THE GENERAL AGREEMENT ON TRADE IN SERVICESGeneral Agreement on Trade in Services (Gats) • May 2nd, 2023
page PART I SCOPE AND DEFINITION Article I Scope and Definition 4 PART II GENERAL OBLIGATIONS AND DISCIPLINES Article II Most-Favoured-Nation Treatment 5 Article III Transparency 5 Article III bis Disclosure of Confidential Information 6 Article IV Increasing Participation of Developing Countries 6 Article V Economic Integration 7 Article V bis Labour Markets Integration Agreements 8 Article VI Domestic Regulation 8 Article VII Recognition 9 Article VIII Monopolies and Exclusive Service Suppliers 10 Article IX Business Practices 11 Article X Emergency Safeguard Measures 11 Article XI Payments and Transfers 11 Article XII Restrictions to Safeguard the Balance of Payments 12 Article XIII Government Procurement 13 Article XIV General Exceptions 13 Article XIV bis Security Exceptions 14 Article XV Subsidies 15
THE GENERAL AGREEMENT ON TRADE IN SERVICES AN INTRODUCTIONGeneral Agreement on Trade in Services (Gats) • March 29th, 2022
The General Agreement on Trade in Services (GATS) is a relatively new agreement. It entered into force in January 1995 as a result of the Uruguay Round negotiations to provide for the extension of the multilateral trading system to services. With a view to achieving a progressively higher level of liberalization, pursuant to Article XIX of the GATS, WTO Members are committed to entering into further rounds of services negotiations. The first such Round started in January 2000.
THE UNITED STATES OF AMERICAGeneral Agreement on Trade in Services (Gats) • September 7th, 2011
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments I. HORIZONTAL COMMITMENTS ALL SECTORS COVERED BY THIS SCHEDULE: For the purpose of this schedule the "United States" is defined as encompassing the 50 states of the United States, plus the District of Columbia. All Sectors: Temporary Entry And Stay of Natural Persons1 4)Unbound, except for measures concerning temporary entry and stay of nationals of another member who fall into the categories listed below: 4) Unbound Services Salespersons - persons not based in the territory of the United States and receiving no remuneration from a source located within the United States, who are engaged in activities related to representing a services supplier for the purpose of negotiating for the sale of the services of that supplier where: a) such sales are not directly made to the general public and b) the salesperson is not engaged in supplying the service. Entry for persons named in this s
INTRODUCTIONGeneral Agreement on Trade in Services (Gats) • February 9th, 2015
The General Agreement on Trade in Services (GATS) is a relatively new agreement. It entered into force in January 1995 as a result of the Uruguay Round negotiations to provide for the extension of the multilateral trading system to services. With a view to achieving a progressively higher level of liberalization, pursuant to Article XIX of the GATS, WTO Members are committed to entering into further rounds of services negotiations. The first such round started in January 2000.
THE GENERAL AGREEMENT ON TRADE IN SERVICES AN INTRODUCTIONGeneral Agreement on Trade in Services (Gats) • May 2nd, 2023
The General Agreement on Trade in Services (GATS) entered into force in January 1995 as a result of the Uruguay Round negotiations to provide for the extension of the multilateral trading system to services.
GENERAL AGREEMENT GATS/EL/42General Agreement on Trade in Services (Gats) • August 23rd, 2005
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 SHIPPING a) Cargo sharing between bilateral partners Equality in freight liftings originating in the ports of partners to the agreement and equality in freight earnings. Bulgaria, Pakistan and the United Arab Republic Indefinite In the context of overall trade relations. b) Cargo Reservations Cargo reservation under the UN Code of Conduct for Liner Conferences. Sharing of cargo between the national lines of contracting states andthird-country lines in the ratio of 40:40:20 as provided in the Liner Code. All countries Indefinite To fulfil obligations under the convention. RECREATIONAL SERVICES Waiver on the prohibition of sale of lottery tickets in India. Bhutan Indefinite It is part of a comprehensive bilateral agreement between India and Bhutan.
The Genesis of the GATS (General Agreement on Trade in Services)General Agreement on Trade in Services (Gats) • September 16th, 2011
The Uruguay Round services negotiations saw the light of day amidst pressures from lobbies in developed countries, unilateral retaliatory actions, and ideological struggle in the develop- ing world. The final outcome, the GATS, certainly characterized by a complex structure and awkward drafting here and there, is not optimal but is an important first step towards the lib- eralization of trade in services. This article traces the GATS negotiating history, from its very beginning in the late 1970s, paying particular attention to the main forces that brought the services dossier to the multilateral trading system (governments, industries, and academics), and the interaction between developed and developing countries before and during the Uru- guay Round. We will follow the actions, positions, and negotiating stances of four trading partners – Brazil, the European Union, India, and the United States – that were key in the development of the GATS. Finally, we will, indicatively at least, tr
ANTONI VERGERGeneral Agreement on Trade in Services (Gats) • February 8th, 2014
The General Agreement on Trade in Services (GATS) is one of the principal treaties of the World Trade Organization (WTO). The agreement covers twelve services sectors, including education (WTO 2000). Since this agreement was created, the global governance of education scenario has become more complex because a set of trade disciplines and commercial rules have become relevant to education regulation activities at the national and sub-national level.
PENERAPAN KEBIJAKAN GENERAL AGREEMENT ON TRADE IN SERVICE DALAM PERKEMBANGAN HUKUM PARIWISATAGeneral Agreement on Trade in Services (Gats) • July 8th, 2022
Memperhatikan perkembangan bidang pariwisata di wilayah Provinsi Bali yang jatuh bangun atau dengan kata lain sektor pariwisata di Bali akibat kondisi politik dan sosial menyebabkan kunjungan wisatawan domestik dan manca Negara terhadap pariwisata di Provinsi Bali bisa meningkat dan kadang kala menurun seperti saat ada kejadian Bom Bali I dan Bom Bali II, menyebabkan keberadaan kunjungan wisatawan domestik dan luar negeri terhadap Pariwisata Provinsi Bali menjadi menurun jatuh bahkan sangat terpuruk. Dalam penelitian ini, mencoba meneliti berkaitan dengan keberadaan kebijakan General Agreement Trade on Tariff (GATS) terhadap perkembangan Pariwisata di Provinsi Bali. Permasalahan yang diambil yaitu bagaimana penerapan kebijakan General Agreement on Trade in Service (GATS) terhadap kunjungan pariwisata di Provinsi Bali? dan bagaimana dampak kebijakan pariwisata di Provinsi Bali setelah ratifikasi General Agreement on Trade in Service (GATS)? Penelitian ini merupakan penelitian hukum norm
MALAYSIAGeneral Agreement on Trade in Services (Gats) • May 16th, 2012
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments I. HORIZONTAL COMMITMENTS ALL SECTORS INCLUDED IN THIS SCHEDULE UNLESS OTHERWISE INDICATED 3)Acquisition, Mergers and Take-oversThe acquisition of assets or interests of Malaysian companies and businesses, mergers ortake-overs requires approval and apply to the following: a)the acquisition of the voting rights of a Malaysian corporation by any single foreign interest or associated group of15 per cent or more, or an aggregate foreign interest of 30 per cent or more or exceeding RM5 million in value; b)any proposed acquisition of any assets or interests by any means which will result in ownership or control passing to foreign interest; and 3)Land, Property and Real EstateApproval may be denied if the acquisition, disposal or dealing of land or any interest in land, property and real estate is undertaken for speculative ornon-productive purpose or for purposes which may conflict wit
WTO General Agreement on Trade in Services (GATS) GlossaryGeneral Agreement on Trade in Services (Gats) • March 17th, 2006
The World Trade Organization’s (WTO) General Agreement on Trade in Services (GATS) came into force on January 1, 1995 as one of the 17 major “Uruguay Round" Agreements enforced by the WTO. Because the very notion of including the services sector in a ‘trade’ agreement was so controversial, GATS is structured as a “bottom up” agreement. This means that most GATS requirements only apply to service sectors countries specifically agree to open up to competition by foreign corporations. The GATS consists of three components: a framework agreement which lays out the general rules and obligations for trade and investment in services; several important annexes (sometimes called protocols) on specific service sectors (such as financial and telecommunications services); and a “schedule of commitments” for each WTO signatory government that lists the specific service sectors each nation has signed up to the terms of the agreement. To understand the GATS, one must first understand the following te
General Agreement on Trade in Services (GATS): Issues and ImplicationsGeneral Agreement on Trade in Services (Gats) • March 5th, 2014
Progressive liberalization through successive rounds of negotiations as a means of promoting growth and development
The General Agreement on Trade in Services (GATS) Why You Need To Be ConcernedGeneral Agreement on Trade in Services (Gats) • June 17th, 2010
MEXICOGeneral Agreement on Trade in Services (Gats) • May 8th, 2008
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments I. HORIZONTAL COMMITMENTS ALL SECTORS INCLUDED IN THIS SCHEDULE 1)None 2)None3)Foreign investment in activities reserved for Mexican nationals must be through neutral shares, whose purchase must be quoted on the Mexican Stock Exchange 1)None 2)None3)Foreigners may not acquire direct ownership of land and water in a 50 km. strip on the coastline and 100 km. strip along the frontiers. Unbound for research and development subsidies and incentives to small service enterprises owned by Mexican nationals. 4)Unbound, except for measures affecting the entry and temporary stay of natural persons in the following categories: a) persons directly responsible for the sale of a service; and b) persons transferred within the same enterprise, provided they are executives, managers or specialists For the purposes of this offer: a)persons directly responsible for the sale of a 4)Unbound, exce
GUATEMALAGeneral Agreement on Trade in Services (Gats) • April 8th, 2008
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments I. HORIZONTAL COMMITMENTS 4)Unbound, except for higher-level and specialized personnel in connection with a commercial presence which must contribute to the training of Guatemalan personnel in the specialized fields of activity concerned. In addition, the Labour Code provides the following: "Employers must employ 90 per cent of Guatemalan workers and pay them at least 85 per cent of total wages paid. These requirements may be modified for the following reasons:i)protection and promotion of the national economy; ii)lack of Guatemalan technical personnel forspecific activities; iii)defence of Guatemalan workers who demonstratetheir capabilities." 4)Unbound, except for the categories of persons indicated in the market access column 1), 2), 3), 4), Article 45 of the Income TaxLaw, Decree No.26-92 of 9 April 1992, establishes the following: Tax on natural or legal persons not domicile
GENERAL AGREEMENT GATS/SC/16General Agreement on Trade in Services (Gats) • April 8th, 2008
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments I. HORIZONTAL COMMITMENTS Cross-border and consumption abroad 1), 2) None 1), 2) None, other than: -Tax measures that result in differences of treatment with respect to expenditures made on scientific research and experimental development services -Ontario - Tax measures resulting in differences of treatment with respect to payments for management services made to affiliated non-residents. Foreign corporations carrying on business in Ontario must appoint an Ontario agent for service of legal documents. -Alberta - First consideration may be given to service suppliers from within Alberta or Canada where competitive in terms of price and quality in the case of all large scale energy projects needing Industrial Development, Forest Management, Oil Sands, Power Plant or Gas Plant and Coal Development Permits. -Newfoundland and Nova Scotia - Regulations require that first consideration
The General Agreement On Trade In Services: Implications For Health PolicymakersGeneral Agreement on Trade in Services (Gats) • April 2nd, 2004
ABSTRACT: The General Agreement on Trade in Services (GATS), created under the aus- pices of the World Trade Organization, aims to regulate measures affecting international trade in services—including health services such as health insurance, hospital services, telemedicine, and acquisition of medical treatment abroad. The agreement has been the subject of great controversy, for it may affect the freedom with which countries can change the shape of their domestic health care systems. We explain the rationale behind the agreement and discuss its scope. We also address the major controversies surrounding the GATS and their implications for the U.S. health care system.
GENERAL AGREEMENT GATS/EL/31General Agreement on Trade in Services (Gats) • August 23rd, 2005
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- Distribution of audiovisual works Audiovisual services Audiovisual Services- Production and distribution of audiovisual works through broadcasting or other forms of transmission to the public. Redressive duties which may be imposed in order to respond to unfair pricing practices, by certain third countries distributors of audiovisual works.Measures taken to prevent, correct or counterbalance adverse, unfair or unreasonable conditions or actions affecting EC audiovisual services, products or service providers, in response to corresponding or comparable actions taken by other Members.Measures which define works of European origin, in such a way as to extend national treatment to audiovisual works which meet certain linguistic and origin criteria regarding access to broadcasting
GENERAL AGREEMENT GATS/SC/36General Agreement on Trade in Services (Gats) • August 23rd, 2005
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments I. HORIZONTAL COMMITMENTS 4) Unbound, except for higher-level and specialized personnel in connection with a commercial presence which must contribute to the training of Guatemalan personnel in the specialized fields of activity concerned. In addition, the Labour Code provides the following: 4) Unbound, except for the categories of persons indicated in the market access column 1), 2), 3), 4), Article 45 of the Income TaxLaw, Decree No. 26-92 of 9 April 1992, establishes the following: "Employers must employ 90 per cent of Guatemalan workers and pay them at least 85 per cent of total wages paid. These requirements may be modified for the following reasons: Tax on natural or legal persons not domiciled in Guatemala is calculated by applying the following percentages as final payment to income from Guatemalan sources whether received or credited to an account: i) protection an
ContractGeneral Agreement on Trade in Services (Gats) • July 23rd, 2020
ContractGeneral Agreement on Trade in Services (Gats) • January 11th, 2022
SERVICES: GATS The General Agreement on Trade in Services (GATS): objectives, coverage and disciplines Everything you wanted to know about the General Agreement on Trade in Services, but were afraid to ask ... ON THIS PAGE:1. What is the main purpose of the GATS?A 1. What is the mainThe creation of the GATS was one of the landmark achievements of the Uruguay Round, purpose of thewhose results entered into force in January 1995. The GATS was inspired by essentially GATS?the same objectives as its counterpart in merchandise trade, the General Agreement on A 2. Who partici-Tariffs and Trade (GATT): creating a credible and reliable system of international trade pates?rules; ensuring fair and equitable treatment of all participants (principle of non-A 3. What servicesdiscrimination); stimulating economic activity through guaranteed policy bindings; andare covered?promoting trade and development through progressive liberalization.A 4. Is it true that theWhile services currently account
GENERAL AGREEMENT GATS/SC/86General Agreement on Trade in Services (Gats) • May 9th, 2008
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments I. HORIZONTAL COMMITMENTS All sectors included in this schedule 3)A licence is required for the acquisition of land, the area of which exceeds five acres for trade or business or one acre for residential purposes. 3)None A licence is required for the acquisition of shares in a local public company where the holding of such shares either directly or indirectly results in 30 per cent or more of the total cumulative shareholding of the company being held by foreign investors. A foreign investor wishing to invest in Trinidad and Tobago must register with the Registrar of Companies. 4)The entry and residence of foreign natural persons is subject to Trinidad and Tobago's Immigration Laws. 4)None The employment of foreign natural persons in excess of thirty days is subject to the obtention of a work permit, which is granted on a base-by-case basis. Foreign natural persons shall be e
GENERAL AGREEMENT GATS/SC/24General Agreement on Trade in Services (Gats) • April 8th, 2008
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments I. HORIZONTAL COMMITMENTS ALL SECTORS INCLUDED IN THIS SCHEDULE 1), 2), 3), 4) Foreigners must pay commercial service transactions, however the services are supplied, in convertible currency unlessotherwise authorized 1), 2), 3), 4) Taxes and charges on the supplyof services by foreigners are paid in local currency, but there must be an equivalent amount in convertible currency, unless otherwise authorized 2)Consumption abroad will be subject to all measures, including exchange regulations, which are applicable at any particular moment to the movement of human consumers or consumers living in Cuba and to the consumption of services abroad by those consumers 3)As a general rule, foreign investment in the capital of joint enterprises can be up to 49 per cent of the stock; however, in certain cases the competent bodies may authorize a higher level of investment 2)Consumption abroa
General Agreement on Trade in Services: Part IGeneral Agreement on Trade in Services (Gats) • November 13th, 2016
• For an overview of services classifications, see categories 5-9 in UN Central Product Classification (updated 2013): http://unstats.un.org/unsd/cr/registry/regcst.a sp?Cl=25
INDONESIAGeneral Agreement on Trade in Services (Gats) • April 8th, 2008
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments ALL SECTORS INCLUDED IN THIS SCHEDULE 1), 2) As specified in each sector 1), 2) As specified in each sector 3)Commercial Presence of the foreign service provider(s) may be in the form of joint venture and/or representative office, unless mentioned otherwise. Joint venture should meet the following requirements: i)should be in the form of Limited Liability Enterprise (Perseroan Terbatas/PT), ii)not more than 49% of the capital share of the Limited Liability Enterprise (Perseroan Terbatas/PT), may be owned by foreign partner(s). 3)The Income Tax Law provides that non-resident taxpayers will be subject to withholding tax of 20% if they derive the following income from Indonesian source:a) interestb) royaltiesc) dividendd)fee from service performed in Indonesia Land AcquisitionUndang-Undang Pokok Agraria (Land Law) No. 5 of 1960 stipulates that no foreigners (juridical and natural
ANNEX: THE GENERAL AGREEMENT ON TRADE IN SERVICES (GATS) AND ITS RELATIONSHIP TO THE TELECOMMUNICATION SERVICES SECTORGeneral Agreement on Trade in Services (Gats) • November 12th, 1997
The General Agreement on Trade in Services (GATS), which is part of the more comprehensive Final Act of the Uruguay Round and the Marrakech Agreement Establishing the World Trade Organization (the Marrakech Agreement ), is divided into three parts:
HONG KONGGeneral Agreement on Trade in Services (Gats) • April 8th, 2008
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments SECTOR-SPECIFIC COMMITMENTS BUSINESS SERVICESProfessional Services Accounting, auditing andbookkeeping services: these are limited to auditing and advisory services on matters such as financial management consultancy, company formation and restructuring, raising of capital, debt-rescheduling, receivership and liquidation 1)Unbound 2)None3)None other than that the provision of statutory auditing services is limited to natural persons licensed as certified public accountants, either as sole proprietors or in partnership 4)Unbound except for intra-corporate transfer of general managers, senior managers and specialists as set out in the Attachment 1)Unbound 2)Unbound 3)None 4)Unbound Taxation services (excluding legal services): these are limited to advisory and consulting services to enterprises or individuals on compilation of tax returns, tax planning, review, assessment and bac
GENERAL AGREEMENT GATS/SC/20General Agreement on Trade in Services (Gats) • April 8th, 2008
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments I. HORIZONTAL COMMITMENTS ALL SECTORS INCLUDED IN THIS SCHEDULE 3) Foreign investment is allowed in all sectors of the economy except for investment projects in activities relating to national defence and the processing and disposal of toxic, hazardous or radioactive waste not produced in Colombia. With regard to foreign corporations, a tax exists on remittances of profits.Colombia considers that this tax is compatible with the provisions of the General Agreement on Trade in Services, in particular with the footnote to Article XVI(d), and therefore it is not specified or scheduled in this offer.
GENERAL AGREEMENT GATS/SC/58General Agreement on Trade in Services (Gats) • August 23rd, 2005
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments II. SECTOR-SPECIFIC COMMITMENTS 7. FINANCIAL SERVICES 1) None 2) None 3) Any foreign bank or financial institution can operate in Mozambique as long as they abide by the domestic rules and regulations governing investment and operations of such institutions 4) Work permit required B. Banking and other Financial Services (excl. insurance) 1) None 2) None 3) None 4) None
GENEraL aGrEEMENT oN TradE iN sErViCEs (GaTs)227General Agreement on Trade in Services (Gats) • September 12th, 2008
General Agreement on Trade in ServicesGeneral Agreement on Trade in Services (Gats) • December 6th, 2021
Most media, elected officials and civil servants, let along the general public, are unaware of GATS, or of its implications.
AUSTRIAGeneral Agreement on Trade in Services (Gats) • August 23rd, 2005
Throughout this schedule, "ex" combined with a CPC-number indicates that the service specified constitutes only a part of the total range of activities covered by the respective CPC-number.
GENERAL AGREEMENT GATS/SC/50General Agreement on Trade in Services (Gats) • August 23rd, 2005
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments 1. BUSINESS SERVICES E. Rental leasing services without operators c) Related to other transport equipment(CPC 83101 + 83102 +83105) 1) Unbound 2) None 1) Unbound 2) Unbound 3) None 3) None 4) Unbound 4) Unbound 7. FINANCIAL SERVICES A. All insurance and insurance related services a) Life, accident and health insurance services(CPC 8121) 1) Unbound 1) Unbound b) Non-life insurance services(CPC 8129) 2) None 2) Unbound c) Reinsurance and retrocession (CPC 81299*) 3) None 3) None
GENERAL AGREEMENT GATS/SC/78General Agreement on Trade in Services (Gats) • August 23rd, 2005
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments I. HORIZONTAL COMMITMENTS ALL SECTORS INCLUDED IN THIS SCHEDULE 3) Local borrowing by South African registered companies with a non-resident shareholding of 25 per cent or more is limited 4) Unbound, except for the temporary presence for a period of up to three years, unless otherwise specified, without requiring compliance with an economic needs test, of the following categories of natural persons providing services: 4) Unbound, except for measures concerning the categories of natural persons referred to in the market access column A. Services Salespersons - natural persons not based in South Africa and acquiring no remuneration from a source located within South Africa, who are engaged in activities related to representing a services provider for the purpose of negotiating for the sale of the services of that provider, without engaging in making direct sales to the ge
MYANMARGeneral Agreement on Trade in Services (Gats) • May 8th, 2008
