Professional Documents
Culture Documents
Orld Rade Rganization: GATS/SC/144
Orld Rade Rganization: GATS/SC/144
10 March 2008
ORGANIZATION
(08-1034)
Trade in Services
UKRAINE
_______________
UKRAINE – SCHEDULE OF SPECIFIC COMMITMENTS
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GATS/SC/144
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
Subsidies and other forms of state support (1), (2), (3), (4) Unbound, referring to the
subsidies and other forms of state
support, including the access to financial
and other material resources of the State.
GATS/SC/144
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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
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GATS/SC/144
I. Intra-corporate transferees
(executives, managers and
specialists)
GATS/SC/144
and/or other similar activities.
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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
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GATS/SC/144
Such a service seller shall not engage in
direct sales or supply of services to the
general public
GATS/SC/144
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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
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GATS/SC/144
- Consultancy on home country law (1) None (1) None
and international law and third (2) None (2) None
country law (3) None (3) None
(part of CPC 861) (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
- Auditing services (1) None, except official audit reports (1) None
(CPC 86211) must be confirmed by an auditor or
auditing firm of Ukraine
(2) None (2) None
(3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
GATS/SC/144
and Paramedical Personnel (3) None, except: professional (3) None, except foreigner service
(part of CPC 93191) qualification requirements suppliers must speak Ukrainian
according with Ukrainian legislation
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(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
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
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GATS/SC/144
2. Computer and Related Services
(a) Consultancy services related to the (1) None (1) None
installation of computer hardware (2) None (2) None
(CPC 841) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
(b) R&D services on social science and (1) None (1) None
humanities (2) None (2) None
(CPC 852) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
GATS/SC/144
(CPC 83109)**
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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
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GATS/SC/144
6. Other Business Services
(a) Advertising services (1) None (1) None
(CPC 871) (2) None (2) None
(3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
(b) Market research and public opinion (1) None (1) None
polling services (2) None (2) None
(CPC 864) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
GATS/SC/144
horizontal section horizontal section
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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
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GATS/SC/144
(m) Related scientific and technical (1) None (1) None
consulting services (2) None (2) None
(CPC 8675) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
-Including Automotive
Maintenance and Repair
Services
(CPC 8867)
(o) Building-cleaning services (1) None (1) None
(CPC 874) (2) None (2) None
(3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
GATS/SC/144
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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
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GATS/SC/144
II. COMMUNICATION SERVICES
1. and 2. Postal and Courier Services (including express delivery services)1
Services relating to the handling2 of items (1) (2) (3) Licensing systems may be (1) (2) (3) None
in accordance with the following list of established for sub-sectors (і) to (iv), for
sub-sectors, whether for domestic or which a general Universal Service
foreign destinations. For the purpose of Obligations exists. These licenses may
the following commitments, written be subject to particular universal service
communication excludes simple letters obligations and/or financial contribution
weighing less than 50 grams and to a compensation fund. None for sub-
postcards. sectors (v) to (viii)
(і) Handling of addressed written (4) Unbound except as indicated in the (4) Unbound except as indicated in the
communication on any kind of horizontal section horizontal section
physical medium3, including:
1
The commitment on postal and courier services and express delivery services applies to commercial operators of all forms of ownership, both private and state.
2
"Handling" should be taken to include clearance, sorting, transport and delivery.
3
E.g. letter, postcards.
4
Books and catalogues are included in this subsector.
5
Magazines, newspapers and periodicals.
6
Express delivery services are defined as the collection, transport, and delivery of documents, printed matter, parcels, goods or other items on an expedited basis,
while tracking and maintaining control of these items throughout the supply of the service.
7
Provision of means, including the supply of ad hoc premises as well as transportation by a third party, allowing self-delivery by mutual exchange of postal items
between users subscribing to this service. Postal item refers to items handled by any type of commercial operator, whether public or private.
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
3. Telecommunication services
Commitments undertaken by Ukraine are based on the principles of compilation of schedules covered by the following documents: "Notes for Scheduling Basic Telecom
Services Commitments" (S/GBT/W/2/Rev.1) and "Market Access Limitations on Spectrum Availability" (S/GBT/W/3)
Basic Telecommunications Services:
(a) Voice telephone services (1) None (1) None The attached Reference Paper on
(CPC7521) (2) None (2) None regulatory principles is incorporated as
(3) None (3) None additional commitments by Ukraine
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
GATS/SC/144
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
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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
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GATS/SC/144
(f) Facsimile services (1) None (1) None
(CPC 7521**+7529**) (2) None (2) None
(3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
8
Broadcasting is defined as the uninterrupted chain of transmission required for the distribution of TV and radio programme signals to the general public, but does not
cover contribution links between operators.
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
(j) On-line information and database (1) None (1) None
retrieval (2) None (2) None
(CPC 7523**) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
GATS/SC/144
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
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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
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GATS/SC/144
(a) General construction work for (1) None (1) None
buildings (2) None (2) None
(CPC 512) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
GATS/SC/144
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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
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GATS/SC/144
V. EDUCATIONAL SERVICES
(a) Primary education services (1) None (1) None
(CPC 921) (2) None (2) None
(3) None, except in line with Ukrainian (3) None
legislation, only a citizen of Ukraine
may be the head of an educational
institution, notwithstanding the type
of ownership
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
GATS/SC/144
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
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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
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GATS/SC/144
- Nature and landscape protection (1) None (1) None
services (2) None (2) None
(CPC 9406) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
Foreign insurance companies may provide insurance services via branches only 5 years following Ukraine's accession to the WTO.
(i) Direct insurance (including co- (1) Unbound, except none for: (1) Unbound, except as indicated in the
insurance): - insurance of risks relating to market access column
maritime shipping and commercial
(A) Life insurance services aviation and space launching and
(B) Non-life insurance services freight (including satellites), with
(including marine and such insurance to cover any or all of
aviation insurance) the following: the goods being
transported, the vehicle transporting
(ii) Reinsurance and retrocession the goods and any liability arising
services therefrom;
(iv) Services auxiliary to insurance, such - reinsurance;
as consultancy, actuarial, risk - services auxiliary to insurance
assessment and claims settlement (2) None (2) None
services (3) None (3) None
(4) Unbound except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
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
(iii) Insurance intermediation, such as (1) Unbound, except none for: (1) Unbound, except as indicated in the
brokerage and agency - insurance of risks relating to market access column
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;
- reinsurance;
After 5 years from the date of
accession: none
GATS/SC/144
(3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
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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
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GATS/SC/144
(viii) All payment and money (1) None (1) None
transmission services, including (2) None (2) None
credit, charge and debit cards, (3) None (3) None
travellers cheques and bankers (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
drafts horizontal section horizontal section
- (D) exchange rate and interest rate (1) Unbound (1) None.
instruments, including (2) None (2) None.
products such as swaps, (3) None (3) None.
forward rate agreements (4) Unbound, except as indicated in (4) Unbound, except as indicated in the
horizontal section horizontal section
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
- (E) transferable securities (1) None (1) None
(2) None (2) None
(3) None (3) None
(4) Unbound, except as indicated in (4) Unbound, except as indicated in the
horizontal section horizontal section
(xiv) Settlement and clearing services for (1) None (1) None
financial assets, including securities, (2) None (2) None
GATS/SC/144
derivative products, and other (3) None (3) None
negotiable instruments (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
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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
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GATS/SC/144
(xv) Provision and transfer of financial (1) None (1) None
information, financial data (2) None (2) None
processing and related software by (3) None (3) None
suppliers of other financial services (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
(b) Travel agencies and tour operators (1) None (1) None
services (2) None (2) None
(CPC 7471) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
GATS/SC/144
- Dance instructor services, except (1) Unbound (1) Unbound
dance sport (2) None (2) None
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(CPC 96195**) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in
horizontal section the horizontal section
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
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GATS/SC/144
(b) News agency services (1) None (1) None
(CPC 962) (2) None (2) None
(3) Foreign investment is limited to (3) None
35%
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
(d) Sporting services (CPC 9641) and (1) None (1) None
other recreational services (2) None (2) None
(CPC 9649) excluding gambling (3) None (3) None
and betting services (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
GATS/SC/144
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9
Public utility concession or licensing procedures may apply in case of occupation of the public domain.
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
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GATS/SC/144
(d) Maintenance and repair of vessels (1) None (1) None
(CPC 8868**) (2) None (2) None
(3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
(b) Sales and marketing of air transport (1) None (1) None
services (2) None (2) None
(3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
GATS/SC/144
(c) Rental of commercial vehicles with (1) None (1) None
operator (2) None (2) None
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(CPC 7124) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
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
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GATS/SC/144
(d) Maintenance and repair of road (1) None (1) None
transport equipment (2) None (2) None
(CPC 6112+8867) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
7. Pipeline Transport
(a) Transportation of fuels (1) None (1) None Ukraine commits itself to provide full
(CPC 7131) (2) None (2) None transparency in the formulation, adoption
(3) None (3) None and application of measures affecting
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the access to and trade in services of pipeline
horizontal section horizontal section transportation.
Ukraine undertakes to ensure adherence
(b) Transportation of other goods (1) None (1) None to the principles of non-discriminatory
(CPC 7139) (2) None (2) None treatment in access to and use of pipeline
(3) None (3) None networks under its jurisdiction, within the
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the technical capacities of these networks,
horizontal section horizontal section with regard to the origin, destination or
ownership of product transported,
without imposing any unjustified delays,
restrictions or charges, as well as without
discriminatory pricing based on the
differences in origin, destination or
ownership.
8. Services auxiliary to all modes of transport
(a) Cargo handling services (1) Unbound* (1) Unbound*
(CPC741) (2) None (2) None
(3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
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
(b) Storage and warehouse services (1) Unbound* (1) Unbound*
(CPC 742) (2) None (2) None
(3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
GATS/SC/144
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10
This subclass does not include medical treatment services, cf. 931.
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
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GATS/SC/144
- Hairdressing and other beauty (1) Unbound* (1) Unbound*
services (2) None (2) None
(CPC 9702) (3) None (3) None
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section horizontal section
GATS/SC/144
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Where road, rail, inland waterways and related auxiliary services are not otherwise fully covered in
this schedule, a multimodal transport operator shall have the ability to rent or lease trucks, railway
carriages or barges, and related equipment, for the purpose of inland forwarding of cargoes, or have
access to, and use of, these forms of multimodal activities on reasonable and non-discriminatory terms
and conditions for the purpose of carrying out multimodal transport operations. "Reasonable and non-
discriminatory terms and conditions" means, for the purpose of multimodal transport operations the
ability of the multimodal transport operator to arrange for the conveyance of its merchandise on a
timely basis, including priority over other merchandise which has entered the port at a later date.
1. Without prejudice to the scope of activities which may be considered as "cabotage" under the
relevant national legislation, this schedule does not include "maritime cabotage services",
which are assumed to cover transportation of passengers or goods between a port located in
Ukraine and another port located in Ukraine and traffic originating and terminating in the
same port located in Ukraine provided that this traffic remains within Ukraine's territorial
waters.
2. "Other forms of commercial presence for the supply of international maritime transport
services" means the ability for international maritime transport service suppliers of other
Members to undertake locally all activities which are necessary for the supply to their
customers of a partially or fully integrated transport service, within which the maritime
transport constitutes a substantial element. (This commitment shall however not be construed
as limiting in any manner the commitments undertaken under the cross-border mode of
delivery).
(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 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 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, in the case of
foreign personnel, subject to the horizontal commitment on movement of personnel)
with any locally established shipping agency; and
GATS/SC/144
Page 38
(f) acting on behalf of the companies, organising the call of the ship or taking over
cargoes when required.
3. "Multimodal transport operator" means the person on whose behalf the bill of
lading/multimodal transport document, or any other document evidencing a contract of
multimodal carriage of goods, is issued and who is responsible for the carriage of goods
pursuant to the contract of carriage.
6. "Container station and depot services" means activities consisting in storing containers,
whether in port areas or inland, with a view to their stuffing/stripping, repairing and making
them available for shipments.
- 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; and
- acting on behalf of the companies organising the call of the ship or taking over
cargoes when required.
8. "Freight forwarding services" means (the activity consisting of organising and monitoring
shipment operations on behalf of shippers, through the acquisition of transport and related
services, preparation of documentation and provision of business information).
GATS/SC/144
Page 39
REFERENCE PAPER
Scope
The following are definitions and principles on the regulatory framework for the basic
telecommunications services.
Definitions
Essential facilities mean facilities of a public telecommunications transport network or service that
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:
1. Competitive safeguards
Appropriate measures shall be maintained for the purpose of preventing suppliers who, alone or
together, are a major supplier from engaging in or continuing anti-competitive practices.
1.2 Safeguards
2. Interconnection
2.1 This section applies to linking with suppliers providing public telecommunications transport
networks or services in order to allow the users of one supplier to communicate with users of
another supplier and to access services provided by another supplier, where specific
commitments are undertaken.
Interconnection with a major supplier will be ensured at any technically feasible point in the
network. Such interconnection is provided.
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.
The procedures applicable for interconnection to a major supplier will be made publicly
available.
It is ensured that a major supplier will make publicly available either its interconnection
agreements or a reference interconnection offer.
A service supplier requesting interconnection with a major supplier will have recourse, either:
3. Universal service
Any Member has the right to define the kind of universal service obligation it wishes to
maintain. Such obligations will not be regarded as anti-competitive per se, provided they are
administered in a transparent, non-discriminatory and competitively neutral manner and are not
more burdensome than necessary for the kind of universal service defined by the Member.
(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.
The reasons for the denial of a licence will be made known to the applicant upon request.
5. Independent regulators
The regulatory body is separate from, and not accountable to, any supplier of basic
telecommunications services. The decisions of and the procedures used by regulators shall be
impartial with respect to all market participants.
GATS/SC/144
Page 41
Any procedures for the allocation and use of scarce resources, including frequencies, numbers
and rights of way, will be carried out in an objective, timely, transparent and non-discriminatory
manner. The current state of allocated frequency bands will be made publicly available, but
detailed identification of frequencies allocated for specific government uses is not required.
__________