World Trade
Organization RESTRICTED WT/ACC/SPEC/KHM/6/Corr.
1
18 August 2003 (03-4286) Working Party on the
Accession of Cambodia

accession of CAMBODIA

Draft Schedule of Specific Commitments in Services
Draft List of Article II MFN Exemptions

Corrigendum

The following changes should be made to the commitments circulated in document WT/ACC/SPEC/KHM/6:

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 A.
(3) None Presence of natural persons (4) Unbound except for measures concerning the entry and temporary stay of a natural person who falls in one of the following categories:

Business visitors

A natural person who:

enters Cambodia for the purposes of participating in business meetings, establishing business contacts including negotiations for the sale of services and/or other similar activities;
stays in Cambodia without receiving income from within Cambodian sources;
does not engage in making direct sales to the general public or supplying services.
Persons responsible for setting up of a commercial establishment:

Persons working in an executive or managerial position, receiving remuneration from an entity as defined below, within a juridical person, who are responsible for the setting up, in Cambodia, of a commercial presence of a service provider of a Member, that will support employment of persons described in a,
b) Managers: without requiring compliance with labour market tests, natural persons employed by a juridical entity and who possess knowledge at an advanced level of expertise or proprietary knowledge of a juridical entity product, service, research, equipment, techniques, or management, and who primarily direct the organization or a department of the organization; supervise and control the work of other supervisory, professional or managerial employees; have the authority to hire and fire or recommend hiring, firing or other personnel actions; and exercise discretionary authority over day-to-day operations.
(c) Taxation services (CPC 8630) (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 (d) Architectural services (consulting, planning or design services)(CPC 8671) (1) None
(2) None
(3) None
(4) Unbound, except as indicated in the horizontal section.
(h) Services incidental to mining (CPC 883**)
Exclusively covers consultancy on a fee or contract basis relating to mining and oil field development
(j) Services incidental to energy distribution (887**)
Exclusively covers only consultancy services related to the transmission and distribution on a fee or contract basis of electricity,
(k) Placement and supply services of Personnel (CPC 872)
(m) Engineering related scientific and technical consulting services (CPC 8675)
(q) Packaging services (CPC 876) (1) None
(2) None
(3) None
(4) Unbound, except as indicated in the horizontal section.
(a) Voice telephone services (CPC 7521)
(b) Packet-switched data transmission services (CPC 7523**)
(c) Circuit-switched data transmission services (CPC 7523**)
(d) Telex services (CPC 7523**)
(e) Telegraph services (CPC 7522)
(f) Facsimile services (CPC 7521**+ 7529**)
(g) Private leased circuit services (CPC 7522**+7523**) (1) Services provided only over the circuits leased from Telecom Cambodia.
Wholesale trade services

Wholesale trade services of motor vehicles (CPC61111)

Sales of parts of motor vehicles (CPC6113)

Sales of motorcycles and related parts (CPC6121)

Wholesale trade services of radio and television equipment, musical instruments and records, music scores and tapes (CPC62244) (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.
(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 (c) Reinsurance and retrocession (CPC 81299) (1) None, except companies must reinsurance 20% of their risk in Cambodia Re until 31 December 2008.
(f) Trading for own account or for account of customers, whether on an exchange, in an over-the-counter market or otherwise, the following

(A) money market instruments (including cheques, bills, certificates of deposits);
(B) foreign exchange
(C) derivative products including, but not limited to, futures and options;
(D) exchange rate and interest rate instruments, including products such as swaps, forward rate agreements;
(E) transferable securities;
(F) other negotiable instruments and financial assets, including bullion

(g) Participation in issues of all kinds of securities, including underwriting and placement as agency (whether publicly or privately) and provision of services related to such issues;

(h) Money broking;

(i) Asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial, depository and trust services;

(j) Settlement and clearing services for financial assets, including securities, derivative products, and other negotiable instruments;

(k) Provision of financial information, and financial data processing and related software by suppliers of other financial services

(l) Advisory, intermediation and other auxiliary financial services on all the activities listed in subparagraphs (v) through (xv), including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy.
(CPC 96199):
-- Cinema theatre services, including cinema projection services (1) None Unbound
(2) None
(3) None, except subject to requirement for local shareholding of up to 49%
(4) Unbound, except as provided in the horizontal section (1) None Unbound
(2) None
(3) None

(4) Unbound, except as indicated in the horizontal section XI.
Maritime Services International transport (Freight and passengers) (CPC7211 and 7212), excluding cabotage
(1) Unbound
(2) Unbound
(3) Unbound
(4) Unbound (1) Unbound
(2) Unbound
(3) Unbound
(4) Unbound Where not otherwise made available to the international maritime transport suppliers pursuant to Article XXVIII (c) (ii), no measures shall be applied which deny reasonable and non-discriminatory access to the following services:

1.
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 to other services suppliers on timely basis technical information about essential facilities and commercially relevant information which are necessary for them to provide services.
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 an independent domestic body, which may be a regulatory body as referred to in paragraph 5 below, to resolve disputes regarding appropriate terms, conditions and rates for interconnection within a reasonable period of time,
Final List of Article II (MFN) Exemptions of Cambodia

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 Audiovisual services
- Production and distribution of television programmes and cinematographic works Measures based upon coproduction agreements of audiovisual works,
Countries with which such bilateral or plurilateral agreements are in force, now or in the future All countries with whom cultural cooperation may be desirable Indefinite
The aim of these agreements is to promote cultural links between the countries concerned Audiovisual Services
- Production and distribution of television programmes and cinematographic works Measures granting the benefit of support programmes (such as “Fonds d’aide a la production de l”agence intergouvernmental de la Francophonie”) to audiovisual works, and suppliers of such works meeting origin criteria.
Maritime transport Establishes procedures, charges, and specific regulations for maritime transport applicable for ships of countries concerned operating in Siam Gulf.
__________

If legal services provided in foreign law (including home country and third country law) and international law, the commercial association with Cambodian law firms is not required.

The main criteria are: the number of and impact on existing restaurants, historical and artistic characteristics of the location, geographic spread, impact on traffic conditions and creation of new employment.