the board of directors and the supervisory board of an insurance company shall have their place of residence in the European Community, unless the Ministry of Social Affairs and Health has granted an exemption.
IRL: The provision of investment services or investment advice requires either (I) authorisation in Ireland, which normally requires that the entity be incorporated or be a partnership or a sole trader, in each case with a head/registered office in Ireland (authorisation may not be required in certain cases, e.
FIN: At least one half of the founders, the members of the board of directors, the supervisory board and the delegates, the managing director, the holder of the procuration and the person entitled to sign in the name of the credit institution shall have their place of residence in the European Community, unless the Ministry of Finance grants an exemption.
converted into drachmas and kept in Greece as long as a foreign bank continues to operate in Greece:
- Up to four (4) branches this minimum is currently equal to half of the minimum amount of share capital required for a credit institution to be incorporated in Greece;
- For the operation of additional branches the minimum amount of capital must be equal to the minimum share capital required for a credit institution to be incorporated in Greece.
the DirectorsGeneral and no less than two thirds of the administrators, and also, when the securities firm has a Supervisory Board or Council, for the members of such board or its DirectorGeneral, and no less than two thirds of the members of the supervisory Council.
Other human health services provided though residential health facilities like health resort hotels and therapeutic bath services (CPC 93193) 1) Unbound
2) 3) Unbound for all Member States except for A: none
4) (i) and (ii) Unbound except A: unbound except as indicated in the horizontal section 1) Unbound
2) 3) Unbound for all Member States except for A: none
4) (I) and (ii) Unbound except A: unbound except as indicated in the horizontal section (iii) Unbound (iii) Unbound C.
4) (i) and (ii): Unbound except as indicated in the horizontal section and subject to the following limitations:
FIN: Unbound (iii) Unbound except for A and F where: as indicated in the horizontal section and subject to the following specific limitations: (iii) Unbound except as indicated in the horizontal section
A: access is limited to persons whose main professional activity is in the field of fine arts, deriving the major part of their income from that activity.
Air Transport Services d) Maintenance and Repair of Aircraft and parts thereof 1) Unbound for all Member States except A: none
2) 3) None
4) (i) and (ii) Unbound except as indicated in the horizontal section 1) Unbound for all Member States except A: none
2) 3) None
4) (i) and (ii): All Member States except FIN: Unbound except as indicated in the horizontal section
FIN: None (iii) Unbound (iii) Unbound Sales and Marketing 1) None
2) None
3) None
4) (i) and (ii) Unbound except as indicated in the horizontal section 1) For distribution through CRS of air transport services provided by CRS parent carrier: unbound.
subject to space and capacity constraints
4) (i) and (ii) Unbound except as indicated in the horizontal section and subject to the following specific limitations:
A: Unbound 1) Unbound*
2) A: Unbound
3) A: Unbound
4) (i) and (ii): All Member States except FIN: Unbound except as indicated in the horizontal section and subject to the following specific limitations:
A: Unbound
FIN: None (iii) Unbound (iii) Unbound F.
Such interconnection is provided:
a) under nondiscriminatory terms, conditions (including technical standards and specifications) and rates and of a quality no less favourable than that provided for its own like services or for like services of nonaffiliated service suppliers or for its subsidiaries or other affiliates;
b) in a timely fashion, on terms, conditions (including technical standards and specifications) and costoriented rates that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled so that the supplier need not pay for network components or facilities that it does not require for the service to be provided; and
c) upon request, at points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of necessary additional facilities.
Finland, Norway, Sweden, Iceland Indefinite Preservation and promotion of the regional identity of the countries concerned Audiovisual services; production and distribution of cinematographic works and television programmes in Nordic countries Measures taken in Finland that are adopted for the implementation of benefits in conformity with such support programmes as the NORDIC FILM and TV FUND in order to enhance production and distribution of audiovisual works produced in Nordic countries Nordic countries Indefinite Preservation and promotion of the regional identity of the countries concerned Audiovisual services; production and distribution of cinematographic works and television programmes in Nordic countries Measures taken in Sweden that are adopted for the granting of broadcasting facilities for programmes from Nordic countries and for the financing of and implementation of benefits from such support programmes as the NORDIC FILM and TV FUND which are intended to enhance production and distribution of audiovisual works produced in Nordic countries Nordic countries Indefinite Preservation and promotion of the regional identity of the countries concerned Road transport - passenger and freight Provisions in existing or future agreements on international road haulage (including combined transport - road/rail) and passenger transport,
Switzerland Indefinite Need to remove obstacles to the taking up and pursuit of non-life insurance business in the framework of an agreement between the European Communities and Switzerland on non-life insurance consistent with the provisions of paragraph 3 of the Annex of Financial Services Financial services Measure granting favourable tax treatment (off-shore regime) in Italy to service suppliers trading with the countries to which the measure applies.
All sectors - principally construction and hotel and catering Measures based upon bilateral agreements between Community Member States and European and Mediterranean countries guaranteeing work permits, for the purposes of temporary contract work, on the basis of contracts between an employer of the third country concerned and a company in the Member State concerned, and which permit limited numbers of workers from the countries concerned to be employed in certain service sectors; the numbers are subject to variation according to criteria established in the agreement.
The criteria taken into account are among others: creation of new jobs; positive foreign currency balance; introduction of advanced technology; reduced industrial pollution; professional training for Portuguese workers; etc.
In Belgium, government participation and voting rights in Belgacom are freely determined under legislative powers as is presently the case under the law of 21 March 1991 on the reform of governmentowned economic enterprises.
Therefore, such branches receive an authorisation to operate in the territory of a Member State under conditions equivalent to those applied to domestic financial institutions of that Member State, and may be required to satisfy a number of specific prudential requirements such as, in the case of banking and securities, separate capitalisation and other solvency requirements and reporting and publication of accounts requirements or, in the case of insurance, specific guarantee and deposit requirements, a separate capitalisation, and the localisation in the Member State concerned of the assets representing the technical reserves and at least one third of the solvency margin.
S/DCS/W/EECPage 4
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2003.04.22 |
S/DCS/W/EEC |
Trade in Services - Communication from the European Communities and its Member States Pursuant to Article V of the GATS - Accession of Austria, Finland and Sweden to the European Communities
|
World Trade
Organization S/DCS/W/TUR/Rev.
The revised document contains corrections to the entries relating to
HORIZONTAL COMMITMENTS: the correct inscription of the first sentence in the National Treatment column for Mode 4 now reads: "The professional services which are assigned only to Turkish citizens by the specific laws cannot be rendered by foreigners either as service providers or as the personnel of service providers.
HORIZONTAL COMMITMENTS ALL SECTORS INCLUDED IN THIS SCHEDULE* 1) None
2) None 3) All investment to be made within the
range of $50,000 and $150,000,000
by non-residents (natural or juridical
persons) through:
- the establishment of incorporated or
limited liability companies; - the purchase of shares including the
portfolio investment registered under
the Foreign Investment Encouragement Law No.
6224, if the investor desires to
participate in the board of directors or
general assembly of the company, as
well as to interfere in the management of it in any other way);
- the opening of branches; and
- the creation of liaison offices, will be authorized by the General Directorate of Foreign Capital provided that such activities are beneficial to the economic development of Turkey, are in the areas open to the Turkish private sector and do not entail a monopoly or special privilege.
Administrative and technical
personnel
Work permits for the employment of the
below defined administrative and technical
personnel of a foreign service provider in the
branch, subsidiary, affiliate or representative
office are given by the relevant authorities in
accordance with the Foreign
1) Doctors, 2) Pharmacists, 3) Nurses, 4)
Veterinarians, 5) Responsible directors of
the factories producing medicine, 6) Guides,
7) Responsible directors of private
hospitals, 8) Responsible directors of
travel agencies, 9) Directors of newspaper, 10)
Dentists, 11) Notaries, 12)Those personnel
working in Free Trade Zones other than
managers and qualified personnel, 13) Those
personnel undertaking coastal commerce and
related activities, 14) Opticians, 15) Doctors,
pharmacists and veterinarians dealing with
laboratory services, 16) Lawyers who
practice in Turkish Courts, 17) Accountants and
Certified Public Accountants.
Computer and Related
Services
(a) Consultancy services
related to the installation of
computer hardware
(CPC 841)
Software implementation
services (CPC 842)
Data processing services
(CPC 840)
1) None
2) None
3)3 None
4)3 None
1) None
2) None
3) None
4) None
(
F.
Other Business Services
(a) Advertising services
(CPC 871)
(b) Market research services
(CPC 864)
(c) Management consulting
services (CPC 865)
(q) Packaging services
(CPC 876)
1) None
2) None
3) None
4) None
1) None
2) None
3) None
4) None
(f) Services incidental to
hunting
(CPC 881)
1) Establishment is required
2) None
3) Only Group A travel agencies may
operate in this field with the
condition of obtaining hunting
licence
4) None 1) None
2) According to the decision of Commission
of Hunting by obtaining the hunting licence,
foreigners may hunt for 10 days and pay US$
50 fee per day.
The
Directorate General of
Communications
established
within the Ministry of
Transport
and Communications
is the Responsible
Body to:
- Regulate the required
qualifications for
operators,
Issue licenses,
Inspect, Give type approval for
telecommunications
terminal
equipment.
2) None
4) Unbound except personnel at the
establishment stage of the system in
case of revenue-sharing applications
1),3)
2) None
4) None i) Voice mail
(CPC 7523)
1),3)Public monopoly
2) None
4) Unbound
1),3)Public monopoly
2) None
4) Unbound
(j) On-line information and
data-base retrieval
(CPC 7523)
1),3)Public monopoly
2) None
4) Unbound
1),3)Public monopoly
2) None
4) Unbound
(k) Electronic data interchange
(CPC 7523)
1),3)Public monopoly.
the ratio of
discrimination in favour of national companies
is determined by the Ministry accordingly to the
Decision of Council of Ministers, advantage
can be obtained up to 15 per cent in favour of
national companies in determining appropriate
value, however, this issue and ratio (also the
system to be applied if partnership of national
and foreign companies exists) should be
mentioned in the bid contract.
Primary, Secondary
and Other Educational
Services
(CPC 921, 922, 929) 1),3)Real and legal foreign persons directly or by
establishing partnership with Turkish citizens
may establish international educational
institutions (including vocational and
technical schools) only for foreign students.
3),4)Engaging of natural persons in brokerage
business or establishment of an insurance and
reinsurance broker company or opening of a
branch of a foreign insurance and reinsurance
broker company in Turkey is subject to prior
permission and obtaining operation licence
from Undersecretariat of Treasury.
Precious metals exchange
3),4)Precious metals intermediaries (banks,
authorized institutions, precious metals
intermediary institutions as well as resident
and non-resident natural or legal persons)
can operate in Istanbul Gold Exchange after
being granted the operation licence by the
Undersecretariat of Treasury and being
registered by the Istanbul Gold Exchange.
4) None (ii) Life 1) Unbound
2) None
3) A certain per cent of paid insurance premiums
is deducted from gross wages and corporate
income in order to determine real individual
and corporate taxable income.
4) None
1),2)None
3) None
4) None
(o) Provision and transfer of
financial information
1),2)None
3) None
4) None
1),2)None
3) None
4) None
(p) Advisory, intermediation
and other auxiliary services 1),2)None
3) None
4) None
1),2)None
3) None
4) None
8.
Hotels and restaurants
(CPC 641-643)
1) Unbound*
2) None
3) None 1) None
2) None
3) None (
4) After receiving the permission of the Ministry
of Interior based on the affirmative opinion of
the Ministry of Tourism, the hotels and
restaurants with the tourism encouragement
certificate,
they are entitled to be awarded the
bids even though their quotations are up to
10 % higher than the lowest foreign flag vessels
quotations) The Undersecretariat of Treasury and Foreign
Trade is authorized to permit the public entities
to have their imported goods transported by
foreign flag vessels.
2) None
3) None
4) None
1) None
2) None
3) None
4) None
(b) Computer reservation
systems 1) None
2) None
3) None
4) None
1) None
2) None
3) None
4) None
(c) Maintenance and repair of
aircraft (CPC 8868) 1) None
2) None
3) Authorization from the Ministry of
Transport is necessary to perform
functions for the maintenance and
repair of aircraft.
4) None
1) Unbound
2) None
3) None
4) None
TURKEY – FINAL LIST OF ARTICLE II (MFN) EXEMPTIONS
Sector or Subsector Description of measure indicating its inconsistency with Article II Countries to which the measure applies Intended duration Conditions creating the need for the exemption ALL SECTORS (a) Extending full national
treatment for the
investments of the nationals
or companies of these
countries.
Germany, USA, The Netherlands, Belgium, Luxembourg, Romania, Bangladesh, Austria, Switzerland, Denmark, Japan, Kuwait, Tunisia, South Korea, Poland, China, United Kingdom, Finland, Hungary, Argentina, Albania, Kyrgyzstan, Turkmenistan, Kazakhstan, Uzbekistan, Georgia, Jordan, Malaysia, Spain, Italy, Norway, Algeria, Russian Federation, Mongolia, Indefinite Desire to create favourable conditions for a greater economic cooperation between Turkey and mentioned countries and to encourage investments by nationals and companies of one country in the territory of the other countries.
Transportation Services
The income and corporate tax rates for the foreign road, maritime and air transport companies, can reciprocally be decreased down to zero or increased to a new rate not exceeding one fold of the existing rate can be determined, as a country by country basis either for each transportation type separately or for all types of them.
Accounting, Auditing and Book-keeping Services
In order to perform the services under the title of "financial advisor", the citizens of the countries which have officially codified the principles for the profession of financial advisory may be authorized, under reciprocal conditions, provided that these persons should have the characteristics required for the professional of financial advisory in Turkey and should have rights to perform similar services in their own countries.
Iran, Syria
Indefinite
Desire to facilitate telecommunication services between Turkey and the
mentioned countries
__________
This document has been prepared, in English only, under the Secretariat's own responsibility and without prejudice to the positions of Members and to their rights and obligations under the WTO.
Foreign contractors or foreign establishments which contracted, solely or jointly with national firms, engineering or architecture-related works with public entities or real and legal persons in the public or private sectors, may employ foreign specialists only for these works with approval of the Ministry of Public Works based on the opinion of the Union of Chambers.
However, the following ships shall also be considered as Turkish:
i) Ships which belong to legal persons such as bodies, institutions, associations and foundations set up in accordance with Turkish Law, the majority of whose Board of Directors are of Turkish nationality.
ii) Ships which belong to the trading companies the majority of whose managerial staff and representatives are of Turkish nationality and are registered on the Turkish Trade Register.
However, the following ships shall also be considered as Turkish: i) Ships
which belong to legal persons such as bodies, institutions, associations and foundations set up in accordance with Turkish Law, the majority of whose Board of Directors are of Turkish nationality.
|
2003.04.22 |
S/DCS/W/TUR/Rev.1 |
Trade in Services - Turkey - Draft Consolidated Schedule of Specific Commitments - Revision
|
World Trade
Organization S/DCS/W/AUS/Rev.
AUSTRALIA – SCHEDULE OF SPECIFIC COMMITMENTS
Modes of supply: Cross-border Consumption abroad Commercial presence Presence of natural persons Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments ALL SECTORS INCLUDED IN THIS SCHEDULE 3) Notification and examination under Australia's foreign investment policy guidelines and the Foreign Acquisitions and Takeovers Act 1975.
In addition to the specific foreign investment policy requirement set out in those parts of this Schedule concerning financial services and international shipping, proposals for foreign interests to invest in the services identified in the Schedule are examined under the Government's policy guidelines without the need to demonstrate economic benefits or to provide for Australian equity participation and are approved unless national interest considerations arise.
3) Australia's foreign investment policy guidelines
apply to foreignowned or controlled enterprises
after establishment in Australia
At least two of the directors of a public company
must be ordinarily resident in Australia Unbound for current and future measures at the federal, state or local government levels according rights or preferences to any indigenous person or organisation providing for the favourable treatment of any indigenous person or organisation in relation to acquisition, establishment or operation of any commercial or industrial undertaking in the service sector.
Executives and senior managers being natural persons who are employees of a company operating in Australia, and who will be responsible for the entire or a substantial part of that company's operations in Australia, receiving general supervision or direction principally from higher level executives, the board of directors or stockholders of the business, including directing the company or a department or sub- division of it; supervising and controlling the work of other supervisory, professional or managerial employees; and having the authority to establish goals and policies of the department or sub-division of the company.
c) Service sellers, as business visitors, without requiring compliance with labour market tests, for periods of initial stay of up to 6 months Service sellers being natural persons not based in Australia who are (sales) representatives of a service supplier and are seeking temporary entry for the purpose of negotiating for the sale of services or entering into agreements to sell services for that service supplier, where those representatives will not be engaged in making direct sales to the general public or in supplying services themselves.
Labour market testing is not required for (i)
natural persons who have specialised
knowledge at an advanced level of a
proprietary nature of the company's operations
and have been employed by the company for a
period of not less than two years and (ii) if the
position in question is within a labour
agreement in force at the time of application.
3) Joint offices involving revenue-sharing between foreign law firms and Australian local law firms are permitted in NSW, Victoria, Queensland and Tasmania subject to the foreign law firms satisfying certain requirements, including in relation to liability, standard of conduct and professional ethics.
Real estate services
a) Involving own or leased property
(821)
1) Commercial presence required
2) Commercial presence required
3) None
4) Unbound except as indicated in the horizontal section.
d) Services related to management consulting
(86601, 86609)
Excludes arbitration and conciliation services
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section.
Covers consultancy services related to the transmission and distribution on a fee or contract basis of electricity, gaseous fuels and steam and hot water to household, industrial, commercial and other users
k) Placement and supply services of personnel
(872) 1) Unbound
2) None
3) None
4) Unbound except as indicated in the horizontal section.
Activities of establishments engaged in provision of planning, organising, managing and marketing services for conventions and similar events (including catering and beverage services) t) Other:
Telephone answering services
(87903)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section.
7522,7523, 7529** a) Voice telephone services
b) Packet-switched data
transmission services
c) Circuit-switched data
transmission services
d) Telex services
e) Telegraph services
f) Facsimile services
g) Private leased circuit
services
o) Other
Digital Cellular services
Paging services
Personal Communications
Services 1) None
2) None
3) Primary supply of satellite services limited
to two service providers (licensed general
carriers) until 30 June 1997.
h) Electronic mail
(7523**) 1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section i) Voice mail
(7523**) 1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section 1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section j) On-line information and data base retrieval
(7523**) 1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section k) Electronic data interchange (EDI)
(7523**)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section l) Enhanced/value-added facsimile services,
including store and retrieve
(7523**)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section m) Code and protocol conversion
(7523**) 1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section 3.
FINANCIAL SERVICES
Australia undertakes its specific commitments on financial services in accordance with the "Understanding on Commitments in Financial Services" (hereinafter
referred to as the "Understanding").
Banking and Other
financial service
(excluding insurance) 1) The investment at interest in Australia of
official reserves by foreign central banks and
foreign government monetary institutions is
approved by the Reserve Bank provided that it
obtains assurance from the investing authority that it will aim to be a stable holder of the Australian dollar and that it will consult with the Bank in the event of significant changes in its Australian dollar portfolio.
1), 3) A number of State and Territory
Governments operate central financing
authorities through which the Government's
wholly or partlyowned statutory authorities
and business enterprises are obliged to borrow
(and in some cases invest) their funds, or
otherwise obtain certain financial services:
SA South Australian Government Financing
Authority, Local Government Finance
Authority of South Australia
TAS Tascorp
NSW NSW Treasury Corporation
VIC Treasury Corporation of Victoria
QLD Queensland Treasury Corporation,
Queensland Investment Corporation
NT Northern Territory Treasury Corporation
WA Western Australian Treasury
Corporation 1), 3)The financial operations of some State or
Territory owned entities may be guaranteed by
the State or Territory Governments.
Maritime transport services
International transport (freight
and passengers)
(7211 and 7212 less cabotage and offshore transport as defined in Attachment A)
1) a) Liner Shipping: Part X of the Trade
Practices Act 1974 requires that every ocean carrier who provides international liner cargo
shipping services to or from Australia shall, at all times, be represented for the purpose of the
Act, by a person who is an individual resident in Australia; has been appointed by the ocean carrier as the ocean carrier's agent for the purposes of the Act, and is specified in the register of ocean carrier agents as the ocean carrier's agent.
Maritime freight forwarding services (as defined in Attachment A) 1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section Preshipment inspection (as defined in Attachment A) 1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section.
Activities of establishments engaged in providing and maintaining computer reservation to other enterprises engaged in the provision of travel agency services, including transport and accommodation booking, tour and travel wholesaling/retailing - to establishments engaged in providing reservation services (such as travel agencies etc.
A major supplier is a supplier which has the ability to materially affect the terms of participation (having regard to price and supply) in the relevant market for basic telecommunications services as a result of:
(a) control over essential facilities; or
(b) use of its position in the market.
2 Safeguards
The anti-competitive practices referred to above shall include in particular:
(a) engaging in anti-competitive cross-subsidization;
(b) using information obtained from competitors with anti-competitive results; and
(c) not making available other services suppliers on a timely basis technical information about essential facilities and commercially relevant information which are necessary for them to provide services
2.
(a) under non-discriminatory terms, conditions (including technical standards and specifications) and rates and of a quality no less favourable than that provided for its own like services or for like services of non-affiliated service suppliers or for its subsidiaries or other affiliates;
(b) in a timely fashion, on terms, conditions (including technical standards and specifications) and cost-oriented rates that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled so that the supplier need not pay for network components or facilities that it does not require for the service to be provided; and
(c) upon request, at points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of necessary additional facilities.
Public availability of licensing criteria
Where a licence is required, the following will be made publicly available:
(a) all the licensing criteria and the period of time normally required to reach a decision concerning an application for a licence; and
(b) the terms and conditions of individual licences.
Allocation and use of scarce resources
Any procedures for the allocation and use of scarce resources, including frequencies, numbers and rights of way, will be carried out in an objective, timely, transparent and non-discriminatory manner.
These activities include:
marketing and sales of maritime transport and related services through direct contact with customers, from quotation to invoicing, these services being those operated or offered by the service supplier itself or by service suppliers with which the service seller has established standing business arrangements;
- the acquisition, on their own account or on behalf of their customers (and the resale to their customers) of any transport and related services, including inward transport services by any mode, particularly inland waterways, road and rail, necessary for the supply of the integrated service;
the preparation of documentation concerning transport documents, customs documents, or other documents related to the origin and character of the goods transported;
the provision of business information by any means, including computerised information systems and electronic data interchange (subject to the provisions of the Annex on Telecommunications);
the setting up of any business arrangements (including participation in the stock of a company) and the appointment of personnel recruited locally (or, in the case of foreign personnel, subject to the horizontal commitment on movement of personnel) with any locally established shipping agency;
acting on behalf of the companies, organising the call of the ship or taking over cargoes when required.
It was agreed that this approach could be applied subject to the following understanding:
i) it does not conflict with the provisions of the Agreement;
ii) it does not prejudice the right of any Member to schedule its specific commitments in accordance with the approach under Part III of the Agreement;
iii) resulting specific commitments shall apply on a most-favoured-nation basis;
iv) no presumption has been created as to the degree of liberalization to which a Member is committing itself under the Agreement.
on the basis of negotiations, and subject to conditions and qualifications where specified,
Notwithstanding Article XIII of the Agreement, each Member shall ensure that financial service suppliers of any other Member established in its territory are accorded mostfavourednation treatment and national treatment as regards the purchase or acquisition of financial services by public entities of the Member in its territory.
Each Member shall permit non-resident suppliers of financial services to supply, as a principal, through an intermediary or as an intermediary, and under terms and conditions that accord national treatment, the following services:
a) insurance of risks relating to:
i) maritime shipping and commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods and any liability arising therefrom; and
ii) goods in international transit;
b) reinsurance and retrocession and the services auxiliary to insurance as referred to in subparagraph 5 a) iv) of the Annex;
c) provision and transfer of financial information and financial data processing as referred to in subparagraph 5 a) xv) of the Annex and advisory and other auxiliary services, excluding intermediation, relating to banking and other financial services as referred to in subparagraph 5 a) xvi) of the Annex.
No Member shall take measures that prevent transfers of information or the processing of financial information, including transfers of data by electronic means, or that, subject to importation rules consistent with international agreements, prevent transfers of equipment, where such transfers of information, processing of financial information or transfers of equipment are necessary for the conduct of the ordinary business of a financial service supplier.
Each Member shall endeavour to remove or to limit any significant adverse effects on financial service suppliers of any other Member of:
a) non-discriminatory measures that prevent financial service suppliers from offering in the Member's territory, in the form determined by the Member, all the financial services permitted by the Member;
b) non-discriminatory measures that limit the expansion of the activities of financial service suppliers into the entire territory of the Member;
c) measures of a Member, when such a Member applies the same measures to the supply of both banking and securities services, and a financial service supplier of any other Member concentrates its activities in the provision of securities services; and
d) other measures that, although respecting the provisions of this Agreement, affect adversely the ability of financial service suppliers of any other Member to operate, compete or enter the Member's market;
provided that any action taken under this paragraph would not unfairly discriminate against
financial service suppliers of the Member taking such action.
or access to, any selfregulatory body, securities or futures exchange or market, clearing agency, or any other organization or association, is required by a Member in order for financial service suppliers of any other Member to supply financial services on an equal basis with financial service suppliers of the Member, or when the Member provides directly or indirectly such entities, privileges or advantages in supplying financial services, the Member shall ensure that such entities accord national treatment to financial service suppliers of any other Member resident in the territory of the Member.
Official co-production status, which may be granted to a co-production produced under these co-production arrangements, confers national treatment on works covered by these arrangements, including in respect of access to finance and tax concessions and simplified requirements for the temporary entry of skilled personnel into Australia for the purposes of the co-production.
Italy, UK, Canada and France and any other country where cultural co-operation might be desirable and which is prepared to exchange preferential treatment on the terms and conditions specified in the Australian co-production programme
Indefinite
To promote collaborative efforts between Australian and foreign film producers and general cultural links
Audiovisual Services
Measures taken to respond to any unreasonable measures imposed on Australian services or service suppliers by another Member
Members maintaining MFN exemptions which provide for unreasonable unilateral actions
This exemption will only be activated in the event of any other Member maintaining exemptions which provide for unreasonable unilateral action
To protect Australia from any unreasonable unilateral actions from other Members
__________
This document has been prepared, in English only, under the Secretariat's own responsibility and without prejudice to the positions of Members and to their rights and obligations under the WTO.
Access rights will be guaranteed by legislation and the terms and conditions of access will be established primarily through processes of commercial negotiation or by reference to access undertakings given by access providers which may draw upon an industry code of practice.
|
2003.04.22 |
S/DCS/W/AUS/Rev.1 |
Trade in Services - Australia - Draft Consolidated Schedule of Specific Commitments - Revision
|
World Trade
Organization S/DCS/W/THA/Rev.
1
11 April 2003 (03-1986) Trade in Services Original: English
THAILAND
Draft consolidated Schedule of Specific Commitments
Revision
Attached is a revised version of the draft consolidated version of the Schedule of Specific Commitments of Thailand in word format (S/DCS/W/THA).
HORIZONTAL COMMITMENTS ALL SECTORS INCLUDED IN THIS SCHEDULE
3) Unless otherwise specified, commercial
presence in sectors or subsectors in this
schedule is permitted only through a limited
liability company which is registered in
Thailand and which meets the following
conditions:
(a) Foreign equity participation must not
exceed 49 per cent of the registered capital;
and
(b) The number of foreign shareholders must
be less than half of the total number of
shareholders of the company concerned.
(a) A natural person who stays in Thailand for not
more than 90 days for the purpose of
participating in business meetings or contacts,
entering into contract to sell or purchase
services, visiting of business establishments or
other similar activities; A corporate transferee of the managerial or
executive level or a specialist, provided that such person has been employed by the company concerned outside Thailand for a period of not less than one year immediately preceding the date of his or her application for admission and has satisfied the criteria for management needs stipulated by the Department of Employment.
Other Business Services
(a) Advertising services (CPC
87110+87120 +87190)
1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent
4) None
(b) Market research and public
opinion polling services
(CPC 86401 to 86402)
1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent
4) None (c) General management
consulting services (CPC
86501)
1) None
2) None
3) None other than that indicated in the
horizontal section
4) (a) As indicated in the horizontal section
(b) Unbound for legal and auditing consultants
1) None
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent
4) None (e) Technical testing and
analysis services
(CPC 86761+86769)
1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent
4) None
(f) Services incidental to
agriculture;
Consultancy services on
agricultural extension:
- soil preparation
- seed production
- plant protection
- harvesting
- grading
- packing
- storaging
1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent
4) None
Soil analysis laboratory
1) None
2) None
3) None other than that indicated in the
horizontal section
4) Unbound
1) None
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent
4) Unbound
Soil survey and land use
planning
1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent
4) None
Cover crop seed
multiplication
1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent
4) None
(f) Services incidental to
forestry:
Forestry consultant services
1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent
4) None
(g) Services incidental to
fishing:
International trading,
exporting products services
(broker)
1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent
4) None
Quality analysis services
1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent
4) None
Canning process analysis
services
1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent
4) None
Technical services - Consulting
- Research on marketing
- Quality control
1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent
4) None
(h) Services incidental to
mining at oil and gas fields
1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) (a) As indicated in the horizontal section
(b) Unbound for civil engineer
1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent
4) None
(n) Maintenance and repair
services of office
machinery and equipment
including computers (CPC
84500)
1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent
4) None
(q) Packaging services
(CPC 87600)
1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) Unbound
1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent
4) Unbound
(r) Publishing and printing
services excluding
publishing newspaper (CPC
88442)
1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) Unbound
1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent
4) Unbound
(t) Other
Translation and
interpretation services
(CPC 87905)
1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent
4) None
2.
2 Radio application service is subject to
frequency availability 1) None 2) None
3) (a) Shall be a Thai registered company with
foreign equity participation not exceeding 40
per cent of the registered capital and the
number of foreign shareholders must not
exceed 40 per cent of the total number of
shareholders of the company
(b) Such company shall be permitted under
the built-transferred-operated concept
(c) Must use public telecommunication
network under national telecommunication
authorities 2) None
3) No limitations as long as foreign equity
participation does not exceed 40 per cent
4) As indicated in the horizontal section
4) None Other
Telecommunications equipment sales services (part of CPC 75420) 1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) (a) As indicated in the horizontal section
(b) Unbound for civil engineer
1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent
4) None Telecommunications
consulting services
(CPC 75440)
1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) (a) As indicated in the horizontal section
(b) Unbound for civil engineer
1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent
4) None
Videotex
(part of CPC 75299) 1) 1.
Other
Cleaning services of
exhaust gases (including
industrial emission
abatement)
(CPC 9404)
1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent
4) None Noise abatement services
(CPC 9405)
1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent
4) None Nature and landscape
protection services
(CPC 9406)
1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent
4) None
Other environmental
protection services
(CPC 9409)
1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent
4) None
7.
4) None (d) Services auxiliary to
insurance (excluding
pension funding services)
1) Unbound
2) Unbound
1) Unbound
2) Unbound Insurance broking and
agency services (CPC
81401) (Brokers shall not
induce, advise or do any
acts so as to cause any
person to enter into
insurance contracts with
insurers abroad, except for
reinsurance contracts)
3) Foreign equity participation not to exceed 25
per cent.
Banking and Other
Financial Services
Acceptance of deposits and
other repayable funds from
the public
Lending of all types,
including consumer credit,
mortgage credit, factoring
and financing of
commercial transactions
Financial leasing 1) None for financial advisory and financial data
processing.
Asset management as
follows:
- cash or portfolio
management
- collective investment
management
- custodian and depository
services
Advisory, intermediation
and other auxiliary
financial services
Provision and transfer of
financial information, and
financial data processing
and related software (ii) The Minister of Finance
upon recommendation of the Bank of Thailand may relax the above-mentioned limits on maximum foreign equity participation and combined shareholding of an individual and his/her related persons, subject to the terms and conditions announced by the Minister of Finance, including the following:
- the relaxation is deemed necessary to improve the condition or business of the commercial bank;
- such equity participation will be authorized for a period of up to 10 years, with foreign shareholders who enter in this period being grandfathered thereafter with respect to the absolute amount of their equity holding.
Hotel Lodging Services
(CPC 64110)
1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent
4) None
Restaurant Services
(CPC 64210) 1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent
4) None
Catering Services
(CPC 64230) 1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent
4) None
B.
Sporting Services
(excluding other sporting
services specified in CPC
96419)
(CPC 96411 + 96412 +
96413)
1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent
4) None
Recreation Park and Beach
Services (CPC 96494) 1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent
4) None
11.
2) except branch office: As
indicated in the horizontal section 1) None
2) None
3) (a) Unbound
(b) None
4) (a) Ships' crews: Unbound
(b) Other personnel: As indicated in the
horizontal section
4) (a) Unbound
(b) None (f) Supporting Services for maritime transport
(CPC 745)
Shore reception facilities
(collection of waste/oily
water from ships) 1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent
4) None
Port captain's services
attached to specific foreign
vessels 1) None
2) None
3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section
1) None
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent
4) None
Marine surveys and
classification societies for
the purpose of providing
accurate documentation and
certification of vessels None other than those under regulations
stipulated by the Harbour Department
None
None other than that indicated in the
horizontal section
As indicated in the horizontal section None
None
No limitations as long as foreign equity
participation does not exceed 49 per cent
None
Freight forwarding services
1) Unbound
2) None
3) None other than that indicated in the
horizontal section
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent
4) None
C.
Road Transport Services
Other non-scheduled
passenger transportation
(b) Freight transportation only
for frozen or refrigerated
goods, bulk liquids or gases
and containerized freight
(CPC 71231 to 71233)
1) Unbound
2) None
3) (a) None other than that indicated in the
horizontal section
(b) Not less than half of the board of directors
of the company must be Thai nationality
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent
4) None
(c) Rental services of
passenger cars with
operator (CPC 71222)
1) Unbound
2) None
3) (a) None other than that indicated in the
horizontal section
(b) Not less than half of the board of directors
of the company must be Thai nationality
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent
4) None
(c) Rental services of buses
and coaches with operator
(CPC 71223)
1) Unbound
2) None
3) (a) None other than that indicated in the
horizontal section
(b) Not less than half of the board of directors
of the company must be Thai nationality
4) As indicated in the horizontal section
1) Unbound
2) None
3) No limitations as long as foreign equity
participation does not exceed 49 per cent
4) None
H.
________________
THAILAND – FINAL LIST OF ARTICLE II (MFN) EXEMPTIONS
Sector or Subsector Description of measure indicating its inconsistency with Article II Countries to which the measure applies Intended duration Conditions creating the need for the exemption Business services
- Auditing services
Bilateral agreement based on reciprocity treatment
Countries which allow Thai nationals to practise auditing in their territories
Indefinite
Reciprocal basis
- Publishing newspapers
Thailand will grant permission to a natural person of the countries which have treaties with Thailand
Countries which have treaties with the Thai Government
Indefinite
Reciprocal basis
Computer reservation system services
Only airlines/CRS partners which are in Amadeus system can bring in and install their own systems in Thailand
Countries whose CRS operators are in Amadeus system and intend to bring in and install the systems to any travel agencies in Thailand
Indefinite
To ensure that local operators are able to make complete access to the Amadeus system within a certain period of time
Transport services
- Selling and marketing of maritime transport services
- Selling and marketing of air transport services
The value added tax in use comprises three rates,
- Countries which do not levy VAT or other taxes of similar nature on juristic persons constituted in accordance with Thai law on the basis of reciprocity
Indefinite
Reciprocal basis
International maritime transport of cargoes
1) Rights to carry all products: Treaty of Amity and Economic Relations between the Kingdom of Thailand and the United States of America
2) Cargo sharing
The United States of America
10 years
Bilateral agreement
- Commercial Maritime Navigation Agreement between the Government of the Kingdom of Thailand and the Government of the Socialist Republic of Vietnam
The Socialist Republic of Vietnam
10 years
Bilateral agreement
- Agreement of Maritime Transport between the Government of the Kingdom of Thailand and the Government of the People's Republic of China
The People's Republic of China
10 years
Bilateral agreement
International road transport services
- Passenger transportation
- Freight transportation
- Rental of non- commercial vehicles with/without driver
Reciprocity treatment
Countries that have the agreement on international road transport with Thailand
Indefinite
Reciprocal basis
Aircraft repair and maintenance services
Thailand will grant permission to airlines of those countries which treat Thai carriers on reciprocal basis
- Countries whose airline is accepted as a designated airline by Thailand under bilateral air services agreements
- Countries whose regulations do not prevent Thai carriers from performing similar activities in that country
Indefinite
Reciprocal basis
Service sectors stipulated in the relevant articles of the Treaty of Amity and Economic Relations especially Articles 4 and 10
Only American citizens and entities are granted national treatment with respect to operating business and providing services in Thailand
The United States of America
10 years
Bilateral agreement
__________
This document has been prepared,
( Note: The scope and classification of sub-sectors contained in this schedule, unless otherwise specified, corresponds to the explanatory notes for services listed in the 1991 Central Product Classification (CPC) of the United Nations Statistical Office, while the ordering is based on the Services Sectoral Classification List set out in document MTN.
In considering managerial needs, the following facts shall be taken into consideration by the relevant authority, namely: (1) size of fully paid-up capital; (2) employment creation; (3) extent of foreign investment; (4) export promotion; (5) transfer of technology; (6) special needs of the management.
S/DCS/W/THAPage 1
S/DCS/W/THA Page 1
S/DCS/W/THA/Rev.
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Trade in Services - Thailand - Draft Consolidated Schedule of Specific Commitments - Revision
|
World Trade
Organization S/DCS/W/POL/Rev.
The revised document contains corrections to the entries relating to
Horizontal Commitments: the correct inscription in the National Treatment column for Mode 4 now reads "Acquisition of real estate, direct and indirect, by foreigners and foreign legal persons requires permission" instead of "Unbound with respect to acquisition of real estate by foreign natural persons.
Banking and Other Financial Services, subsector "Provisions and transfer of financial information, and financial data processing and related software by suppliers of other financial services,": the correct inscription in the Market Access column for Mode 3 now reads "Requirement to use the public telecommunication network or the network of other authorized operator in the case of cross-border provision and/or consumption of these services.
HORIZONTAL COMMTIMENTS ALL SECTORS
INCLUDED IN THIS
SCHEDULE Unbound in relation to subsidies and other
form of public assistance
Unbound in relation to subsidies and other
form of public assistance
3) The establishment by foreign service suppliers
may only take the form of limited liability
company or joint stock company.
- establishment of a joint-venture company with a foreign equity in which the Polish party is a state legal person and is contributing non-
pecuniary assets as initial capital; - arranging a contract, that includes right to use of state property for more than 6 months
or decides on acquiring of such property
Unbound in relation to subsidies and other
form of public assistance
4) Unbound except for enabling foreign service
suppliers acting in areas covered by this
schedule and established in Poland to
temporary employment of key personnel in
conformity with the Polish law meaning
managers or specialists, possessing high or
uncommon qualifications or knowledge
necessary for the functioning of the enterprise
under the condition that such persons must
have been employed by this enterprise at 4) Acquisition of real estate, direct and indirect, by foreigners and foreign legal persons requires permission least one year.
Other Business Services
a) Advertising (CPC 871
excluding advertising of
tobacco products, alcoholic
beverages,
pharmaceuticals)
1) Unbound
2) None
3) None
4) Unbound except for horizontal measures
1) Unbound
2) None
3) None
4) None
c) Management consulting
services (CPC 865)
1) None
2) None
3) None
4) Unbound except for horizontal measures
1) None
2) None
3) None
4) None
f) Services incidental to
agriculture, hunting and
forestry (CPC 881)
1) None
2) None
3) None
4) Unbound except for horizontal measures
1) None
2) None
3) None
4) None
h) Services incidental to
mining and oil-field (CPC
883 excluding exploitation
of natural resources)
1) None
2) None
3) None
4) Unbound except for horizontal measures
1) None
2) None
3) None
4) None
p) Photographic services
(CPC 875 excluding aerial
photography) 1) None
2) None
3) None
4) Unbound except for horizontal measures 1) None
2) None
3) None
4) None
r) Printing, publishing
(CPC 88442) 1) None
2) None
3) Nationality requirement for the editor-in-chief
of newspapers and journals
4) Unbound except for horizontal measures.
1) Only Polish companies with no foreign equity
may be permitted to use equipment, lines, and
networks directly linked to equipment, lines and
networks located abroad
2) Only Polish companies with no foreign equity
may be permitted to use equipment, lines, and
networks directly linked to equipment, lines and
networks located abroad
3) Only Polish companies with no foreign equity
may be permitted to use equipment, lines, and
networks directly linked to equipment,
lines and networks located abroad
4) None
1),2),3),4)
When the limitations of foreign participation are applied, Polish citizens domiciliated in Poland must have majority in the board of directors and supervising body.
4) Unbound except for horizontal measures
4) Unbound except for horizontal measures
(o) Others
- cable television and radio
networks services;
1) Unbound
2) Unbound
3) The limitation of foreign capital and voting
rights is 49%
4) Unbound except for horizontal measures.
EDUCATIONAL
SERVICES
- Private educational services
(CPC 921, 922, 923, 924)
1) Public system of education and of
scholarships do not cover educational services
supplied from abroad
2) Public system of education and of
scholarships do not cover educational services
supplied abroad
3) None
4) Unbound except for horizontal measures
1) None
2) None
3) None
4) None
6.
1) Unbound
2) Unbound
3) None
4) None
- In relation to transferable
securities trading for own
account or for account of
customers, whether on an
exchange, in an over-the-
counter market or otherwise
(CPC 8132** except
81329)
- Mutual funds services
(CPC 81323**)
- Advisory and other auxiliary services to financial services included into this schedule
(CPC 8133 ** except 81333, 81339)
- Provisions and transfer of financial information, and financial data processing and related software by suppliers of other financial services
1) Requirement to use the public
telecommunication network,
Airline Transport Services
c) Rental of aircraft with crew
(CPC 734)
1) None
2) None
3) None
4) Unbound except for horizontal measures 1) None
2) None
3) None
4) None d) Maintenance and repair of
aircraft (CPC 8868**)
1) None
2) None
3) None
4) Unbound except for horizontal measures
1) None
2) None
3) None
4) None
ANNEX
The Republic of Poland
Additional Commitments Schedule on Basic Telecom Services
Scope
The following are definitions and principles on the regulatory framework for the basic telecommunications services.
(a) under non-discriminatory terms, conditions (including technical standards and specifications) and rates and of a quality no less favourable than that provided for its own like services or for like services of non-affiliated service suppliers or for its subsidiaries or other affiliates;
(b) in a timely fashion, on terms, conditions (including technical standards and specifications) and cost-oriented rates that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled so that the supplier need not pay for network components or facilities that it does not require for the service to be provided; and
(c) upon request, at points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of necessary additional facilities.
Public availability of licensing criteria
Where a licence is required, the following will be made publicly available:
(a) all the licensing criteria and the period of time normally required to reach a decision concerning an application for a licence and
(b) the terms and conditions of individual licences.
_______________
POLAND – FINAL LIST OF ARTICLE II (MFN) EXEMPTIONS
Sector or Subsector Description of measure indicating its inconsistency with Article II Countries to which the measure applies Intended duration Conditions creating the need for the exemption All sectors
Commercial presence notions contained in:
- commerce and navigation treaties;
- business and economic
relation treaties;
- promotion and protection of
foreign investment
agreement;
that go beyond limitations embodied in Poland's schedule of specific commitments
All countries
Indeterminate
Reciprocal provisions of existing and future agreements
All sectors
Poland accepts compulsory arbitration of investor/state investment disputes brought by or in respect of service suppliers of countries with which Poland has or may have agreements providing for such procedure
All countries
Indeterminate
Promotion and protection of foreign investment
All passenger and freight transport services excluding maritime transport
Reciprocity requirement concerning supply of transport services by suppliers of countries concerned - in, into and across the territory of such countries
All countries
Indefinite
System of reciprocal agreements - existing and future - on transport cooperation (or of similar character) and promotion and protection of foreign investments, implementing - among others - transportation quotas resulting from bilaterally agreed system of permits
Sale and marketing of air transport services and Computer Reservation Systems
Preferential market access resulting from bilateral air transport agreements
All countries
Indeterminate
Reciprocal provisions concerning supply of air transport services embodied in bilateral air transport agreements
Audiovisual services - motion picture and video tape production and distribution services
Preferential treatment of audiovisual works, including preferential access to funding
All countries
Indefinite
The aim of such agreements is to promote cultural links between countries concerned on the basis of co-production agreements
Audiovisual services - production and distribution of cinematography works and television programmes
Preferential treatment that is adopted for the implementation of benefits, in conformity with support programmes and suppliers of these programmes,
meeting specific European origin criteria
All European countries
Indefinite
Preservation and promotion of the regional identity of the countries concerned
Audiovisual services - transmission of audiovisual works to the public
Preferential measures that are applied for the implementation and in conformity with the regulations such as the EC Television Broadcasting Directive (No 89/552) and which define programmes of European origin in order to extend national treatment to audiovisual programmes meeting specific criteria
Parties to the Council of Europe Convention on Transfrontier Television or other European countries with which an agreement may be concluded
Indefinite
The promotion of cultural identity within the broadcasting sector in Europe, as well as achievement of certain cultural policy objectives
Fishing and fishing-related services
Preferential treatment - in the area of fisheries jurisdiction of countries involved - in relation to the services and service providers from countries with which Poland has favourable fishery relations based on compliance to the international conservation practices and polices or agreements on fisheries, particularly in the Baltic Sea basin
All countries
Indeterminate
Cooperation concerning the conservation of fisheries and fishing based on the practice as well as existing and future agreements, particularly in the Baltic Sea basin
__________
This document has been prepared, in English only,
There is non-discriminatory system of foreign exchange controls relating to limitations in foreign exchange turnover and to system of foreign exchange permits (general and individual) among others limitations of capital flows and currency payments.
The following foreign exchange transactions require authorization:
transfer of foreign exchange out of the country;
transfer of Polish currency into the country;
ownership transfer of the right to monetary assets between domestic and foreign persons;
granting and drawing of loans and credits by domestic persons in foreign exchange transactions;
fixing or executing payments in foreign currencies within Poland for acquired goods, real estate, property rights, services or labour;
opening and possessing of a banking account in a bank situated abroad;
acquiring and holding foreign securities and acquiring real estate abroad;
undertaking other obligations abroad of similar effect.
Only three technically different telecommunication systems - based on equipment mostly produced in Poland - can be applied within public telecommunication network (or other networks larger than voievodships).
|
2003.04.11 |
S/DCS/W/POL/Rev.1 |
Trade in Services - Poland - Draft Consolidated Schedule of Specific Commitments - Revision
|
World Trade
Organization S/DCS/W/ISL/Rev.
_______________
ICELAND – SCHEDULE OF SPECIFIC COMMITMENTS
Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments I.
HORIZONTAL COMMITMENTS ALL SECTORS INCLUDED IN THIS SCHEDULE 3) All foreign investment and currency transfers
must be reported to the Central Bank of
Iceland
Investment by non-residents in the
manufacturing industry, other than power-
intensive industry, trade services,
communications and fish farming may not
exceed 25% of the total investment of the
relevant sector without special permission.
3) Treatment accorded to subsidiaries of third-
country companies formed in accordance with
the law of an EEA Member State and having
their registered office, central administration or
principal place of business within an EEA
Member State may not be extended to branches
or agencies established in an EEA Member
State by a third-country company
Treatment less favourable may be accorded to
subsidiaries of a third-country company formed
in accordance with the law of an EEA Member
State having only their registered office in the
territory of an EEA Member State unless they
show that they possess an effective and
continuous link with the economy of one of the
EEA Member States
All foreign investment of a Foreign State or
companies/organizations owned by a Foreign
State requires a special concession of the
Ministry of Commerce
Managers and the majority of the members of
the board of directors in all domestic enterprises
must be domiciled in Iceland unless exempted
from this requirement by the Ministry of
Commerce Non-residents cannot conclude an agreement
on real-estate lease without the permission of
the Ministry of Justice if the lease is for a
period exceeding three years and not for use in
conducting its normal business activities
At least one of the auditors of an Icelandic
limited liability company must be a resident in
Iceland or a competent resident CPA company Non-residents may only acquire real estate in
conjunction to their business activities and can
only obtain ordinary proprietary rights linked
to the real estate
Non-residents are thus excluded from
obtaining full property rights of real estate if
unusual rights are linked to it,
such as
exploitation rights as regards waterfalls,
geothermal energy, etc
Contracts concerning ownership and long-
term use of real-estate by non-residents are not
valid until the Ministry of Justice has endorsed
it in writing
Non-residents, natural as well as legal
persons, involved in trade in goods or rental of
videos, need a trade permit but such regulated
trade licences are required for both Icelandic
and non-resident providers of service
All provision of services by natural persons,
as self-employed or taking part in a business
enterprise with unlimited liability, needs a
concession, by the Ministry of Commerce, if
the persons involved are non-residents
Movement of Personnel
Temporary entry of service providers
4) Unbound except the temporary entry of the
following service providers as intra-corporate
transferees, which Iceland shall permit
without requiring compliance with labour
market tests:
Executives: persons who primarily direct the
management of the organization covered by
the agreement and establish its goals and
generally have a wide decision-making
authority.
1) None
2) None
3) Ability in the Icelandic language required
4) Ability in the Icelandic language required
(k) Other 1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section 1) None
2) None
3) None
4) None Computer and Related
Services
(a) Consultancy services
related to the installation of
computer hardware
(CPC 841)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section
1) None
2) None
3) None
4) None
(b) Software development
(including software
implementation)
CPC 842)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section
1) None
2) None
3) None
4) None
(c) Data processing services
(CPC 843)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section
1) Concession needed if personal-data is to be
processed outside Icelandic jurisdiction
2) None
3) None
4) None
(d) Data base services
(CPC 844)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section
1) Concession needed if personal-data is to be
processed outside Icelandic jurisdiction
2) None
3) None
4) None
(e) Other
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section
1) Concession needed if personal-data is to be
processed outside Icelandic jurisdiction
2) None
3) None
4) None
C.
4) Unbound except as indicated in the horizontal
section
1) None
2) None
3) None
4) None
(b) Relating to aircraft
(CPC 83104)
1) None
2) None
3) To be registered in the aircraft register the
aircraft must be owned by Icelandic natural or
juridical persons resident in Iceland
4) Unbound except as indicated in the horizontal
section
1) None
2) None
3) None
4) None
(c) Relating to other transport equipment (CPC 83101 + 83102 + 83105)
1) None
2) None
None
4) Unbound except as indicated in the horizontal
section
1) None
2) None
3) Residency requirement for car rental services
4) Residency requirement for car rental services
(d) Relating to other machinery
and equipment
(CPC 832)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section
1) None
2) None
3) None
4) None
(e) Other
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section
1) None
2) None
3) None
4) None
F.
hunting and
forestry (CPC 881) 1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section
1) None
2) None
3) None
4) None
(i) Services incidental to
manufacturing
(CPC 884+885/except for
88442)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section
1) None
2) None
3) None
4) None
(k) Placement and supply
services of personnel
(CPC 872)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section
1) None
2) None
3) None
4) None
(m) Related scientific and
technical consulting
services (CPC 8675)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section
1) None
2) None
3) None
4) None
(n) Maintenance and repair of
equipment (CPC
633+8861-8866; not
including maritime vessels,
aircraft or other transport
equipment)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section
1) None
2) None
3) None
4) None
(o) Building-cleaning services
(CPC 874)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section
1) None
2) None
3) None
4) None
(p) Photographic services
(CPC 875)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section
1) None
2) None
3) None
4) None
(q) Packaging services
(CPC 876)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section
1) None
2) None
3) None
4) None
(r) Printing, publishing
(CPC 88442)
1) None
2) None
3),4) Nationality or residency requirement of at
least one year for publishing of newspapers or
magazines within the national territory.
Hotels and Restaurants
(including catering)
(CPC 641-643)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section
1) None
2) None
3) Condition of licenses is one year previous
residency
4) Condition of licenses is one year previous
residency
B.
Air Transport Services
Maintenance and repair of
aircraft and parts thereof
1) Unbound*
2) None
None
Unbound except as indicated in the horizontal
section
1) Unbound*
2) None
3) None
4) None Sales and marketing
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section 1) For distribution through CRS of air transport
services provided by CRS parent carrier:
unbound
2) None
3) For distribution through CRS of air transport
services provided by CRS parent carrier:
unbound
4) None
Computer Reservations
System
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section
1) For obligations of parent or participating carriers in respect of a CRS controlled by an air carrier of one or more third countries: unbound
2) None
3) For obligations of parent or participating carriers in respect of a CRS controlled by an air carrier of one or more third countries:
4) None
Road Transport Services
(a) Passenger transportation
(CPC 7121+7122)
1) None
2) None
3),
4) Unbound except as indicated in the horizontal
section
1) None
2) None
3) None
4) None
(b) Freight transportation
(CPC 123)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section
1) None
2) None
3) None
4) None
(c) Rental of commercial
vehicles with operator
(CPC 7124)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section
1) None
2) None
3) None
4) None
(d) Maintenance and repair of
road transport equipment
(CPC 6112+8867) 1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section
1) None
2) None
3) None
4) None
(e) Supporting services for
road transport services
(CPC 744)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section
1) None
2) None
3) None
4) None
H.
Such interconnection is provided1:
(a) under non-discriminatory terms, conditions (including technical standards and specifications) and rates and of a quality no less favourable than that provided for its own like services or for like services of non-affiliated service suppliers or for its subsidiaries or other affiliates2,
(b) in a timely fashion, on terms, conditions (including technical standards and specifications) and cost-oriented rates that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled so that the supplier need not pay for network components or facilities that it does not require for the service to be provided; and
(c) upon request, at points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of necessary additional facilities.
Public availability of licensing criteria
Where a licence is required, the following will be made publicly available:
(a) all the licensing criteria and the period of time normally required to reach a decision concerning an application for a licence and
(b) the terms and conditions of individual licences.
These activities include, but are not limited to:
(a) marketing and sales of maritime transport and related services through direct contact with customers, from quotation to invoicing, these services being those operated or offered by the service supplier itself or by service suppliers with which the service seller has established standing business arrangements;
(b) the acquisition, on their own account or on behalf of their customers (and the resale to their customers) of any transport and related services, including inward transport services by any mode, particularly inland waterways, road and rail, necessary for the supply of the integrated service;
(c) the preparation of documentation concerning transport documents, customs documents, or other documents related to the origin and character of the goods transported;
(d) the provision of business information by any means, including computerised information systems and electronic data interchange (subject to the provisions of the annex on telecommunications);
(e) the setting of any business arrangements (including participation in the stock of a company) and the appointment of personnel recruited locally (or, in the case of foreign personnel,
_______________
ICELAND - LIST OF ARTICLE II (MFN) EXEMPTIONS
Sector or Subsector Description of measure indicating its inconsistency
with Article II Countries to which the measure applies Intended duration Conditions creating the need for the exemption ALL SECTORS
Measures aimed at promoting Nordic cooperation such as:
- guarantees and loans to investment projects and exports (The Nordic Investment Bank)
- financial support to R&D projects (The Nordic Industrial Fund)
- funding of feasibility studies for international projects (The Nordic Fund for Project Exports)
- financial assistance to companies* utilizing environmental technology (The Nordic Environment Finance Corporation).
89/552) and which define programmes of European origin in order to extend national treatment to audiovisual programmes meeting specific origin criteria
Parties to the Council of Europe Convention on Transfrontier Television or other European countries with whom an agreement may be concluded
Indefinite
The promotion of cultural identity within the broadcasting sector in Europe, as well as achievement of certain linguistic policy objectives
Audiovisual services; production and distribution of cinematographic works and television programmes
Measures that are adopted for the implementation of benefits in conformity with such support programmes as MEDIA and EURIMAGES to audiovisual programmes and suppliers to these programmes, meeting specific European origin criteria
European countries
Indefinite
Preservation and promotion of the regional identity of the countries concerned
Support programmes for the production and distribution of cinematographic works and television programmes (The Nordic Film and TV Fund)
Denmark,
Finland, Norway and Sweden
Indefinite
To maintain and develop Nordic cooperation
Measures based upon government-to-government framework agreements, and plurilateral agreements, on co-production of audiovisual works, which confer National Treatment to audiovisual works covered by these agreements, in particular in relation to distribution and access to funding
All countries with whom cultural cooperation may be desirable (agreements already exist, or are being negotiated, with the following countries: France, Canada)
Indefinite (The promotion of cultural links between countries cannot be time bound)
The aim of these agreements is to promote cultural links between the countries concerned
__________
This document has been prepared, in English only, under the Secretariat's own responsibility and without prejudice to the positions of Members and to their rights and obligations under the WTO.
2 Different terms, conditions and rates may be set in Iceland for operators in different market segments, on the basis of non-discriminatory and transparent national licensing provisions, where such differences can be objectively justified because these services are not considered "like services".
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2003.04.11 |
S/DCS/W/ISL/Rev.1 |
Trade in Services - Iceland - Draft Consolidated Schedule of Specific Commitments - Revision
|
World Trade
Organization S/DCS/W/IND
2 April 2003 (03-1841)
Trade in Services Trade in Services Original: English
Communication from INDIA
Draft consolidated Schedule of Specific Commitments
Attached herewith is the draft consolidated version of the Schedule of Specific Commitments and List of Article II (MFN) Exemptions of India.
(b) Intra-corporate transferees
At the level of Managers, Executives and Specialists who have been in the employment of a juridical person of another Member for a period not less than one year prior to the date of application for entry into India and are being transferred to a branch or a representative office or a juridical person owned or controlled by the aforesaid juridical person.
Executives are:
Persons who are in senior positions within a juridical person including a branch who primarily direct the management, have wide decision-making powers and are either members of the board of directors or receive directions from the board or the general body of shareholders.
Computer and Related Services
(a) Consultancy services related to the installation of computer hardware (CPC 841)
(b) Software implementation services (CPS 842)
(c) Data processing services (CPC 843)
(d) Database services (CPC 844)
(e) Maintenance and repair services of office machinery and equipment including computers (CPC 845)
1) Unbound
2) Unbound
3) Only through incorporation with a foreign equity ceiling of 51 per cent
4) Unbound except as indicated in the horizontal section
1) Unbound
2) Unbound
3) None
4) Unbound except as indicated in the horizontal section C.
Franchisees of service operators can provide commercial facsimile services
4) Unbound except as indicated in the horizontal commitments
1) Unbound
2) Unbound
3) Unbound
4) Unbound except as indicated in the horizontal commitments (g) Private Leased Circuit Services (CPC 7522**) 1) Unbound
2) Unbound
3) Licensed voice telephone service operators will be permitted to provide leased circuits to their customers,
4) Unbound except as indicated in the horizontal commitments 1) Unbound
2) Unbound
3) Unbound
4) Unbound except as indicated in the horizontal commitments
Data and message transmission services, the following:
(h) Electronic mail
(CPC 7523**)
(i) Voice mail
(CPC 7523**)
(j) On-line information and data base retrieval (CPC 7523**)
(l) Enhanced / value added facsimile services, including store and forward, store and retrieve (CPC 7523**)
(n) On-line information and/or data processing (CPC 843**)
1) None
2) Unbound
3) Only through incorporation with a foreign equity ceiling of 51%
4) Unbound except as indicated in the horizontal section.
5 Interconnection: dispute settlement
A service supplier requesting interconnection with a major supplier will have recourse, either:
(a) at any time or
(b) after a reasonable period of time which has been made publicly known
to a domestic regulatory authority to resolve disputes regarding appropriate terms, conditions and rates for interconnection within reasonable period of time, to the extent that these have not been established previously.
1) Unbound
2) Unbound*
3) Subject to the prescribed authority having certified that the motion picture has:
(a) won an award in any of the international film festivals notified by the Ministry of Information & Broadcasting, Government of India; or
(b) participated in any of the official sections of the notified international film festivals; or
(c) received good reviews in prestigious film journals notified by the Ministry of Information & Broadcasting, Government of India
4) Unbound except as indicated in the horizontal section
3.
domestic laws, rules and regulations and the terms and conditions of the Reserve Bank of India, Securities and Exchange Board of India and any other competent authority in India.
5(a)(iii) 1),2) Reinsurance of domestic risks can be placed with foreign reinsurers through overseas brokers, to the extent mentioned under reinsurance and retrocession 1) Unbound
2) Unbound 3) (i) Overseas brokers are allowed to have resident representatives and representative offices who can procure reinsurance business from Indian insurance companies to the extent mentioned above.
5(a)(x)(A)(B)(E)
(vi) Licences for new foreign banks may be denied when the maximum share of assets in India both on and off balance sheet of foreign banks to total assets both on and off balance sheet of the banking system exceeds 15 per cent.
The foreign equity participation will be limited to recognized foreign stock broking companies
4) Unbound except as indicated in the horizontal section
1) Unbound
2) Unbound
3) Unbound except for entities established in accordance with the limitations specified in the market access column
4) Unbound except as indicated in the horizontal section 4.
Travel Agency and Tour Operator Services
(CPC 747) 1) Unbound
2) Unbound
3) Only through incorporation with a foreign equity ceiling of 51 per cent
4) Unbound except as indicated in the horizontal section
1) Unbound
2) Unbound
3) None
4) Unbound except as indicated in the horizontal section
INDIA – final LIST OF ARTICLE II (MFN) EXEMPTIONS
Sector or Sub-sector Description of measure indicating its inconsistency with Article II Countries to which the measure applies Intended duration Conditions creating the need for the exemption 2.
AUDIOVISUAL SERVICES Measures which define norms for co-production of motion pictures and television programmes with foreign countries and grant national treatment to motion pictures and television programmes co-produced with foreign countries which maintain a co-production agreement with India
All countries indefinite The agreements aim at the promotion of cultural exchange.
SHIPPING
Cargo sharing between bilateral partners
b) Cargo Reservations
Equality in freight liftings originating in the ports of partners to the agreement and equality in freight earnings
Cargo reservation under the UN Code of Conduct for Liner Conferences, Sharing of cargo between the national lines of contracting states and third – country lines in the ratio of 40:40:20 as provided in the Liner Code.
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2003.04.02 |
S/DCS/W/IND |
Trade in Services - Communication from India - Draft consolidated Schedule of Specific Commitments
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