Examples of Article XVI Market Access limitations in the GATS Schedules of Australia, the EC, Canada, India, Korea, Brazil and the U.S.
WTO Member / Sector or Sub-Sector / Mode / Limitations on Market AccessThe underlining is supplied and does not appear in the original schedules.
Australia
1.A.a) Legal services / 3) / Natural persons practising foreign law may
Home country law, including / only join a local law firm as an employee or
public international law / as a consultant and may not enter into
(CPC 861**) / partnership with or employ local lawyers
1.A. b) Accounting, auditing and / 3) / Only natural persons may be registered as
book-keeping services / auditors and liquidators
(CPC 862)
1.D a) Involving own or leased property / 1) / Commercial presence required
(CPC 821)
2) / Commercial presence required
1.D. b) On a fee or contract basis / 1) / Commercial presence required
(CPC 822)
2) / Commercial presence required
7. A. Insurance and / 3) / Registered foreign life insurance companies
insurance-related services / are required to have a principal officer
resident in Australia.
1),3) / An authorised insurance company operating in
Australia as a non-incorporated entity must
appoint an Australian resident as agent of
the insurer.
7.B. Banking and Other Financial / 1),3) / A foreign bank located overseas is able to
Services / offer its services to Australian
(excl. insurance) / enterprises, but is not allowed to raise
deposit funds in Australia or undertake
business within Australia unless it is an
authorised bank (or establishes a money
market corporation, subsidiary etc.).
Foreign banks located overseas may, however,
raise funds in Australia through the issue
of debt securities provided that those
securities are offered/traded in parcels of
not less than $A500,000 and the securities
and any information memoranda clearly state
the issuing bank is not authorised under the
Banking Act in Australia.
1),3) / A number of State and Territory Governments
operate central financing authorities
through which the Government's wholly or
partly-owned 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
3) / The Australian Stock Exchange liquid capital
requirements for stockbrokers may have the
effect of favouring participation in the
Exchange by subsidiaries rather than
branches of foreign companies.
European Communities 12
1.A.a) Legal advice on home country / 4) / …
law and public international law / GR: Conditions of nationality
(excluding EC law)
F: Legal advice activities and drafting of
legal documents as a main activity and for
the public, are reserved to the members of
the regulated legal and judicial
professions.#9 These activities may also be
exercised as a secondary activity to the
principal activity by members of other
regulated professions or by qualified
persons.
1.A.b) Accounting services / 3) / …
(CPC 86212 other than "auditing / I: Access is restricted to natural persons.
services", 86213,86219) / Professional association (no incorporation)
among natural persons permitted.
4) / …
F: Conditions of nationality. However
non-EC professionals may be permitted to
provide services, by a decision of the
Minister of Economics, Finance and Budget,
in agreement with the Minister of Foreign
Affairs. The requirement of residence
cannot exceed 5 years.
I: Conditions of nationality for
"Ragionieri-Periti commerciali".
DK: Citizenship requirement unless
otherwise provided by the Danish Commerce
and Companies Agency.
1.A.i) Veterinary services / 3) / D, DK, E, P: Access restricted to natural
(CPC 932) / persons.
I: Access restricted to natural persons.
Professional associations (no incorporation)
among natural persons permitted.
IRL, UK: Access through partnership or
natural persons only.
1.A. j) Services provided by Nurses, / 3) / E, P: Nurses - access restricted to natural
Physiotherapists and Paramedical / persons.
Personnel
(CPC 93191#11) / I : Nurses - access restricted to natural
persons. Professional associations
(no incorporation) among natural persons
permitted.
4) / Unbound except as indicated in the
horizontal section and subject to the
following specific limitations:
DK: Limited authorization to fulfil a
specific function can be given for maximum
18 months.
GR, P: Condition of nationality.
1.A. Supply of pharmaceutical goods / 3) / #12 D, DK, E, GR, L, NL, P: Access
to the general public / restricted to natural persons only.
(pharmacists)
I: Access restricted to natural persons.
Professional association (no incorporation)
among natural persons permitted.
4) / F: Condition of nationality. However,
within established quotas, access for third
country nationals is possible provided the
service provider holds the French degree in
pharmacy.
D, DK, GR: Condition of nationality.
1.A. k) Other / 3) / E: Access to profession of surveyors and
geologists through natural persons only.
Related Scientific and Technical
Consulting Services#13 / P: Access restricted to natural persons.
(CPC 8675)
I : Access to profession of surveyors and
geologists through natural persons only.
Professional association (no incorporation)
among natural persons permitted.
4) / D: Conditions of nationality for publicly
appointed surveyors.
1.D. b) On a Fee or Contract Basis / 3) / E: Access is restricted to natural persons.
(e.g. Property Evaluation,
Estate Management, etc.) / 4) / DK: Authorized estate agent: Citizenship
(CPC 822) / requirement unless waived by the Danish
Commerce and Companies Agency. Unauthorized
estate agent: Citizenship requirement
unless waived by the Danish Commerce and
Companies Agency.
GR: Condition of nationality.
1.E. a) Relating to ships / 1) / F: Chartering of all ships is subject to
(CPC 83103) / prior notification.
2) / F: Chartering of all ships is subject to
prior notification.
3) / F: Chartering of all ships is subject to
prior notification.
1.E. b) Relating to Aircraft / 2) / All Member States: Aircraft used by
(CPC 83104) / Community air carriers have to be registered
in the MemberState licensing the air
carrier or elsewhere in the Community.
Waivers can be granted for short term lease
contracts or under exceptional circumstances.
3) / All Member States: To be registered in the
aircraft register of these Member States,
the aircraft must be owned either by natural
persons meeting specific nationality
criteria or by juridical persons meeting
specific regarding ownership of capital and
control (including nationality of directors).
F Security Services / 3) / DK: Unbound for airport guard services.
(CPC87302, 87303, 87304, 87305) / Requirement to be a national juridical
person. Access is subject to prior
authorization. In granting the
authorization, the Ministry of Justice takes
into account conditions such as competence,
professional integrity and independence,
experience and good reputation of the firm
seeking establishment.
3. CONSTRUCTION AND RELATED
ENGINEERING SERVICES
(CPC 511, 512, 513, 514, 515, / 3) / GR: Nationality condition for managers of
516, 517, 518) / the board of directors of construction
companies supplying in the public sector.
GR: Nationality condition for managers of
construction companies supplying in the
public sector.
5. B. Secondary Education Services / 4) / F: Condition of nationality. However, third
(CPC 922) / country nationals may obtain authorization
from competent authorities to establish and
direct an education institution and to
teach.
I: Condition of nationality for service
providers to be authorized to issue State
recognized diplomas.
GR: Condition of nationality for teachers.
7. B. Banking and Other Financial
Services / 1) / I: The offer and marketing of services
(excluding insurance) / concerning the distribution to the public,
through telecommunication or other
information means, of information concerning
prices, the volume of transactions, the
offer and demand conditions relating to the
negotiation of securities dealt in the
Italian regulated market, or in other
recognized markets, requires prior
authorization by the Stock Exchanges
Commission (Consob). This authorization may
not be granted if the authorities determine
that there is a risk that the data provided
may induce the public to error.
2) / I: Residents in Italy need authorization to
purchase or sell abroad unrefined gold.
P: Open-ended investment funds are required
to invest 25 per cent of their funds in
Portuguese Government funds. The ability of
residents in Portugal to carry out the
following operation abroad is restricted:
- issue on a foreign market of domestic
securities and negotiable instruments.
Canada
1.A.b) Accounting, auditing and book-keeping services / 1) / None, other than:
Auditing (Saskatchewan, Newfoundland, Nova
Scotia, Manitoba, Ontario): Requirement for
a commercial presence
(Manitoba, Québec): Citizenship requirement
for accreditation
(Alberta, Ontario): Permanent residence
required for accreditation
2) / None, other than:
Auditing (Saskatchewan, Newfoundland, Nova
Scotia, Manitoba, Ontario): Requirement for
a commercial presence
(Manitoba, Québec): Citizenship requirement
for accreditation
(Alberta, Ontario): Permanent residence
required for accreditation
1.A d) Architectural services / 1) / None, other than:
(CPC 8671)
Architects (Québec): Citizenship
requirement for accreditation
1.D.b) Real estate services on a fee / 1) / Chartered Appraisers (Québec): Citizenship
or contract basis / requirement for use of title
(CPC 822)
1.D i*) Toll refining services - oil
(CPC 8845*)
Toll refining services - basic / 2) / None, other than:
metals
(CPC 8851) / Toll Refining of Basic Metals (Ontario):
Must be treated or refined in Canada
4. B. Wholesale trade services / Marketing of Fish Products (Nova Scotia):
Nova Scotia residents require ministerial approval
to enter into agreements with nonresidents
4. D. Franchising / 1) / None, other than:
Franchising related to / (Alberta): Service suppliers required to
non-financial intangible assets / designate a place within Alberta where they
(CPC 8929*) / can be served legal documents
3) / None, other than:
(Alberta): Required to have an attorney for
service in legal documents
7. A. (i) Direct Insurance (including co-insurance)
1) / None, other than:
d) Services auxiliary to
insurance (including broking and / Intermediation of insurance relating to
agency services) / maritime shipping, commercial aviation,
(CPC 8140) / space launching, freight (including
satellites) and goods in international
transit (all provinces): Services must be
supplied through a commercial presence in
the province in which the service is
provided.
(Ontario and Prince Edward Island):
Non-resident individual adjusters are
prohibited from being adjusters in the
province.
(Manitoba): Licenses to act as insurance
agents and brokers are not issued to
non-residents of Canada.
(New Brunswick): Licenses shall not be
issued to a corporation whose head office is
outside Canada.
(Alberta and Manitoba): A license to act as
a special broker authorized to place
insurance coverage with unlicensed insurers
is restricted to residents of the province,
as the case may be.
(British Columbia): Licenses for general
insurance shall be issued only to residents
of the province.
(Prince Edward Island): Licenses to act as
insurance agent or adjusters are not issued
to non-resident of the province.
9. A. Food and beverage serving / 3) / None, other than:
services
(CPC 642/3) / Sale of liquor on premises (Nova Scotia):
New licences require a majority approval in
a public vote
India
2.C. o) o) Cellular mobile telephone / 3) / The service will be permitted to be provided
services. / only after the operator gets a licence from
the Designated Authority who shall determine
the need, if any, for issuance of new
licences. The terms and conditions of the
licence will be as laid down by the
Designated Authority or Government or the
prevailing laws in the country
Only digital (GSM) technology will be
permitted and this will only be terrestrial
based.
There will be two cellular service operators
in each service area. The position will be
reviewed after 10 years. The right of
DoT/MTNL to enter into each service area is
reserved.
7. A. All Insurance and Insurance-related
Services
Reinsurance and retrocession / 1),2) / Reinsurance can be taken with foreign
5(a)(ii) / reinsurers to the extent of the residual
uncovered risk after obligatory or statutory
placements domestically with Indian
insurance companies.
Insurance intermediation, / 1),2) / Reinsurance of domestic risks can be placed
limited to reinsurance Ex. / with foreign reinsurers through overseas
5(a)(iii) / brokers, to the extent mentioned under
reinsurance and retrocession
3) / (i) Overseas brokers are allowed to have
resident representatives and representative
offices who can procure reinsurance business
from Indian insurance companies to the
extent mentioned above. They can also place
reinsurance business from abroad with Indian
insurance companies.
(ii) Except for the business indicated
above, the resident representatives and
representative offices cannot undertake any
other activity in India.
(iii) All expenses of the resident
representatives and representative offices
have to be met by remittances from abroad
and no income can be received in India from
Indian residents.
1. A. a) Legal services supplied by a / 1) / Services must be supplied by a natural
lawyer qualified as "Bengoshi" / person.
under Japanese law
(CPC 861) / Commercial presence is required.
Korea RP
2.C.o) a) Voice telephone services / 1) / None except that the provision of all
(CPC 7521**) / services is subject to commercial
arrangements with licensed Korean service
b) Packet-switched data / suppliers
transmission services
(CPC 7523**)
c) Circuit-switched data
transmission services
(CPC 7523**)
d) Telex services
(CPC 7523**)
e) Telegraph services
(CPC 7523**)
f) Facsimile services
(CPC 7521**, 7529**)
g) Private leased circuit
services (CPC 7522**, 7523**)
o) Other
Digital cellular services
(CPC 75213*)
Paging services
(CPC 75291*)
PCS (personal communications
services, CPC 75213*)
TRS (trunked radio system)
services (CPC 7523**,
CPC 75213*)
Mobile data services
(CPC 7523**)
4. C. Retailing Services / 3) / Department stores and shopping centers are
(CPC 6111, 61130, 61210, 63101, / prohibited.
63104 and 632, excluding animal
feed, livestock and other animal
in 63295)
6. B. Refuse Disposal Services / 3) / Refuse collection and transport service
suppliers may conduct business only within
Industrial Refuse Disposal / the jurisdiction of the respective Regional
Services / Environment Office which has granted them
(CPC 9402#14) / approval for operation.
7. f) Trading for own account or for account of
customers, whether on an exchange, in an
over-the-counter market or otherwise, the
following:
All financial services covered / 1),2),3) / Korea undertakes a standstill commitment for
by this schedule including / limitations on market access, where specific
Insurance / commitments are undertaken, in financial
services listed in this schedule as of 31
August 1997.
Cross-border supply of financial services
and supply through consumer movement may not
be settled in Korean currency. After the
establishment of a commercial presence,
financial institutions may handle only
transactions, denominated and settled in
Korean currency, with residents. Approval
is required for transactions denominated or
settled in foreign currency or transactions
with non-residents.
The management and operation of assets of a
financial institution are restricted. A
financial institution may not own
non-business real estate.
Assets owned by branches must be kept within
the territory of Korea. The capital of the
head office is not recognized as the basis
for determining the extent of funding and
lending activities of branches.
- Demand deposit interest rates are
regulated.
Some new financial products, including
derivatives, are subject to approval.
- With interest rate and foreign exchange
liberalization, such products will be more
widely allowed, subject to relevant laws and
regulations.
3) / New licenses are issued during a specific
3. General Construction Work / period every year.
(CPC 5111, 5112, 5113, 5115,
5116, 512, 5131, 5132, 5133, / Limits on contract amount per contract are
5136#9, 5137, 5139) / applied.
A compulsory subcontract system is applied.
Brazil
1. A. b) Accounting, auditing and / 1) / Unbound except that a foreign service
book-keeping / supplier may cede its name to Brazilian
(CPC 862) / professionals
3) / Participation of non-residents in juridical
persons controlled by Brazilian nationals is
not allowed. A foreign service supplier
shall not use its foreign name, but may cede
it to Brazilian professionals who will
constitute and exercise full participation
in a new juridical person within Brazil.
1. F. a) Advertising services / 1) / Foreign participation in the production is
(CPC 871) / limited to 1/3 of the footage of advertising
films. Larger participation is conditional
on use of Brazilian talent and production
house. Advertising films must be spoken in
Portuguese, unless the use of a foreign
language is required by the subject of the
film.
3. A. General Construction Work / 3) / Access will be granted 5 years after
for Buildings / entering into force of Agreement
(CPC 512) / establishing the World Trade Organization.
No limitations after that date.
USA
1. A. a) 1) Legal Services: practice / 1) / For the following jurisdiction, the
as or through a qualified US / following commitments apply: in (all states)
lawyer / Services must be supplied by a natural
person
An in-state office must be maintained for
licensure in: District of Columbia, Indiana
(or an affiliate with an office and with
other attorneys in the state), Michigan,
Minnesota (or maintain individual residency
in Minnesota), Mississippi, New Jersey,
Ohio, South Dakota and Tennessee.
2) / Services must be supplied by a natural
person
An in-state office must be maintained for
licensure in: District of Columbia, Indiana
(or an affiliate with an office and with
other attorneys in the state), Michigan,
Minnesota (or maintain individual residency
in Minnesota), Mississippi, New Jersey,
Ohio, South Dakota and Tennessee.
3) / Services must be supplied by a natural
person
Partnership in law firms is limited to
persons licenced as lawyers
US citizenship is required to practice
before the US Patent and Trademark Office
4) / Services must be supplied by a natural
person
An in-state office must be maintained for
licensure in: District of Columbia, Indiana
(or an affiliate with an office and with
other attorneys in the state), Michigan,
Minnesota (or maintain individual residency
in Minnesota), Mississippi, New Jersey,
Ohio, South Dakota and Tennessee.
US Citizenship is required to practice
before the US Patent and Trademark Office
1. A. a) 2) Legal Services:
consultancy on law of / 3) / For the following jurisdiction, the
jurisdiction where service / following commitments apply: District of
supplier is qualified as a / Columbia, New Jersey, Minnesota, New York, Ohio
lawyer (such consultancy
excludes the following: / In-state office required
i) appearing for a person other
than himself or herself as
attorney in any court, or
before any magistrate or other
judicial officer, in this state
(other than upon admission pro
haec vice);
ii) preparing any instrument
effecting the transfer or
registration of title to real
estate located in the United
States of America; iii)
preparing any will or trust
instrument effecting the
disposition on death of any
property located in the
United States of America and
owned by a resident thereof, or
any instrument relating to the
administration of a decedent's
estate in the United States of
America; and iv) preparing any
instrument in respect of the
marital or parental relations,
rights or duties of a resident
of the United States of America,
or the custody or care of the
children of such a resident.)
1. A. b) Accounting, Auditing and / 3) / Sole proprietorships or partnerships are