World Trade
Organization S/DCS/W/TUR
24 January 2003 (03-0511) Trade in Services Original: English

TURKEY

Draft consolidated Schedule of Specific Commitments

Attached is a draft consolidated version of the Schedule of Specific Commitments of Turkey in word format.
_______________

Turkey – 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* 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.
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.
CONSTRUCTION AND
RELATED
ENGINEERING
SERVICES
(CPC 512, 513, 514+516,
517) 1) None 1) Investor public entities will give priority
to domestic firms in works that they could
not do such as engineering, architectural
and consultancy services in investments
that are not subject to patent and could be
carried out with the technology used in
Turkey except in projects financed by
international institutions.
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.
Financial leasing service
3) Financial leasing companies (lessors)
can be established (a) in the form of a
joint-stock company, and (b) through
the establishment and opening of a
branch of a lessor, as well as opening
of a branch of a foreign lessor.
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.

helicopters and ships which are
purchased through a foreign loan or
leased through a financial leasing
contract from abroad, provided that
the insurance period is limited to the
term of the credit or leasing contract; 1),2)None

(b) marine liability insurance;
(c) transportation insurance of imported
and exported goods;
(d) individual accident, sickness and motor vehicle insurance during any travel abroad.
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.
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.
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.
Afghanistan, Austria, Belgium, Bulgaria, Former Czechoslovakia, Denmark, Germany, Finland, France, The Netherlands, Iraq, United Kingdom, Iran, Sweden, Switzerland, Italy, Kuwait, Hungary, Norway, Poland, Romania, Former Yugoslavia, Greece, Syria, Saudi Arabia, Jordan, Luxembourg, Albania, Ukraine, Slovenia, Moldova, Egypt, Lithuania, Macedonia, Lebanon.
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.
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.
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World Trade
Organization TN/S/O/TUR
3 September 2003 (03-4599) Council for Trade in ServicesSpecial Session Original: English



Communication from turkey

Initial Conditional Offer


The following initial offer has been received from the delegation of Turkey on 15 August 2003 with the request that it be circulated to the Members of the Council for Trade in Services.

_______________


Turkey's initial conditional offer to the Services Negotiations is enclose

World Trade
Organization TN/S/O/TUR/Rev.1
29 September 2005
(05-4314) Council for Trade in Services
Special Session Original: English



TURKEY

Revised Conditional Offer on Services

The following revised offer has been received from the delegation of Turkey on 21 September 2005, with the request that it be circulated to the Members of the Council for Trade in Services.

_______________


Turkey's revised conditional offer to the Services Negotiations is enclosed herewith. This offer includes the Schedule of Specific Commitments and the Article II (MFN) Exemption List. Modifications are indicated in this document by strikethrough for deletions, bold for new text, italics for technical refinements and all are shadowed in grey.
This offer is conditional and does not prejudge Turkey's final position related to the final commitments as an outcome of the ongoing services negotiations and the overall negotiations under the Doha Development Agenda.
Turk

World Trade
Organization RESTRICTED TN/S/O/POL
25 April 2003 (03-2220) Council for Trade in Services
Special Session Original: English

communication from poland

Initial services offer

The following initial offer has been received from the delegation of Poland on 22 April with the request that it be circulated to Members of the Council for Trade in Services.
1) Acquisition of real estate, direct and indirect, by foreigners and foreign legal persons (a natural or legal person) requires permission
2) Acquisition of real estate, direct and indirect, by foreigners and foreign legal persons (a natural or legal person) requires permission
3) Acquisition of real estate, direct and indirect, by foreigners and foreign legal persons (a natural or legal person) requires permission

All sectors except for insurance and banking services: Unbound with respect to branches and representative offices.
Authorization of the establishment of a company with foreign equity is required in the case of:
- establishment of company, purchase or acquiring of shares or stocks in an existing company; extending of the activity of the company when the scope of activity embraces at least one of the following areas:

- management of seaports and airports;
- dealing in real estate or acting as intermediary in real estate transactions;
- supply to defence industry that is not covered by other licensing requirements;
- wholesale trade in imported consumer goods;
- provision of legal advisory services.
Such temporary presence is allowed in the following categories, provided that the service supplier is a legal person and that the persons concerned have been employed by it or have been partners in it (other than as majority shareholders) for at least one year immediately preceding such movement:

a) persons working in a senior position within a legal person, who primarily direct the management of the establishment, receiving general supervision or direction principally from the board of directors or stockholders of the business or their equivalent, including:
- directing the establishment or a department or sub-division of the establishment;
- supervising and controlling the work of other supervisory, professional or managerial employees;
- having the authority personally to hire and fire or recommend hiring, firing or other personnel actions.
1) None
2) None
3) None

4) None

j) Services provided by midwives, nurses in private establishments (CPC 93191** excluding services provided within public sector)
1) Public insurance programmes do not cover cost of foreign medical services supplied abroad
2) Public insurance programmes do not cover cost of foreign medical services supplied abroad
3) Nationality requirement in the case of midwives and nurses
4) Unbound except for horizontal measures.
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.
7523**) 1) Use of the public network, or the network of other authorized operator, required in the case of crossborder provision of these services 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) Use of the public network, or the network of other authorized operator, required in the case of crossborder consumption of these services 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) Provision of VAN services within Poland requires the usage of authorised networks.
4) Unbound except for horizontal measures
1),2),3) None
4) Unbound except for horizontal measures  paging

1), 2) Unbound except panEuropean paging systems
3) None
4) Unbound except for horizontal measures.
Note 1: The operators authorised to take part in the activity in the scope of all public fixed telephone networks and other nonpublic telephone networks exceeding the geographic area (voivodship) are obliged to apply in their networks switching devices and interexchange teletransmission equipment belonging to three telecommunications systems selected by means of decision of the Polish Government.
A permit is required for the acquisition of shares or rights resulting from shares of any company which is shareholder of at least 15% of shares of insurance company  this requirement ceases to apply as of 1 January 1999 or the date of entry into force of the Fifth Protocol, whichever is later.
Banking and Other Financial Services

Banking services:
 Acceptance of deposits and other repayable funds (CPC 8111581119)

- Lending of all types (CPC 8113)

 All payment and money transmission services (CPC 81339**)
 Guarantees and commitments (excluding guarantees and commitments of the State Treasury) (CPC 81199**)
1) Unbound
2) Unbound
3) Establishment of a bank only in a form of joint stock company.
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, or in an overthecounter market or otherwise (CPC 8132** except 81329)

 Mutual funds services Asset management services (CPC 81323**)  Advisory and other auxiliary services to financial services included into this schedule (CPC 8133** except 81333, 81339)
- Provision and transfer of financial information, and financial data processing and related software by suppliers of other financial services.
Towing and tug assistance
2) None
3) (a) Establishment of registered company for the purpose of operating a fleet under the national flag of Poland: unbound
(b) Other forms of commercial presence for the supply of international maritime transport services (as defined below – 2): none
4) (a) Ships’ crews: unbound
(b) Key personnel employed in relation to a commercial presence as defined under mode 3b) above: unbound except as indicated in the horizontal section
2) None
3) (a) Unbound

(b) None

4) (a) Unbound
(b) Unbound except as indicated in the horizontal section
3.
(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, 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 or 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 services;
(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 up of any business arrangements (including participation in the stock of a company) and the appointment of personnel recruited locally (or,
POLAND – 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

__________

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.
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.
For lawyers providing legal services in respect of public international law and foreign law, these may take inter alia the form of compliance with local codes of ethics, use of home title (unless recognition with the host title has been obtained), insurance requirements and simple registration with advocates’ or legal advisors’ self-government authorities in Poland.

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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

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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).