World Trade
Organization S/DCS/W/AUS
24 January 2003 (03-0450) Trade in Services Original: English

AUSTRALIA

Draft consolidated Schedule of Specific Commitments

Attached is a draft consolidated version of the Schedule of Specific Commitments of Australia in word format.
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 SECTOR 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.
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.
1) None
2) None
3) At least one equity partner in a firm engaged in advising on foreign law matters must be a permanent resident (NSW, Victoria); at least one equity partner in a foreign law firm must be resident for a minimum period of
180 days per calendar year (Queensland).
Computer and related services a) Consultancy services related to the installation of computer hardware
(841) 1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section.
Real Estate Service
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
(CPC 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
( CPC 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
(CPC 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)
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
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
(CPC 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.

Essential facilities mean facilities of a public telecommunications transport network or service that:

(a) are exclusively or predominantly provided by a single or limited number of suppliers; and

(b) cannot feasibly be economically or technically substituted in order to provide a service.
(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.
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 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, to the extent that these have not been established previously.
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,
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, have inscribed in their schedule specific commitments conforming to the approach set out below.
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.
S/DCS/W/AUSPage 2

S/DCS/W/AUS Page 1

S/DCS/W/AUSPage 34

S/DCS/W/AUS
Page 35

S/DCS/W/AUSPage 44

S/DCS/W/AUS Page 43

S/DCS/W/AUSPage 1

S/DCS/W/AUS
Page 45

World Trade
Organization RESTRICTED TN/S/O/AUS
2 April 2003 (03-1870) Council for Trade in Services
Special Session Original: English

AUSTRALIA

Initial Offer

The following initial offer has been received from the delegation of Australia on 31 March with the request that it be circulated to Members of the Council for Trade in Services.
_______________

AUSTRALIA – SCHEDULE OF SPECIFIC COMMITMENTS INCORPORATING INITIAL OFFER (MARCH 2003)
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 SCHEDILE 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.
3) Joint offices involving revenue-sharing between foreign law firms and Australian local law firms are permitted in NSW, Victoria, Queensland, Tasmania the ACT and the NT subject to the foreign law firms satisfying certain requirements, including in relation to liability, standard of conduct and professional ethics.
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.
m) Related scientific and technical consulting services
(86752**, 86753)

Assembly and assessment of land and geographic related information; practice of the science of measurement; use of that information for the purpose of planning and implementing the administration of the land and sea.
Telecommunications
services

Covers the following sub-sectors from the Services Sectoral
Classification List and related CPC numbers 7521,7522,7523, 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.
The Government has introduced legislation
aimed at implementing an unlimited number of
basic telecommunications carrier licences
from 1 July 1997 and no sector specific foreign
equity limits for new carriers.
h) Electronic mail
(CPC 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
( CPC 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
(CPC 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)
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
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
(CPC 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").
The market access commitments with respect to "crossborder supply" and "consumption abroad" (as described in paragraphs 2(a) and 2(b) of
Article I of the Agreement) bound in this Schedule are limited to the services indicated in paragraphs B.
by way of monopolies or
licensing provisions and associated controls
on premiums and other terms of policies, in
the following areas of insurance:

Compulsory Third Party Motor Vehicle Accident: VIC, WA, TAS, NT(monopolies); NSW, QLD, SA, ACT(licensing, premiums/ policy terms).
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 The following services at the port are made available to international maritime transport suppliers on reasonable and non-discriminatory terms and conditions: pilotage, towing and tug assistance; provisioning, fuelling and watering; garbage collection and ballast waste disposal; Port Captain's services; navigation aids (a); shore-based operational services essential to ship operations, including communications water and electrical supplies; emergency repair facilities; anchorage, berth and berthing services.
Where road, rail and related auxiliary services are not otherwise fully covered in this schedule, a multimodal transport operator shall have the ability, on reasonable and non-discriminatory terms and conditions, to rent, hire or charter trucks, railway carriages, ships and related equipment for the purpose of onward forwarding of international cargoes carried by sea, or have access to and use of these forms of transport services for the purpose of providing multimodal transport services
International transport (freight and passengers)
(7211 and 7212 less cabotage and offshore transport  as defined in Attachment A Note to schedule)

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 Note to schedule)
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 Customs clearance services (as described in Note to Schedule)
1) Unbound*
2) None
3) None
4) Unbound except as indicated in the horizontal section

1) Unbound*
2) None
3) None
4) Unbound except as indicated in the horizontal section
Preshipment inspection (as defined in Attachment A Note to schedule)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section.
Computer reservation systems
(7523**)

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.
*** Public utility concession or licensing procedures may apply in the case of the occupation of the public domain for the conduct of these activities

REFERENCE PAPER

Scope

The following are definitions and principles on the regulatory framework for the basic telecommunications services.

Essential facilities mean facilities of a public telecommunications transport network or service that:

(a) are exclusively or predominantly provided by a single or limited number of suppliers; and

(b) cannot feasibly be economically or technically substituted in order to provide a service.
(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.
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 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, to the extent that these have not been established previously.
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.
Maritime Agency Services: activities consisting in representing, within a given geographic area, as an agent, the business interests of one or more shipping line or shipping companies, for the following purposes:
- marketing and sales of maritime transport and related services, from quotation to invoicing, and issuance of bills of lading on behalf of the companies; acquisition and resale of the necessary related services, preparation of documentation, and provision of business information
- 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.
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.
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.
When membership or participation in, 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.
AUSTRALIA – 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 Audiovisual Services
Under the Australian Government Co-production programme, Australia maintains preferential co-production arrangements for film and television productions.
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

__________

The interconnection regime to apply in Australia from 1 July 1997 (subject to Parliamentary passage of the necessary legislation) will provide access on terms and conditions which are fair and reasonable to all parties and which do not unfairly discriminate between users.
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.
TN/S/O/AUSPage 38

TN/S/O/AUS
Page 37

TN/S/O/AUSPage 46

TN/S/O/AUS Page 41

TN/S/O/AUSPage 48

TN/S/O/AUS
Page 1

World Trade
Organization RESTRICTED TN/S/O/COL
18 September 2003 (03-4999) Council for Trade in Services
Special Session Original: Spanish

colombia

Initial Offer

The following initial offer was received from the delegation of Colombia on 4 September 2003 with the request that it be circulated to the Members of the Council for Trade in Services.
Any employer with a staff of more than ten employees must employ Colombians in a proportion of not less than 90 per cent of the staff of ordinary employees and not less than 80 per cent of the skilled employees or specialists, administrative staff or persons in posts of responsibility.
Professional services
(a) Legal services (CPC 861)
Only legal advisory services in foreign legislation and international legislation (excludes advice and litigation in national law)

(1) None
(2) None
(3) Unbound
(4) Unbound

(1) None
(2) None
(3) Unbound
(4) Unbound (b) Accounting and book-keeping services (CPC 862) (1) Unbound
(2) None
(3) In public accounting companies,
(1) Unbound
(2) None
(3) It is necessary to be registered as an accountant, for which it is necessary to be a Colombian national having the exercise of civil rights or an alien domiciled in Colombia for at least three years prior to the application, and satisfy the following requirements:
(a) Possess the degree of public accountant from a Colombian University, show evidence of experience in activities relating to accounting in general of not less than one year, acquired simultaneously with or subsequently to the above studies.
Rental/leasing services without operators (c) Rental/leasing services
Rental/leasing services concerning other means of transport without operator (1) Unbound
(2) None
(3) None
(4) Unbound, except as indicated in the horizontal section.
In order for a foreign firm to carry out technical testing and analysis work, the service provision contract must contain clauses ensuring technology transfer to local firms.
Acquisition of information on sub-soil geology (1) None
(2) None
(3) None
(4) Unbound, except as indicated in the horizontal section.
In drilling of hydrocarbon wells

Supply of drilling equipment and corresponding tests

(1) None
(2) None
(3) None
(4) Unbound, except as indicated in the horizontal section.
In production of hydrocarbons

Well finishing (completion)

(1) None
(2) None
(3) None
(4) Unbound, except as indicated in the horizontal section.
Design, operation and maintenance of production, including mechanical pumping, hydraulic pumping, electrosubmersible pumping, gas lift, and work carried out on wells after completion (cleaning, repairs)
(1) None
(2) None
(3) None
(4) Unbound, except as indicated in the horizontal section.
Geophysical prospecting: geoelectrical, gravimetric, resistivity, magnetometric, refraction and reflexion seismic prospecting (1) None
(2) None
(3) None
(4) Unbound, except as indicated in the horizontal section.
TELECOMMUNICATION SERVICES
For the establishment and operation of telecommunication services, the Colombian State adheres to the standards and recommendations laid down by the International Telecommunication Union (ITU) and its regulatory bodies,
Carrier services
Packet-switched data transmission services
Circuit-switched data transmission services
Telex services
Telegraph services Carrier services may only be supplied by operators duly authorized to engage in such activities or to provide the relevant services in Colombia.
Private licensed companies must be established as open corporations, in other words, no natural or legal person may, alone or through another person, hold more than 30% of the company share capital and the shares must be listed in a stock exchange in Colombia.
For non-public use, facilities-based (Relates to the private telecommunications network, established by natural or legal persons for their private and exclusive use, without provision of services to third persons and without connection to the State telecommunications network or to other private telecommunications networks)
Voice telephone services
Packet-switched data transmission
Circuit-switched data transmission
Private leased circuit services
Paging services
Trunking services (1) None
(2) None
(3) None
(4) Unbound,
For the purposes of this Schedule, value-added services are defined as those which use as a carrier the basic, telematic or transmission services, or any combination of those services and together with them provide the complete capability for the sending or exchange of information, by adding other facilities to the carrier service or satisfying specific new telecommunication needs.
These include: electronic mail, voice mail, on-line information and database retrieval, electronic data interchange, facsimile store and forward, code and/or protocol conversion, on-line data processing and information.
General construction work for civil engineering (CPC 513)

For dams (CPC 51330)

(1) Unbound*
(2) None
(3) None
(4) Unbound, except as indicated in the horizontal section.
FINANCIAL SERVICES
ALL FINANCIAL SERVICES (3) The Government may make an authorization for domestic and foreign financial entities to operate in Colombia subject to an economic needs test.
In particular, the authorization permitting suppliers of financial services to operate in Colombia is subject to verification by the respective supervisory department of the character, responsibility and qualifications of persons participating in the operation as owners, directors or managers.
Banking and other financial services (excluding insurance):

(a) Acceptance of deposits and other repayable funds from the public

(b) Lending of all types, including consumer credit, mortgage credit, factoring by financial institutions, and financing of commercial transactions

(1) Unbound
(2) Unbound
(3) None
(4) Unbound, except as indicated in the horizontal commitments applicable to all the sectors included in this Schedule.
including underwriting and placement as agent (whether publicly or privately) and provision of services related to such issues (g) Money broking
(h) Provision and transfer of financial information, financial data processing and related software by suppliers of other financial services (i) Advisory, intermediation and other auxiliary financial services on all the activities listed in subparagraphs (a) to (h), including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy 9.
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 Such connection is provided:
(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,
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 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, to the extent that these have not been established previously.
COLOMBIA - 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
Telecommunications
The principle of national treatment for the purposes of commercial presence is only granted to suppliers of services in the Andean Market of ValueAdded Telecommunications Services

Andean Group countries
Indefinite
Maintains preferential treatment for suppliers of the relevant services belonging to countries members of the Andean Group Audiovisual Measures under existing or future bilateral or multilateral agreements on the co-production of audiovisual works for the cinema or television,
in particular with regard to their distribution, access and financing conditions
Belgium; countries members of the Latin American Agreement on Cinematographic Co-Production; other countries concerned Unlimited Protects the principle of the agreements concerned Insurance and insurance-related services Access to the Colombian market through the commercial presence of foreign suppliers of financial services depends on whether or not the country of origin of such suppliers grants satisfactory possibilities of access to their markets for Colombian suppliers of financial services.
1 Colombia reserves the right, in the course of the current negotiations, to relocate the commitments included in this paragraph in the light of the progress and results achieved in the ongoing discussions in the WTO regarding the various classification proposals for energy-related services.
2 When a request is made to the major supplier (operator) or any existing telecommunications services operator for interconnection at a point different from the one proposed by them, they shall have the right to require the new operator to pay the cost caused by that decision.
TN/S/O/COLPage 2

TN/S/O/COL Page 1

TN/S/O/COLPage 32

TN/S/O/COL
Page 31

TN/S/O/COLPage 34

TN/S/O/COL Page 35

TN/S/O/COLPage 36

TN/S/O/COL
Page 37

World Trade
Organization RESTRICTED TN/S/O/COL/Rev.1
21 July 2005
(05-3252) Council for Trade in Services
Special Session Original: Spanish


COLOMBIA

Revised Initial Conditional Offer


The following revised initial conditional offer was received from the delegation of Colombia on 30 June 2005 with the request that it be circulated to the Members of the Council for Trade in Services.

_______________


INTRODUCTION
The Republic of Colombia hereby submits to the members of the Council for Trade in Services its "Revised Initial Conditional Offer of Specific Commitments on Services". This offer has been prepared in accordance with the negotiating guidelines established in document S/L/92 and the conventions for the scheduling of commitments set out in documents JOB(02)/88 and JOB(05)/6.
In conformity with Article 1.3(b) and (c) of the General Agreement on Trade in Services (GATS), services supplied in the exercise of governmental authority are not inc

World Trade
Organization TN/S/O/AUS/Rev.1
31 May 2005 (05-2204) Council for Trade in Services
Special Session Original: English



AUSTRALIA

Revised Services Offer


The following revised services offer has been received from the delegation of Australia on 26 May 2005 with the request that it be circulated to Members of the Council for Trade in Services.


_______________


1. Australia submits herewith its revised services offer as part of the negotiations on trade in services. The modifications to the consolidated Schedule of Specific Commitments are inscribed as outlined in the editorial conventions contained in Secretariat document JOB(05)/6. Unless otherwise stated all CPC references correspond to the United Nations Provisional Central Product Classification.

2. Australia reserves the right to withdraw, modify, or reduce this offer in whole or part, at any time prior to the conclusion of the negotiations.

3. In the areas of environmen