This is the European Commission (EC)
“requests” to the United States. Of course their jurisdiction is the GATS and
there-fore they can seek “judicial review” according to GATs which rules “in
the best interest of trade”. There is no appeal and the US courts have NO
jurisdiction.
As you read through this, and see how the EC can dictate to the US, be
mindful that the powers granted to State’s has been desolved and given to
foreign corporations. Also note that the powers of the President and the US
Congress have beeen usurped. I have a few notes below in the text. I have also
placed in BOLD some high-lites.
AD HOC 133 COMMITTEE SERVICES
MD : 042/02
SOURCE : Commission
FOR : Discussion
DATE RECEIVED : 06-03-02
GATS 2000
Request from the EC and its Member States (hereinafter the EC) to the United
States of America
General remarks
This request covers horizontal commitments, MFN exemptions and the following
service sectors:
- Professional services
- Business services
- Courier and postal services
- Telecommunication services
- Construction and related engineering services
- Distribution services
- Environmental services
- Financial services
- Tourism and travel related services
- Transport (air, maritime, land, other) services
- Energy services
The EC proposes that the United States of America’s current GATS
commitments are revised in accordance with this request. The EC is both
seeking improved commitments and clarification of existing commitments as set
out in this Request. The EC is furthermore looking for a reduction in
scheduled limitations whether these are horizontal or sector specific in
nature.
The EC further requests that commitments are entered in accordance with the
scheduling guidelines adopted by the Council of Trade in Services on 23 March
2001 (S/L/92). In particular, for each commitment or limitation entered the EC
requests:
that the sector and sub-sector are clearly identified in accordance with the
classification list in Document MTN.GNS/W/120 or other internationally
recognised classification (e.g. Financial Services Annex) and corresponding
CPC number. If this is not possible, the schedule should contain a
sufficiently detailed definition to avoid any ambiguity as to the scope of the
commitment.
that any remaining limitation on market access (thereafter "MA") or on
national treatment (thereafter "NT") are clearly described and only be
inscribed in the market access or national treatment columns if the measure is
of a nature foreseen by Articles XVI-XVII GATS.
The EC remains available to provide any clarification and answer any question
on this request. Questions can be addressed to the European Commission via the
EC contact point, via the Delegation of the European Commission in Geneva, or
at the following EC officials in Directorate-General Trade Unit D2 (Trade in
services, including e-commerce) :
Country Desk Officer: Nathalie CHAZE. (Tel : 32-2 299.00.98 e-mail :
nathalie.chaze@cec.eu.int)
General issues: J.A. Machado, Head of Unit (Tel : 32-2 299 63.10; e-mail :
joao-luis.aguiar-machado@cec.eu.int)A. C. Jessen, Deputy Head of Unit (Tel:
32-2 299 24.57, email: anders.jessen@cec.eu.int)
Note : The EC reserves the right to revise and/or supplement this request. For
each service sector, W120 classification has been followed unless expressly
indicated and CPCs refer to the Provisional CPC classification. The precise
scope for each sector is without prejudice to the EC’s final positions on
classification issues and to the EC’s classification of their existing
commitments.
HORIZONTAL COMMITMENTS :
EC request to the United States of America
Mode 4
Intra-corporate transferees :
The EC requests that a commitment be made to allow as intra-corporate
transferees « persons with a university degree or equivalent technical
qualification who are transferring for career development purposes or to
obtain training in business techniques or methods ». The maximum prior
employment requirement should be one year.
Contractual Service Suppliers :
A contractual service supplier is a juridical person with no commercial
presence in The United States, who has obtained a service contract in The
United States which requires the presence of its employees in The United
States in order to fulfil that contract. EC request : Clarify scope of
existing commitments in relation to contractual service suppliers employed in
the following sectors.
List of sectors :
1. Business Services
Legal Services
Accounting and bookkeeping services
Taxation services
Architectural services
Engineering Services
Integrated engineering services
Urban planning and landscape architectural services
Computer and Related Services
Research and Development Services
Advertising
Management consulting services
Services related to management consulting
Technical testing and analysis services
Related scientific and technical consulting services
Maintenance and repair of equipment
Photographic services
Convention services
Translation services
3. Construction and related engineering services
Site investigation work (CPC 5111)
4. Distribution Services
Wholesale trade services (CPC 622)
6. Environmental Services
Water for human use & wastewater management
Solid/hazardous waste management
7. Financial Services
Services auxiliary to insurance, such as consultancy, actuarial, risk
assessment and claim settlement services
Advisory, intermediation and other auxiliary financial services on all the
activities listed in the subparagaphs (v) to (xv) of the classification of the
Annex on Financial Services, including credit reference and analysis,
investment and portfolio research and advice, advice on acquisitions and on
corporate restructuring and strategy
9. Tourism and Travel Related Services
Tourist Guide Services (CPC 7472)
Additional commitments
- Difficulties are experienced as a result of the length of time taken to
process H1B visas as well as with visits linked to short-term projects work.
The EC wishes to discuss the possibility of taking additional commitments to
address these issues.
Note : Mode 4 is covered horizontally in this part for all service sectors.
The sectoral requests in the following pages only refer to mode 4 when
specifically related to one particular service sector.
Acquisition of land:
Mode 3 – NT: restrictions on ownership or purchase of land by non-US citizens
in South Carolina, Oklahoma, Florida, Wyoming and Mississippi. EC Request:
give national treatment to foreign-owned companies.
Mode 3 – NT: restrictions on purchase of public lands by non-US citizens in
Hawaii, Idaho, Mississippi, Montana and Oregon. EC Request: give national
treatment to foreign-owned companies.
Taxation measures
Modes 1, 2 and 3 – NT: direct taxes at the federal level
differential tax treatment between trusts organised in the US and trusts not
organised in the US. EC Request: eliminate, as this measure falls under
Article XIV of GATS and therefore does not need to be scheduled.
reciprocity provision on income tax. EC Request: eliminate this measure.
Modes 1, 2 and 3 – NT taxes other than direct taxes at the federal level
Excise tax in connection with transfer of property to a foreign entity. EC
Request: eliminate this discrimination.
Excise tax on income of foreign private foundations. EC Request: the EC would
appreciate clarification, as this measure appears to be a direct tax.
Subsidies
Mode 3 – NT : National treatment is unbound for research and development
subsidies. EC Request: Clarify the applicability and scope of the regime.
Federal small business administration loans restricted to US citizens.
EC Request: commit national treatment for foreign owned companies.
PROFESSIONAL SERVICES
EC request to the United States of America
The USA has committed this sector only partially. The EC requests that this
sector is committed as follows:
Legal Services (CPC 861)
In several States, this sub-sector is not committed or partially committed for
practice of international public law or of third country law (additional
commitments). EC Request: For all States, extend sectoral coverage of
commitments to consultancy on international public law and on law of
jurisdiction where the service supplier or its personnel are qualified
lawyers.
Modes 1, 2 and 3: MA – Supply of services through a qualified US lawyer
restricted to natural persons. EC Request: Remove this restriction.
Modes 3 and 4: MA – Supply of services through a qualified US lawyer
restricted by citizenship requirement for practice before the US Patent and
Trademark Office. EC Request: Remove this restriction.
Mode 3: MA – In 35 States this mode remains unbound for consultancy on law of
jurisdiction where the service supplier is a qualified lawyer. EC Request:
Remove and allow market access.
Modes 3 and 4: NT – In-state residency requirement applicable in Michigan,
Texas and Washington for consultancy on law of jurisdiction where the service
supplier is a qualified lawyer. EC Request: Remove this requirement.
Mode 4: MA – This mode remains unbound in 35 States and is subject to the
establishment of an in-state office in the District of Columbia, Minnesota,
New Jersey, New York and Ohio . EC Request: Commit for all States as referred
to in the section “Horizontal commitments”.
Conditions mentioned in footnotes: Prior practice requirements when licensing
as foreign legal consultant in the USA. EC Request: Remove this requirement.
Accounting, auditing and bookkeeping services (CPC 862)
Mode 3: MA – Obligation to incorporate in Iowa.
EC Request: Remove this requirement.
Mode 4: MA – Obligation of establishing an in-state office in several States.
EC Request: Remove this requirement.
Mode 4: MA – Citizenship requirement in North Carolina.
EC Request: Remove this requirement.
Mode 4: NT – Residency requirement in several States.
EC Request: Remove this requirement.
Architectural services (CPC 8671)
Urban planning and landscape architectural services (CPC 8674)
For each of these two sub-sectors:
Mode 4: MA – Local licensing of two-thirds of the officers, partners and/or
directors of an architectural firm in Michigan. EC Request: Remove this
requirement.
Engineering services (CPC 8672)
Integrated engineering services (CPC 8673)
For each of these two sub-sectors:
Mode 4: MA – Citizenship requirement in the District of Columbia. EC Request:
Remove this requirement.
Mode 4: NT – In-state residency requirement in Idaho, Iowa, Kansas, Maine,
Mississippi, Nevada, Oklahoma, South Carolina, South Dakota, Tennessee, Texas
and West Virginia. EC Request: Remove this requirement.
BUSINESS SERVICES (other than professional
services)
EC request to the United States of America
B. Computer and Related Services
General
In view of the rapid technological advances which have taken, and continue to
take place, in this sub-sector, the EC proposes to seek clarification at a
multilateral level as to what services are considered to be covered under CPC
Prov 84.
C. Research and Development Services
The United States has not committed this Sector. The EC requests that it be
committed as follows :
a.R&D Services on natural sciences (CPC 851)
b.R&D Services on social sciences and humanities (CPC 852)
c.Interdisciplinary R&D services. (CPC 853)
For each of the above sub-sectors :
Modes 1 and 3 : Take full commitments, i.e. schedule "none" under MA and NT.
Mode 4 : Commit as referred to in the section "Horizontal commitments".
D. Real Estate Services
a. Involving own or leased property (CPC 821) and
b. On a fee or contract basis (CPC 822)
Mode 4: MA – US citizenship requirement for real estate broker in New York EC
Request: remove this requirement.
E Rental and Leasing Services without Operators :
The United States has not committed the following sub-Sector. The EC requests
that it be committed as follows :
a. Relating to ships (CPC 83103)
For the above sub-sector :
Modes 1, 2, 3 : Take full commitments, i.e. schedule "none" under MA and NT.
Mode 4 : Commit as referred to in the section "Horizontal commitments".
F. Other Business Services :
NB: Requests (if any) on (h) - services incidental to mining, and (j) -
services incidental to energy distribution, are covered in those sections of
the request dealing with Energy Services and Construction Services.
e. Technical testing and analysis services (CPC 8676)
The United States has not committed this sub-Sector. The EC requests that it
be committed as follows :
Modes 1, 2, 3 : Take full commitments, i.e. schedule "none" under MA and NT.
Mode 4 : Commit as referred to in the section "Horizontal commitments".
l. Security Services (CPC 87302 – 87309)
Mode 3: MA – permanent resident alien status or US citizenship required to own
contract security companies in Maine. EC Request: remove this requirement.
m. Related scientific and technical consulting services (CPC 8675)
The United States has not committed the following sub-sectors: land surveying
for the purpose of establishing legal boundaries, aerial surveying and aerial
map-making. EC Request: Extend sectoral coverage to all of CPC 8675.
r. Printing and Publishing Services (CPC 88442)
This sub-sector has not been committed for “printing”. EC Request: Extend
sectoral coverage to all of CPC 88442.
Mode 3: MA - “A single company/firm is not allowed to own a combination of
newspaper, radio and/or TV broadcast stations serving the same local market.”
EC Request: clarify applicability and scope of the regime.
t. Other (CPC 8790)
Translation Services (CPC 87905)
The United States has not committed this sub-Sector. The EC requests that it
be committed as follows :
Modes 1, 2, 3 : Take full commitments, i.e. schedule "none" under MA and NT.
Mode 4 : Commit as referred to in the section "Horizontal commitments".
POSTAL AND COURRIER SERVICES
EC request to the United States of America
This request includes sub-sectors that are listed under the negotiating
proposal of the EC (S/CSS/W/61). The work on the revision of classification of
this sector is still underway. For this reason, the sub-sectors lack reference
to CPC.
The United States has only partially committed this sector (commitments in
courier services). The EC requests United States to commit this sector as
follows, based on the EC proposal for the revised classification of postal and
courier services:
Services relating to the handling of postal items , whether for domestic or
foreign destinations:
A. Handling of addressed written communications on any kind of physical medium
, including:
- Hybrid mail services
- Direct mail
B. Handling of addressed parcels and packages
C. Handling of addressed press products
D. Handling of items referred to in A. to C. above as registered or insured
mail.
E. Express delivery services for items referred to in A. to C. above.
F. Handling of non-addressed items.
G. Document exchange.
H. Other services not elsewhere specified.
EC request for sub-sectors B., C., E., F. and G. :
Modes 1, 2 and 3 : Undertake full commitments for market access and national
treatment.
Mode 4 : Commit as referred to in the section « Horizontal commitments ».
EC request for sub-sectors A. and D. :
Modes 1, 2 and 3 : Undertake commitments for market access and national
treatment.
Mode 4 : Commit as referred to in the section « Horizontal commitments »
TELECOMMUNICATION SERVICES
EC request to the United States of America
The United States have only partially committed this Sector. The EC requests
that this Sector is committed as follows :
Mode 3 - Establishment
Comsat has exclusive rights to links with Intelsat and Inmarsat. EC request:
remove this restriction.
Direct Ownership of a common carrier radio license may not be granted to or
held by
(a) foreign government or the representative thereof
(b) non-U.S. citizen or the representative of any non-U.S. citizen
(c) any corporation not organized under the laws of the United States or
(d) U.S. corporation of which more than 20% of the capital stock is owned or
voted by a foreign government or its representative, non-U.S. citizens or
their representatives or a corporation not organized under the laws of the
United States
EC request: remove these restrictions.
Additional Commitments
In the additional commitments made by the United states, there is a
restriction on the Reference Paper concerning interconnection obligations.
Rural local exchange carriers may be exempted by a state regulatory authority
for a limited period of time from the obligations of section 2.2. with regard
to interconnection with competing local exchange carriers. Also, Rural
telephone companies do not have to provide interconnection to competing local
exchange carriers in the manner specified in section 2.2. until ordered to do
so by a state regulatory authority.
EC request: remove these restrictions.
MFN exemption
The United States has registered an MFN exemption on one-way satellite
transmission of DTH and DBS television services and of digital audio services.
EC request: remove this MFN exemption.
CONSTRUCTION AND RELATED ENGINEERING SERVICES
EC request to the United States of America
General
The United States has committed this Sector only partially. The EC requests
that this Sector be committed as follows:
All sub-sectors (CPC 511 to CPC 518)
Sector coverage: the United States has specifically excluded “Marine Dredging”
from this Sector. EC Request: Remove this exclusion and specify that
commitments in this sub-sector cover dredging services.
Mode 4: MA – An in-state office must be maintained by all contractors in
Michigan. EC Request: Remove this requirement.
DISTRIBUTION SERVICES
EC request to the United States of America
United States of America has only partially committed this Sector. The EC
requests that this Sector is committed as follows :
All sub-sectors
EC Request : include the CPCs as indicated below in the appropriate sector
column :
A. Commission agents' services (CPC 621, 6111+6113+6121)
B. Wholesale trade services (CPC 622, 6111+6113+6121)
C. Retailing services (CPC 631+632, 6111+6113+6121+613)
D. Franchising (CPC 8929)
B. Wholesale trade services (CPC 622)
C. Retailing services (CPC 631+632, 6111+6113+6121)
For B and C., the distribution of the following goods is not committed :
- alcoholic beverages
- military equipment.
EC Request:
for alcoholic beverages :
Modes 1, 2, 3 : Take full commitments, i.e. schedule "none".
Mode 4 : Commit as referred in the section "Horizontal commitments".
for military equipment: clarify the scope of the exclusion in particular by
identifying more precisely the goods excluded (e.g. arms, ammunitions,
explosives ).
ENVIRONMENTAL SERVICES
EC request to the United States of America
The EC requests the United States to commit the following sub-sectors, and
schedule existing commitments accordingly, based on the EC proposal for the
classification of environmental services.
For all sub-sectors, remove limitations on activities covered.
A. Water for human use & wastewater management
Water collection, purification and distribution services through mains, except
steam and hot water
Extend sectoral coverage to include the above services, and take full
commitments in that sub-sector for mode 2 and 3.
Waste water services (CPC 9401)
B. Solid/hazardous waste management
Refuse disposal services (CPC 94020)
Sanitation and similar services (CPC 94030)
C. Protection of ambient air and climate
Services to reduce exhaust gases and other emissions and improve air quality
(CPC 94040)
D. Remediation and cleanup of soil & water
Treatment, remediation of contaminated/polluted soil and water (part of CPC
94060)
E. Noise & vibration abatement
Noise abatement services (CPC 94050)
F. Protection of biodiversity and landscape
Nature and landscape protection services (part of CPC 94060)
G. Other environmental & ancillary services
Other environmental protection services not classified elsewhere (CPC 94090)
FINANCIAL SERVICES
EC request to the United States of America
A. Insurance
Mode 1: NT – Discriminatory federal excise taxes on premiums ceded abroad (1%
in reinsurance and life insurance, 4% in non-life insurance).
EC Request: Eliminate this discrimination.
Mode 1: NT – Requirement that ships built with Government aid can only be
placed outside the US if the risk is first offered in the US market.
EC Request: Remove this requirement.
Modes 1 and 2: MA and NT - State-level compulsory reinsurance cessions. EC
Request: Eliminate the compulsory cessions.
Modes 1 and 2: MA and NT - Insurance for large commercial risks (except MAT
insurance) is unbound. EC Request: Take commitments.
Modes 1 and 2: NT – Restrictive measures on business with non-admitted
reinsurers, amounting to a deposit or letter of credit requirement.
EC Request: Remove those restrictions.
Modes 1 and 3: MA – In direct insurance and reinsurance, government-owned or
government-controlled companies are not authorised to conduct business in
various States. EC Request: Eliminate this ban.
Mode 3: MA - No mechanism for licensing initial entry of a foreign insurance
company as a subsidiary or a branch in various States.
EC Request: Remove this restriction.
Mode 3: NT - Discrimination against alien reinsurers of US Treasury listed
insurers in excess of their Treasury list limit. EC Request: Remove this
discrimination.
Mode 3: MA - Requirements for priority cessions to domiciled insurers.
EC Request: Eliminate those requirements.
Mode 3: MA - No agreed NAIC model law, which would avoid companies being
obliged to obtain a licence in each individual State in which they wish to set
up operations (branch or subsidiary). EC Request: Promote adoption by NAIC of
such a model law.
Mode 3: NT - No access for foreign insurers (due to a change in internal rules
of the American organisation International Traffic in Arms Regulations (ITAR))
to technical information essential to the rating of space risks in the USA. EC
Request: Allow access to the information.
Mode 3: MA – In direct insurance, requirements of US citizenship and residency
for members of the board and incorporators in various States.
EC Request: Remove those requirements.
Mode 3: NT – In brokerage and agency services, higher license fees may be
charged for non-residents. EC Request: Eliminate this discrimination.
Modes 1 and 3: MA – In services auxiliary to insurance, licenses are not
issued to non-residents, are limited to certain lines of insurance or are
subject to citizenship requirement in various States. EC Request: Take full
commitments.
B. Banking and other financial services
Modes 1 and 2: MA – Impossibility for foreign mutual funds to make public
offerings in the US. EC Request: remove this restriction.
Modes 1, 2 and 3: MA - Supervision of European mother company of mutual funds
set by European managers under the Investment Advisers Act as amended in
1994/1995. EC Request: Limit supervision to entities in the USA.
Modes 1 and 2: MA - Prohibition for European electronic securities markets
(cash markets and options markets) to place remote-access facilities ("trading
screens") in the US. EC Request: remove this prohibition.
Modes 1 and 2: MA - Prohibition placed on non-US licensed institutions and
brokerage houses from dealing on US futures and options markets for US
customers other than on a fully disclosed basis to and through a US broker. EC
Request: remove this prohibition.
Mode 3: NT – Discriminatory registration requirement for foreign banks under
the Investment Advisers Act of 1940 to engage in securities advisory and
investment management services. EC Request: Remove this discrimination.
Mode 3: MA – Disproportionate asset pledge requirements for foreign banks’
branches, either federally-licensed or State-licensed in various States, in
particular New York. EC Request: Remove this restriction.
Mode 3: MA - Expansion via establishment or acquisition of a branch is
unbound. EC Request: Take commitments.
Mode 3: MA - In various States, no possibility of initial establishment of
State-chartered subsidiaries, branches, representative offices, or savings and
loan associations. EC Request: Remove this restriction.
Mode 3: MA - Citizenship requirements, both at federal (directors of national
banks) and State level (directors and incorporators of depository financial
institutions, collection agency services), as well as residency requirements
at State level (directors and incorporators of depository financial
institutions. EC Request: Remove those requirements.
Mode 3: MA - Requirement that foreign qualified employees of non-US licensed
institutions who wish to become National Futures Association Approved persons
must be sponsored by a US institution, notwithstanding that they may have met
all Commodity Futures Trading Commission and National Futures Association
educational requirements.
EC Request: Eliminate this requirement.
Mode 3: MA – Unbound for the authority to act as a sole trustee of an
indenture for a bond offering. EC Request: take commitments.
Mode 3: MA – Unbound for the granting or continuation of status of primary
dealer in US Government debt. EC Request: take commitments.
MFN exemptions
Insurance – Reciprocity condition. EC Request: Remove the reciprocity
condition.
Banking – Reciprocity tests in various States. EC Request: Eliminate the
reciprocity tests.
Trustee services – Reciprocity condition. EC Request: Remove the reciprocity
condition.
Primary dealing in US Government debt – Reciprocity condition. EC Request:
Eliminate the reciprocity condition.
TOURISM AND TRAVEL RELATED SERVICES
EC request to the United States of America
C. Tourist guides services (CPC 7472 )
Mode 3: Market Access: EC Request: Remove limitations on number of concessions
available for commercial operations.
TRANSPORT SERVICES
EC request to the United States of America
A. Maritime transport
USA has no commitment for maritime transport.
EC Request: Take commitments in accordance with the attached model schedule
(Annex 1). In particular for the following areas:
1) International transport (freight and passengers) CPC 7211 and 7212
2) Additional commitments for access to and use of ports facilities
3) Maritime auxiliary services (maritime cargo handling, storage and warehouse
services, customs clearance services, container station and depot services,
maritime agency services)
4) Multimodal activities: for inland forwarding of cargoes - commit the
ability to rent or lease - or to have access to and use of multimodal
facilities (as specified in the note to the schedule).
5) Definitions – commit definitions as specified in the model schedule.
The EC also request the following additional maritime commitments from USA:
6) Equipment. To facilitate planning of their businesses operators should be
allowed to reposition their own equipment, such as empty containers, between
ports of USA, when it is not carried against payment. This is requested to be
committed in a new footnote:
“9. Movement of own equipment. International maritime transport suppliers can
move/reposition their own equipment (i.e. empty containers, flatbeds etc.) on
their own vessels between ports of USA.”
7) International cargo. Notwithstanding the general exclusion of “cabotage” in
the definitions of the model schedule (see Annex 1) an international maritime
transport supplier should be allowed to operate feeder services for its own
international cargo between ports of USA. This is requested to be committed in
a new footnote:
“10. Notwithstanding the exclusion of “cabotage” in definition 1 above
international maritime transport suppliers can operate vessels for the
purposes of pre- and onward carriage of the international cargo between ports
of USA“
In this context USA may wish to take the one or more of the following
principles into concern:
Size of the port. Only valid for international cargo relayed
between national ports handling more than [25.000 TEU] on an
annual basis.
Binding existing ad hoc practices. To the extent exceptions are
already granted for use of foreign flagged vessels such practices could be
bound to explicitly cover pre- and onward carriage of international cargo.
Geographical limitations: Transport of international cargo
between ports within the same state [or other relevant sub-federal/regional
entity] remains excluded.
A final request related to maritime transport is:
8) Rental and leasing of vessels with crew (CPC 7213, 7223).
EC Request:
Modes 1, 2 and 3: Take full commitments, i.e. schedule “none”, under MA and NT
Mode 4: Commit as in horizontal commitments.
The USA has currently restricted this activity to international transport.
B. Internal waterways:
The USA has no commitment for this activity.
c) Rental and leasing of vessels with crew (CPC 7213, 7223)
EC Request:
Modes 1, 2 and 3: Take full commitments, i.e. schedule “none”, under MA and NT
Mode 4: Commit as referred in the section “Horizontal commitments”
C. Air transport
1) Maintenance and repair of aircraft and parts thereof.
EC Request:
Modes 2 and 3: Take full commitments, i.e. schedule “none”, under MA and NT
Mode 4: Commit as referred in the section “Horizontal commitments”
2) Selling and marketing.
USA has no commitment for this activity.
EC Request:
Modes 1, 2 and 3: Take full commitments, i.e. schedule “none”, under MA and NT
Mode 4: Commit as referred in the section “Horizontal commitments”
3) Computer Reservation Systems.
USA has no commitment for this activity.
EC Request:
Modes 1, 2 and 3: Take full commitments, i.e. schedule “none”, under MA and NT
Mode 4: Commit as referred in the section “Horizontal commitments”
4) Groundhandling services, as specified in the attached definitions (Annex
2).
EC Request:
Modes 2 and 3: Take full commitments, i.e. schedule “none”, under MA and NT
Mode 4: Commit as referred in the section “Horizontal commitments”
5) Airport management services, as specified in the attached definitions
(Annex 2).
EC Request:
Mode 3: Take full commitments, i.e. schedule “none”, under MA and NT
Mode 4: Commit as referred in the section “Horizontal commitments”
Air Transport Services
USA a has a MFN exemption for measures which pertain to selling and marketing
of air transport services (including sales, other than by airlines, of
passenger charters and forwarding of air freight other than by airlines) and
to operation and regulation of computer reservation system (CRS) services, as
described in the Annex on Air Transport Services.
EC Request:
Remove elements concerning freight forwarding (see EC request for air
transport/auxiliary services). Limit exemption for selling/marketing and CRS
systems by specifying the practices targeted by the exemption.
F. Road Transport Services
USA has an MFN exemption for issuance of trucking licenses for cross border
licensing on a reciprocity basis.
EC Request: Clarify under which circumstances these benefits from agreements
would also apply to a Community company authorised and established in the USA
(see road transport where the EC request opening of Mode 3 for freight
transportation).
H. Services Auxiliary to All Modes of Transport
The USA has no commitment for these sub-groups
b) Storage and Warehouse Services (CPC 742)
EC Request:
Modes 2 and 3: Take full commitments, i.e. schedule “none”, under
MA and NT
Mode 4: Commit as referred in the section “Horizontal commitments”
c) Freight Transport Agency/Freight Forwarding Services (CPC 748) and
Pre-Shipment Inspection (part of CPC 749)
EC Request:
Modes 1, 2 and 3: Take full commitments, i.e. schedule “none”, under
MA and NT
Mode 4: Commit as referred in the section “Horizontal commitments”
Annex 1: SCHEDULE ON MARITIME TRANSPORT SERVICES
Sector or Sub-Sector Limitations on Market Access Limitations on National
Treatment Additional Commitments
TRANSPORT SERVICESMARITIME TRANSPORTSERVICESInternational Transport (freight
and passengers) CPC 7211 and 7212 less cabotage transport 1) (a) Liner
Shipping: none (b) Bulk, tramp, and other international shipping, including
passenger transportation; none 1) (a) None (b) None The following services at
the port are made available to international maritime transport suppliers on
reasonable and no discriminatory terms and conditions1. Pilotage2. Towing and
tug assistance3. Provisioning, fuelling and watering4. Garbage collecting and
ballast waste disposal 5. Port Captain’s services6. Navigation aids7.
Shore-based operational services essential to ship operations, including
communications, water and electrical supplies8. Emergency repair facilities9.
Anchorage, berth and berthing services1) See note
TRANSPORT SERVICES MARITIME TRANSPORT SERVICESInternational Transport (freight
and passengers) CPC 7211 and 7212 less cabotage transport (cont.) 2) None3)
(a) Establishment of registered company for the purpose of operating a fleet
under the national flag of the State of establishment: unbound (b) Other forms
of commercial presence for the supply of international maritime transport
services (as defined below – 2): none4) (a) Ships’ crews: unbound (b) Key
personnel employed in relation to a commercial presence as defined under mode
3b) above: Unbound except as in horizontal section 2) None3) (a) Unbound (b)
None4) (a) Unbound (b) Unbound except as in horizontal section 3) (b) See
Notes 2, 3,
MARITIME AUXILIARY SERVICESMaritime Cargo Handling Services (as defined below
– 4)Storage and warehousing Services CPC 742 Customs Clearance Services (as
defined below – 5) 1) Unbound* except for – no limitation on transhipment
(board to board or via the quay) and/or on the use of on-board cargo handling
equipment2) None3) None**4) Unbound except as in horizontal section 1)
Unbound*2) None3) None**4) Unbound except as in horizontal section 1)
Unbound*2) None3) None**4) Unbound except as in horizontal section 1) Unbound*
except for no limitation on transhipment (board to board or via the quay)
and/or on the use of on-board cargo handling equipment2) None3) None4) Unbound
except as in horizontal section1) Unbound*2) None3) None4) Unbound except as
in horizontal section 1) Unbound*2) None3) None4) Unbound except as in
horizontal section
MARITIME AUXILIARY SERVICES (cont.)Container Station and Depot Services (as
defined below – 6)Maritime Agency Services (as defined below – 7)(Maritime)
Freight Forwarding Services (as defined below - 8) 1) Unbound*2) None3)
None**4) Unbound except as in horizontal section 1) None2) None3) None4)
Unbound except as in horizontal section 1) None2) None3) None4) Unbound except
as in horizontal section 1) Unbound*2) None3) None4) Unbound except as in
horizontal section 1) None2) None3) None4) Unbound except as in horizontal
section 1) None2) None3) None4) Unbound except as in horizontal section
NOTE TO THE SCHEDULE
Where road, rail, inland waterways (and) (related) (auxiliary) services are
not otherwise fully covered in (this) (a Member’s) 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), (this additional commitment),
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).
DEFINITIONS
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 … (name of
country or, for EEC, « a Member State ») and another port located in … (name
of the country or, for EEC, « the same Member State ») and traffic originating
and terminating in … the same port located in (name of country, or for the
EEC, « a Member State ») provided that this traffic remains within … (name of
country or « this Member State »)’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).
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, in the case of foreign personnel, subject to the horizontal commitment on
movement of personnel) with any locally established shipping agency;
(f) acting on behalf of the companies, organising the call of the ship or
taking over cargoes when required.
3. « Multimodal transport operators » 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.
4. « Maritime cargo handling services » means activities exercised by
stevedore companies, including terminal operators, but not including the
direct activities of dockers, when this workforce is organised independently
of the stevedoring or terminal operator companies. The activities covered
include the organisation and supervision of:
- the loading/discharging of cargo to/from a ship;
- the lashing/unlashing of cargo;
- the reception/delivery and safekeeping of cargoes before shipment or after
discharge.
5. « Customs clearance services » (alternatively « customs house brokers’
services ») means activities consisting in carrying out on behalf of another
party customs formalities concerning import, export or through transport of
cargoes, whether this service is the main activity of the service provider or
a usual complement of its main activity.
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.
7. « Maritime agency services » means activities consisting in representing,
within a given geographic area, as an agent the business interests of one or
more shipping lines or shipping companies, for the following purposes:
- marketing and sales of maritime transport and related services, from
quotation to invoicing, and issuance of bills of lading on behalf of the
companies, acquisition and resale of the necessary related services,
preparation of documentation, and provision of business information;
- acting on behalf of the companies organising the call of the ship or taking
over cargoes when required.
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).
Annex 2 Facilitating air transport services
Ground-handling Services
Efficient ground-handling is essential to the proper functioning of air
transport and competition between operators in this area ensures that proper
use is made of air transport infrastructure. It helps reduce the operating
costs of airlines and improves the quality of service for airport users.
For specialised groundhandling suppliers the following activities are
requested:
Ground Administration – supervision and administration at the airport (CPC
7461);
Passenger Handling – assisting arriving, departing and transfer passengers
(CPC 7461);
Baggage Handling – handling baggage in the sorting area (CPC 7461);
Freight and Mail Handling – physical handling of freight and mail, dealing
with security and customs procedures (CPC 74110 (container handling services)
and 74190 (other cargo handling services);
Ramp Handling – marshalling and moving the aircraft, loading and unloading of
aircraft, transport of passengers, freight, supplies (CPC 7469).
Aircraft Services – cleaning the aircraft, heating and cooling, removal of
snow and ice (CPC 7469);
Fuel and Oil Handling – organisation and provision of fuel and oil;
Aircraft Maintenance – covered specifically by the Annex as above;
Flight Operations and Crew Administration – preparation of the flight,
inflight and post-flight assistance, crew administration;
Surface Transport – organisation and execution of transport within airport –
except to and from aircraft;
Catering Services – administration, storage, preparation and delivery of bar
and food supplies (CPC 6423). [Catering is listed for only for information
purposes as this activity is classified and committed by USA as part of
tourism services]
Airport management services
Airport management services constitute the core activities of airport services
providers and cover: Airport operation services (excl. cargo handling),
including passenger air terminal services and ground services on air fields,
including runway operating services, on a fee or contract CPC 74610.
Activities are also related to “other management consulting services” (CPC
86509) and activities separately specified under “other management services
not elsewhere classified"(CPC 86609). A commitment will allow services
suppliers to take an equity stake in - and engage in the overall operation and
management of - airports when these are open for investments from private
operators. Thereby it will bind existing common practices in the sector.
ENERGY SERVICES
EC request to the United States of America
This request includes services that are listed under the negotiating proposal
of the EC (S/CSS/W/60). The work on the classification of these services is
still underway. For this reason, some activities therefore lacks reference to
CPC.
The EC requests that this area is committed as follows :
A. Services related to exploration and production
CPC 511 and CPC 513: Construction and related engineering services
Mode 4: MA – An in-state office must be maintained by all contractors in
Michigan. EC Request: Remove this requirement.
B. Services related to the construction of energy facilities
B.1 Construction of energy facilities
CPC 513: Construction work for civil engineering
CPC 51340: For long distance pipelines, communication and power lines (cables)
CPC 51350: For local pipelines and cables; ancillary works
CPC 51360: For constructions for mining and manufacturing
Mode 4: MA – An in-state office must be maintained by all contractors in
Michigan. EC Request: Remove this requirement.
B.2 Installation and assembly work
CPC 516: Installation and assembly work
Mode 4: MA – An in-state office must be maintained by all contractors in
Michigan. EC Request: Remove this requirement.
C. Services related to networks
C.1 Operation of transportation/transmission and distribution facilities
· CPC 71310: Transportation of petroleum and natural gas
This sub-sector is not committed. EC Request:
Modes 3 : Take commitments for operation of networks not part of the
integrated system.
Mode 4 : Commit as referred in the section "Horizontal commitments".
D. Storage services
· CPC 74220: Bulk storage services of liquids or gases
This sub-sector is not committed. EC Request:
Mode 3 : Take full commitments, i.e. schedule "none".
Mode 4 : Commit as referred in the section "Horizontal commitments".
E. Services for the supply of energy
E.1 Wholesale of energy products
Wholesale trade services of electricity
EC Request:
Modes 3 : Take full commitments, i.e. schedule "none".
Mode 4 : Commit as referred in the section "Horizontal commitments".
E.3 Trading of energy products
EC Request:
Modes 1, 2, 3 : Take full commitments, i.e. schedule "none".
Mode 4 : Commit as referred in the section "Horizontal commitments".
E.4 Brokering of energy products
EC Request:
Modes 1, 2, 3 : Take full commitments, i.e. schedule "none".
Mode 4 : Commit as referred in the section "Horizontal commitments".
G. Services related to decommissioning
EC Request:
Modes 3 : Take full commitments, i.e. schedule "none".
Mode 4 : Commit as referred in the section "Horizontal commitments".
MFN Exemptions
Pipeline Transport
The USA has an MFN exemption regarding the acquisition of right-of-way for oil
or gas pipelines across on-shore federal lands or acquisition of leases or
interests in certain minerals on on-shore federal lands. Such MFN exemption
establishes also a condition of reciprocity for 100 per cent interest by
non-US citizens in a domestic corporation carrying the above mentioned
activities.
EC Request: Clarify in detail the different cases of application of the MFN
and the conditions and criteria for the application and evaluation of the
reciprocity conditions. Eliminate the MFN exemption.
MFN EXEMPTIONS
EC request to the United States of America
General
Taxation measures :
More favourable treatment benefiting resident of countries contiguous to the
United States. EC Request: the EC is of the view that this measure is covered
by Article XIV (e). In this case, this should be eliminated as this is not
necessary.
Benefits available under the US IRC with respect to US possession: EC Request:
the EC is of the view that these measures are linked to avoidance of double
taxation. In this case, such measures are covered by Article XIV(e) and should
therefore be eliminated.
Benefits available under the US IRC with respect to CBI beneficiary countries.
EC Request: clarify the regime.
Reciprocal reduction of taxation on income derived from the international
operation of aircraft or of taxation of certain earnings derived from the use
of railroad rolling stock. EC Request: the EC is of the view that such
measures are included in bilateral tax treaties covered by Article XIV (e). In
this case, this exemption is not necessary and should be eliminated.
Denial of statutory reduction of double taxation because the country
participates in a an international boycott. EC Request: eliminate this
exemption.
Measures permitting less favourable taxation for citizens, corporations or
products of a foreign country based on discriminatory or extraterritorial
taxes, more burdensome taxation, or other discriminatory conduct. EC Request:
eliminate the measures.
Measures permitting less favourable taxation of corporations of foreign
country based on discriminatory conduct. EC Request: eliminate the measures.
Tax exemption for earnings derived from the operation of a communications
satellite system, pursuant to the Communications Satellite. EC request:
eliminate this measure.
General exception for sub-federal tax measures. EC Request: eliminate this
exception.
Land use:
Reciprocity provision in Wyoming. EC Request: eliminate this measure.
Sectoral MFN exemptions
See EC request on telecommunications services, financial services, transport
services and energy services.
This document was found here
http://attac.org/fra/orga/doc/ue4us.htm
and they have other countries also at their home
http://attac.org/fra/orga/doc/ue4en.htm