search

Franklin Scandal Omaha

pictorial index

sitemap home

nfu

 

9/11 Truth, JFK assassination, Holocaust revision & ISIS interactive spreadsheet

9/11, JFK, Holocaust ISIS Timeline

Clinton criminal timeline

 
 

tisa

Wikileaks / RT ... TISA Trade in Services Agreement leaked documents

19 Documents converted from pdf to text, all on one page.

Original Source documents

 

 

9/11 Truth, JFK assassination, Holocaust revision & ISIS interactive spreadsheet

9/11, JFK, Holocaust ISIS Timeline

Clinton criminal timeline

 

 

 

 

9-11

 

 

 

 

I

Wikileaks / RT ... TISA Trade in Services Agreement leaked documents

http://rt.com/news/264745-wikileaks-secret-tisa-documents/

Source: RT.com http://rt.com/usa/167088-wikileaks-tisa-secret-trade/
Wikileaks: https://wikileaks.org/tisa/
Trade in Services Agreement (TiSA)
Annex on Air Transport Services
WikiLeaks release: June 3, 2015
This is a secret draft of the Trade in Services Agreement (TiSA) Annex on Air Transport Services,
including negotiating positions. TiSA is currently under negotiation between the United States, the
European Union and 23 other countries. The Agreement creates an international legal regime which aims
to deregulate and privatize the supply of services - which account for the majority of the economy across
TiSA countries. The draft Annex concentrates on the privatization of air transport services in TiSA
countries, opening up the air transport services industries to competition by transnational companies and
contractors. Affected services would include aircraft repair and maintenance, the sale and marketing of air
transport services, computer reservation system services, airport operations and ground handling
services such as catering, crew administration and flight planning, passenger and baggage handling.
Description
Keywords: TiSA, Trade in Services Agreement, WTO, GATS, G20, BCBS, IAIS,
IOSCO, FATF, OECD, United States, European Union, Australia,
Canada, Chile, Chinese Taipei (Taiwan), Colombia, Costa Rica, Hong
Kong, Iceland, Israel, Japan, Liechtenstein, Mauritius, Mexico, New
Zealand, Norway, Pakistan, Panama, Paraguay, Peru, South Korea,
Switzerland, Turkey, Uruguay, draft, bracketed text, negotiating
positions, air transport, airlines, travel, cargo, airport, customs, security,
freight
Restraint: LIMITED
Title: Trade in Services Agreement (TiSA) Annex on Air Transport Services
Date: February 9, 2015
Group: Trade in Services Agreement
Author: Trade in Services Agreement country negotiators
Link: https://wikileaks.org/tisa/air-transport/
Pages: 3
LIMITED
[ANNEX] ON AIR TRANSPORT SERVICES
For the purposes of this draft, we refer to Annex. As the architecture of the TiSA text takes
shape, it is possible that it could be a Chapter or Section.

1. [AU/CH/CL/EU/JP/NZ/NO/IS propose; CA/CO/MX/PE/TR oppose: This Annex applies to
measures affecting trade in air transport services, whether scheduled or nonscheduled,
and ancillary services.
2. The Agreement [CH/NO oppose: including its dispute settlement procedures,] shall not
apply to measures affecting:

(a) traffic rights, however granted; or
(b) services directly related to the exercise of traffic rights;
except as provided in paragraph 3 of this Annex.
3. The Agreement shall apply to measures affecting:]
[TR propose: 1. In relation to air transport services, the Agreement shall exclusively
apply to measures affecting:]
[CA/CO/MX/PE propose; US considering: 1. This Agreement does not apply to air
services or related services in support of air services, other than:]
(a) aircraft repair and maintenance services;
(b) the selling and marketing of air transport services;
(c) computer reservation system (CRS) services;
(d) [AU/CA/CH/CL/EU/IS/MX/NO/NZ/TR propose; KR oppose: ground handling
services;
(e) airport operation services;] and
(f) [AU/CL/NZ/PE propose; CH/EU/HK/KR/TR oppose: specialty air services.]
[CA/MX propose: 2. In the event of any inconsistency between this Agreement and a
bilateral or multilateral air services agreement to which two or more Parties are party,
the air services agreement shall prevail in determining the rights and obligations of
those Parties that are party to that air services agreement.]
4. [CH/CL/NZ propose; AU/CA/CO/EU/IL/MX/PE/TW oppose: The Parties recognise the
importance of air transport services in facilitating the expansion of trade, enhancing
LIMITED
economic growth and benefiting consumers.] [CH/CL/NZ propose;
AU/CA/CO/EU/HK/IL/JP/MX/PE/TR/TW oppose: Therefore, the Parties should work, in
appropriate fora, such as the ICAO, towards [CH opposes: an Open Skies air services]
[CH proposes: a liberal multilateral] agreement.]
5. Parties will come back to dispute settlement, when dispute settlement provisions are
agreed.

6. Definitions:

(a) "Aircraft repair and maintenance services" mean such activities when undertaken
on an aircraft or a part thereof while it is withdrawn from service and do not
include so-called line maintenance.
(b) "Selling and marketing of air transport services" mean opportunities for the air
carrier concerned to sell and market freely its air transport services including all
aspects of marketing such as market research, advertising and distribution.
These activities do not include the pricing of air transport services nor the
applicable conditions.
(c) "Computer reservation system (CRS) services" mean services provided by
computerised systems that contain information about air carriers' schedules,
availability, fares and fare rules, through which reservations can be made or
tickets may be issued.
(d) [AU/CA/CH/CL/EU/IS/MX/NO/NZ/TR propose: “Ground handling services” mean
the supply at an airport, on a fee or contract basis, of the following: airline
representation, administration and supervision; passenger handling; baggage
handling; ramp services; catering (except the preparation of the food); air cargo
and mail handling; fuelling of an aircraft; aircraft servicing and cleaning; surface
transport; and flight operations, crew administration and flight planning. Ground
handling services do not include self-handling; security; line maintenance;
aircraft repair and maintenance; or management or operation of essential
centralised airport infrastructure such as de-icing facilities, fuel distribution
systems, baggage handling systems, and fixed intra-airport transport systems.
(e) “Airport operation services” mean the supply of air terminal, airfield and other
airport infrastructure operation services on a fee or contract basis. Airport
operation services do not include air navigation services.]
(f) [AU/CL/NZ propose; CH/EU/HK/TR oppose: “Specialty air services” mean any
specialized commercial operation using an aircraft whose primary purpose is not
the transportation of goods or passengers such as aerial fire-fighting, flight
training, sightseeing, spraying, surveying, mapping, photography, parachute
LIMITED
jumping, glider towing, and helicopter-lift for logging and construction, and other
airborne agricultural, industrial, and inspection services.]
(g) [CA oppose: “Traffic rights” mean the right for scheduled and non-scheduled
services to operate and/or to carry passengers, cargo and mail for remuneration
or hire from, to, within, or over the territory of a Party, including points to be
served, routes to be operated, types of traffic to be carried, capacity to be
provided, tariffs to be charged and their conditions, and criteria for designation of
airlines, including such criteria as number, ownership, and control.]
CO notes that if paragraphs 1 and 2 are deleted, a definition for traffic rights would not
be necessary.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx2

Trade in Services Agreement (TiSA)
Annex on Competitive Delivery Services (April 2014)
WikiLeaks release: June 3, 2015
This is the secret April 2014 draft of the Trade in Services Agreement (TiSA) Annex on Competitive
Delivery Services, including negotiating positions. TiSA is currently under negotiation between the United
States, the European Union and 23 other countries. The Agreement creates an international legal regime
which aims to deregulate and privatize the supply of services - which account for the majority of the
economy across TiSA countries. The draft Annex concentrates on curbing regulatory intervention in mail
and other delivery services, obliging states to rein in and limit the scope of their "monopolies", i.e.
domestic postal services, in order to create an environment in which private postal companies can
compete. This text dates from shortly before the 6th round of TiSA negotiations held 28 April - 2 May 2014
in Geneva, Switzerland.
Description
Keywords: TiSA, Trade in Services Agreement, WTO, GATS, G20, BCBS, IAIS,
IOSCO, FATF, OECD, United States, European Union, Australia,
Canada, Chile, Chinese Taipei (Taiwan), Colombia, Costa Rica, Hong
Kong, Iceland, Israel, Japan, Liechtenstein, Mauritius, Mexico, New
Zealand, Norway, Pakistan, Panama, Paraguay, Peru, South Korea,
Switzerland, Turkey, Uruguay, draft, bracketed text, negotiating
positions, delivery, post, mail, courier, goods, transport
Restraint: This Document Contains TiSA – U.S. CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED* LIMITED
Title: Trade in Services Agreement (TiSA) Annex on Competitive Delivery
Services
Date: April 16, 2014
Group: Trade in Services Agreement
Author: Trade in Services Agreement country negotiators
Link: https://wikileaks.org/tisa/delivery/
Pages: 4
This Document Contains TISA – U.S. CONFIDENTIAL Information  
MODIFIED HANDLING AUTHORIZED*
LIMITED
TRADE IN SERVICES AGREEMENT
(TISA)
Annex on Competitive Delivery Services
April 16, 2014
            Reason:   1.4(b)
Declassify on: Five years from entry into  
force of the TISA agreement  
or, if no agreement enters into
force, five years from the close  
of the negotiations.   
* This document must be protected from
unauthorized disclosure, but may be mailed or
transmitted over unclassified e­mail or fax,
discussed over unclassified phone lines, and  
stored on unclassified computer systems. It  
must be stored in a locked or secured building,
room, or container.
This Document Contains TISA – U.S. CONFIDENTIAL Information  
MODIFIED HANDLING AUTHORIZED*
LIMITED
Trade In Services Agreement
Annex on Competitive Delivery Services
Scope
[The following obligations apply to all] [EU: This Annex applies to measures affecting the
supply of] delivery services supplied on a competitive or commercial basis. Unless otherwise
indicated, this Annex does not distinguish among service suppliers.
1. For the purposes of this Agreement:
Competitive delivery services means the collection, [EU/TR: sorting,] transport, and
delivery of documents, printed matter, parcels, goods, or other items in competition
with one or more service suppliers. Competitive delivery services do not include (i) air
transport services, (ii) services supplied in the exercise of governmental authority, or
(iii) maritime transport services.
[Express delivery services means the supply of a competitive delivery service on an
expedited basis while tracking and maintaining control of the items throughout the
supply of the service.]
[Postal monopoly means the exclusive supply of [specified collection, [TR: sorting,]
transport, and delivery services] [EU: specified delivery services] within a Party’s
territory pursuant to a measure by the Party.
Regulatory Transparency and Independence
2. Each Party that maintains a postal monopoly [EU:, as identified in its schedule of
specific commitments] shall define the scope of the monopoly [TR: with regard to items of
correspondence] on the basis of objective criteria, including quantitative criteria such as price
and/or weight thresholds.
3. Each Party shall ensure that any authority responsible for regulating [competitive
delivery services] [EU: delivery services] is separate from, and not accountable to, any supplier
of competitive delivery services [EU: or the postal monopoly], [and that the] [EU: the]
decisions and procedures that these authorities adopt [are] [EU: shall be] impartial, nondiscriminatory,
and transparent with respect to all [competitive] delivery service suppliers in
its territory.
[Abuse of Monopoly
4. Each Party shall ensure that any supplier of services covered under a postal monopoly
does not use its monopoly position to engage, either directly or indirectly, including through
its dealings with its parent, subsidiaries, or other enterprises the Party or the service supplier
owns, in anticompetitive practices in a non-monopolized market in its territory that adversely
affect the supply of competitive delivery services by as service supplier of another Party.
This Document Contains TISA – U.S. CONFIDENTIAL Information  
MODIFIED HANDLING AUTHORIZED*
LIMITED
Cross-subsidization
5. No Party may allow a supplier of services covered by a postal monopoly to crosssubsidize
its own, or any other supplier’s competitive delivery services, with revenues derived
from monopoly postal services.]
[EU: Abuse of Monopoly and Cross-subsidization
4. Parties shall ensure appropriate measures for the purpose of preventing suppliers who,
alone or together, have the ability to affect the terms of participation in the markets for delivery
services as a result of use of their position in the market, from engaging in or continuing anticompetitive
practices. These anti-competitive practices shall include in particular:
a) engaging in anti-competitive cross-subsidization, such as for example using revenues
of postal monopoly to cross-finance competitive delivery services; and
b) discrimination and lack of transparency, such as for example unjustified differentiation
in relation to the special tariffs and/or the associated conditions for services provided
to big senders, bulk mailers or consolidators.
5. Each Party shall ensure that there is no unjustified preferential treatment of competitive
delivery services of any service provider.]
[Universal Service
[EU: 6. The universal service obligation will not be regarded as anti-competitive per se,
provided it is administered in a transparent, non-discriminatory and competitively neutral
manner and is not more burdensome than necessary for the kind of universal service defined
by the Party.
7. The universal service obligation shall be limited and proportional to the actual needs of
the users that are not met by the market forces. In particular, the universal service obligation
shall not include express delivery services.]
6. [No Party may require the supply of universal services as a condition for an authorization or
license to supply non-universal, competitive delivery services, or assess fees or other charges
exclusively on express delivery service suppliers for the purpose of funding the supply of
another delivery service.]
[TR: Each Party has the right to set the rules with regard to universal postal services. However,
no Party may require the supply of universal services as a condition for an authorization or
license to supply non-universal, competitive delivery services.]
[Network Access]
[Additional provisions are under consideration to address network access issues.]
This Document Contains TISA – U.S. CONFIDENTIAL Information  
MODIFIED HANDLING AUTHORIZED*
LIMITED
Use of Agents
9. No Party may require a supplier of competitive delivery services to contract, or prevent
them from contracting, with [an agent] [EU: a service supplier] to supply a segment of the
service.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx3

Trade in Services Agreement (TiSA)
Domestic Regulation Annex (February 2014)
WikiLeaks release: June 3, 2015
This is the secret February 2014 bracketed draft of the Trade in Services Agreement (TiSA) Domestic
Regulation Annex, including negotiating positions.
TiSA is currently under negotiation between the United States, the European Union and 23 other
countries. The Agreement creates an international legal regime which aims to deregulate and privatize the
supply of services - which account for the majority of the economy across TiSA countries.
The draft Annex restricts the ability of TiSA states to enact regulations which affect the international trade
in services, or which are deemed incompatible with the market philosophy underlying TiSA.
This text dates from 5th round of TiSA negotiations held from 17-24 February 2014 in Geneva,
Switzerland.
Description
Keywords: TiSA, Trade in Services Agreement, WTO, GATS, G20, BCBS, IAIS,
IOSCO, FATF, OECD, United States, European Union, Australia,
Canada, Chile, Chinese Taipei (Taiwan), Colombia, Costa Rica, Hong
Kong, Iceland, Israel, Japan, Liechtenstein, Mauritius, Mexico, New
Zealand, Norway, Pakistan, Panama, Paraguay, Peru, South Korea,
Switzerland, Turkey, Uruguay, draft, bracketed text, negotiating
positions, regulation
Restraint: Limited - For Restricted Distribution to TiSA Parties only
Title: Trade in Services Agreement (TiSA) Annex on Domestic Regulation
Date: February 20, 2014
Group: Trade in Services Agreement
Author: Trade in Services Agreement country negotiators
Link: https://wikileaks.org/tisa/domestic/
Pages: 12
LIMITED
1
For Restricted Distribution to TISA Parties only
20 February 2014
TISA - Annex on Domestic Regulation
[CH/JP/NZ propose:
Scope & Definitions
1. This Annex applies to measures relating to licensing requirements and
procedures, and qualification requirements and procedures, and [CA/US oppose;
CO/EU considering: technical standards] [CA/US propose;
AU/CH/CL/CR/HK/JP/KR/LI/NO/NZ oppose: with which a service supplier is
required to comply in order [MX oppose: to obtain, amend or renew authorization]
to supply a service] affecting trade in services. [CH/CL/HK/MX propose: Unless
otherwise provided for in this Annex, this Annex shall apply to sectors and subsectors
where a Party has undertaken specific commitments.] [CH/TR propose: This
Annex does not apply to measures to the extent that they are subject to scheduling
under Articles I-3 (MA) or I-4 (NT).]
[AU/CA/CL/CO/EU/HK/KR/MX/NO/TW/US propose:
1. This Annex applies to measures relating to licensing requirements and
procedures, qualification requirements and procedures, [CA/US oppose; CO/EU
considering: and technical standards,] affecting [US oppose: trade in services]
[US propose: the supply of a service] with respect to which a Party has undertaken
a commitment under Article I-3 or I-4, subject to any terms, limitations, conditions
or qualifications [set out] [inscribed] in its schedule pursuant to Articles II-1 and II-2.
2. Notwithstanding paragraph 1, paragraphs [X], [XX] ... of this Annex apply to
measures relating to licensing requirements and procedures, qualification
requirements and procedures, and technical standards affecting trade in services.]
[CH propose:
1. This Annex applies to measures by Parties relating to licensing requirements
and procedures, qualification requirements and procedures, [and technical
standards,] affecting trade in services. This Annex does not apply to measures to the
extent that they are subject to scheduling under Articles I-3 or I-4.
2. Except for paragraphs [X], [XX] ... of this Annex, this Annex applies to sectors
and subsectors in which a Party has undertaken specific commitments under Article
I-3 [or I-4].]
[NZ propose; CH/HK/TR/US oppose:
LIMITED
2
2. Notwithstanding paragraph 1, [para [X], [XX] …of] this Annex shall apply to:
(a) measures in sectors where a Party has made a specific commitment on Market
Access, subject to any terms, limitations and conditions set out in that Party’s
Schedule in accordance with Article II-1; and
(b) measures with respect to sectors, sub-sectors or activities where a Party has
granted National Treatment, subject to any conditions and qualifications set
out in that Party’s Schedule in accordance with Article II-2.2.]
[CH/CL/EU/HK/JP/KR/LI/NO/NZ/TR propose; CR/PE/US oppose:
Subject to the removal of 'to obtain, amend or renew authorization' from Art.1, MX
will oppose Art. 3.
3. For the purposes of this Annex:
(a) “Licensing requirements” are substantive requirements, other than
qualification requirements, with which a natural or a juridical person is
required to comply in order to obtain, amend or renew authorization to supply
a service;
(b) “Licensing procedures” are administrative or procedural rules that a natural or
a juridical person, seeking authorization to supply a service, including the
amendment or renewal of a licence, must adhere to in order to demonstrate
compliance with licensing requirements;
(c) “Qualification requirements” are substantive requirements relating to the
competence of a natural person in relation to the supply of a service, and
which are required to be demonstrated for the purpose of obtaining
authorization to supply that service;
(d) “Qualification procedures” are administrative or procedural rules that a
natural person must adhere to in order to demonstrate compliance with
qualification requirements, for the purpose of obtaining authorization to
supply a service.
[EU/JP/KR/LI considering; CO oppose:
(e) “Technical standards” are measures that lay down the characteristics of a
service or the manner in which it is supplied. Technical standards also include
the procedures relating to the compliance with and enforcement of such
standards.]]
LIMITED
3
CO does not object to having a definition for the term “technical standards”, but
intends to propose another definition for the term.
[AU/CH/CL/CO/EU/HK/IS/MX/NO/NZ propose; US oppose:
General Provisions
4. Parties recognize the right to regulate, and to introduce new regulations, on
the supply of services within their territories in order to meet
[AU/CA/EU/IS/LI/MX/NO/TR/TW propose: public] [CH/HK/JP propose:
national] policy objectives. [TR propose: Nothing in these disciplines prevents
Members from exercising the right to introduce or maintain regulations in order to
ensure provision of universal service.]]
HK's support for "national" in Art 4 is subject to the adoption of the Marrakesh
Agreement explanatory note for the definition of country.
The group will discuss whether Art. 4 should be moved to the preamble of the
Agreement.
5. Each Party shall ensure that all measures of general application [CA propose:
within the scope of this Annex] affecting trade in services are administered in a
reasonable, objective and impartial manner.
The group considered moving Art. 5 to the core text of the Agreement, but several
participants requested time to reflect on this proposal. The group will also reflect on
whether Art. 5 should apply horizontally beyond sectors where specific commitments
are undertaken.
[CO/CH/CL/HK/KR/MX/NZ propose; US/CA oppose:
6. Each Party shall ensure that any licensing requirements and procedures,
qualification requirements and procedures, and technical standards it applies comply
with the criteria outlined in subparagraphs 4(a), (b) and (c) of GATS Article VI. In
determining whether a Party is in conformity with the obligation under this
paragraph, account shall be taken of international standards of relevant international
organizations1 applied by that Party.]
EU/JP prefer spelling out the exact criteria rather than making reference to GATS
Art. VI.

1The term “relevant international organisations” refers to international bodies whose membership is open to
all Members of the [US oppose: WTO] [US propose: TISA].
LIMITED
4
Development and Administration of Measures
[AU/CA/CH/CL/CO/EU/HK/IL/IS/JP/KR/LI/MX/NO/NZ/PE/TR/TW
propose:
7. Where a Party maintains measures [EU/IL/NO/US oppose: relating to
licensing requirements and procedures, qualification requirements and procedures,
and technical standards which require authorization for the supply of a service]
[CA/CR/EU/IL/NO/US propose: within the scope of this Annex], the Party shall
[CA/US propose; HK/NO oppose: ensure that its competent authorities:]]
[AU/CH/CL/CO/CR/EU/HK/IL/IS/JP/KR/LI/MX/NO/NZ/PE/TR/TW
propose; US oppose:
(a) ensure that such measures are based on objective and transparent criteria
and [CA oppose; IL considering: related to the objectives of the
measure at issue and to the service being regulated];]
[AU/CH/CL/CO/CR/EU/HK/IL/IS/KR/LI/MX/NO/NZ/PE/TR/TW
propose; CA/JP/US considering:
(b) ensure that the procedures used by, and the related decisions of, [CH
oppose: any] competent [CH oppose: authority] [CH propose:
authorities] are impartial with respect to all applicants. The competent
authority should reach its decisions in an independent manner;]
[CA/CH/CL/CO/EU/HK/IL/JP/MX/NO/NZ/PA/PE/TR/TW/US propose;
AU considering:
(c) provide for [CA/PA/US oppose: adequate] procedures to verify the
competence of [CA/CR/TW/US oppose; PE considering: service
suppliers] [AU/CA/CR/EU/JP/TW/US propose; CH/PA/TR
oppose: professionals] of any other Party;]
US propose: to apply paragraph c horizontally.
[AU/CH/CL/CO/CR/EU/HK/IL/IS/JP/KR/LI/MX/NO/NZ/PE/TR/TW
propose; PA/US oppose:
(d) to the extent practicable, avoid requiring an applicant to approach more
than one competent authority for each application;]
[AU/CH/CL/CO/EU/HK/IL/IS/JP/KR/LI/NO/NZ/TR propose:
(e) ensure that the processing of an application including reaching a final
decision, is completed within a reasonable timeframe from the submission
of a complete application] [CA/CR/MX/PE/US propose: within a
reasonable period of time after the submission of an application
LIMITED
5
considered complete under its law and regulation, inform the applicant of
the decision about the application;]
[CH/CL/CO/EU/HK/KR/LI/MX/NO/NZ/TR/TW propose; CR/PA/US
oppose:
(f) ensure that the procedures do not in themselves unduly impede fulfilment
of requirements;]
[AU/CA/CH/CL/CO/EU/HK/IL/KR/LI/MX/NO/NZ/PE/TR/TW/US
propose:
(g) ensure that the [CA/CL/EU/PE/US oppose: related]
[AU/CA/CO/CR/EU/JP/LI/TW/US propose; MX/PE considering:
authorization] fees2 charged by the competent authority are reasonable
[CO/CR/IL/JP/PA/PE/US oppose: and determined with regard to the
administrative costs involved, if applicable;] [PE propose:, cost-oriented,]
[AU/CA/CO/CR/IL/JP/PE/TW/US propose; EU considering:,
transparent and do not in themselves restrict the supply of the relevant
service;]
[AU/CH/CL/CO/CR/EU/HK/JP/KR/LI/MX/NO/NZ/TW propose; CA
considering:
(h) ensure that [EU/US oppose: a licence or] authorization, once granted,
enters into effect without undue delay in accordance with the terms and
conditions specified therein.] [TR propose; CO oppose: ensure that
once qualification requirements and licensing requirements have been
fulfilled and the licence or the authorization granted, a service supplier is
allowed to supply the service without undue delay in accordance with the
terms and conditions specified therein.]
[AU/CA/CH/CL/CO/EU/HK/IL/JP/KR/LI/MX/NO/NZ/PE/TR/TW/US
propose:
8. Where authorisation is required for the supply of a service, the competent
authorities of a Party shall:
(a) within a reasonable period of time after the submission of an application
considered complete under domestic laws and regulations, inform the
applicant [CR/JP/KR/IL/PE/TW propose: to the extent practicable]
in writing, including in electronic format, of the decision concerning the
application;]

2
[Authorization] [F] [f]ees do not include fees for the use of natural resources, payments for auction, tendering
or other non-discriminatory means of awarding concessions, or mandated contributions to universal service
provision.
LIMITED
6
[AU/CA/CH/CL/CO/CR/EU/HK/IL/IS/JP/KR/LI/MX/NO/NZ/PA/PE/PK/
TR/TW/US propose:
(b) at the request of the applicant, provide without undue delay information
concerning the status of the application;]
[AU/CA/CH/CL/CO/CR/EU/HK/IL/IS/JP/KR/LI/MX/NO/NZ/PE/TR/TW
/US propose:
(c) to the extent practicable, permit an applicant to submit an application at
any time;]
[AU/CA/CH/CL/CO/EU/HK/IL/IS/JP/KR/LI/MX/NO/NZ/PE/TR/TW/US
propose:
(d) allow a reasonable period for the submission of an application where
specific time periods for applications exist;]
[AU/CA/CH/CL/CO/EU/HK/IL/JP/KR/MX/NO/NZ/PE/TR/TW propose;
US considering:
(e) [US propose; AU/IL/NO/TR considering; CA/CH/EU/HK
oppose: to the extent practicable] initiate the processing of an
application without undue delay;]
[AU/CA/CH/CL/CO/EU/HK/IL/JP/KR/LI/MX/NO/NZ/PE/TR/TW/US
propose:
(f) [TR propose; AU/CA/CL/CO/EU/HK/IL/JP/NZ/PE/TW/US
oppose; CH/LI/MX/NO considering: to the extent practicable]
where examinations are required, schedule such examinations at
reasonably frequent intervals;] [IL/KR/US propose;
AU/CA/CO/EU/JP/LI/MX/NO/PE/TW considering: and provide a
reasonable period of time to enable interested persons to request to take
the examination;]
[AU/CA/CH/CL/CO/CR/EU/HK/IL/JP/KR/MX/NO/NZ/TR/US propose:
(g) [AU/CL/CO/EU/HK/IL/KR/MX/NO/NZ/US oppose; CH
considering: to the extent practicable] [US oppose: endeavour to]
[CR/US propose; EU oppose: where the authority deems appropriate]
accept applications in electronic format [IL/US oppose: under the
equivalent conditions of authenticity as paper submissions;] [CR/IL/US
propose: in compliance with legal requirements with respect to
authentication;]
AU/CA/CR/IL/JP would consider which flexibility language they would prefer
in the beginning of 8(g).
LIMITED
7
[AU/CA/CH/CL/CO/CR/EU/HK/IL/JP/KR/MX/NO/NZ/PE/TR/TW/US
propose:
(h) [EU/IL/JP/NO propose; CO/HK/MX/PE oppose; CH
considering: to the extent practicable] [AU/CA/CR/HK/KR/PE/TR/
TW/US propose; CH/CO oppose; CL/NZ considering: where the
authority deems appropriate,] accept [CA/EU/IL/JP/US oppose:
authenticated] copies [CA/CO/EU/IL/JP/TW/US propose; AU/PE
considering: of documents as authenticated in accordance with its
domestic law] in place of original documents [CA/IL/US oppose: to the
extent its domestic law permits];]
[AU/CH/CL/CO/EU/HK/JP/KR/MX/NO/NZ/TR/TW/US propose:
(i) [AU/EU/IL/JP/KR/US propose; HK/MX/NZ oppose; CH/CL/NO
considering: to the extent practicable] [TR propose: endeavour to
establish a normal] [US oppose: indicate the [IL/NO propose:
approximate]] [US propose; EU considering: establish an indicative]
timeframe for processing of an application as reference for the applicant;]
[CH/CL/CO/HK/NO/NZ/MX/TR propose:
(j) [AU/JP/KR/PE/TR/US/IL propose; HK/EU/MX/NZ oppose;
CH/CL considering: to the extent practicable] [PE/US oppose: in the
case of an incomplete application, [CO/EU/IL oppose: at the request of
the applicant,] identify the additional information that is required to
complete the application, and provide the opportunity for the applicant to
[PE oppose: remedy deficiencies] [CH propose: rectify formal
deficiencies] within a reasonable timeframe] [AU/CA/PE/US propose:
provide the applicant with the opportunity to correct minor errors and
omissions in the application and endeavour to provide guidance on the
additional information required];]
[CH/CL/CO/EU/HK/MX/NO/NZ/TR propose:
(k) [JP/KR/US propose; CH/CL/HK/MX/NO/NZ considering: to the
extent practicable] inform the applicant in writing [MX/TR propose:
and/or in electronic format] and without undue delay in case of rejection
of an application;]
[AU/CH/CL/CO/EU/HK/LI/MX/NO/NZ/TR/IL propose:
LIMITED
8
(k bis) [JP/KR/US propose; CH/CL/HK/IL/MX/NO/NZ considering:
to the extent practicable] upon request, provide reasons for rejection of the
application [TR oppose: and the established procedures, including
timeframe for appeal and resubmission of an application] [US propose: if
an application is rejected, inform the applicant of the reason for rejection,
either directly or on request as appropriate]; and]
[CH/CL/HK/JP/MX/NZ propose; CA/CO/CR/EU/IL/NO/PE/US/TR
oppose:
(l) [JP/KR/NZ/propose; MX oppose; CL/CH/HK considering: to the
extent practicable] provide opportunity for comment on relevant
regulations before they enter into force, to the extent as foreseen by their
relevant practices and procedures.]
The group may review 8(l) in the light of the development of other relevant
disciplines of TISA.
[AU/CH/CL/CO/EU/HK/KR/MX/NO/NZ/PE/TW propose:
9. Parties [PA/US oppose: are encouraged to ensure] [PA/US propose:
should encourage] [CA/EU/NO/PA/US oppose: maximum] transparency of
relevant processes relating to the development and application of domestic and
international standards [PA/US oppose; PE considering: by non-governmental
bodies].]
[AU/CA/CH/CL/CO/EU/HK/IS/JP/KR/LI/MX/NO/NZ/PE/TR/TW
propose:
Transparency
10. [US oppose: [CH propose: In the application of Article-TRANSPARENCY,]
Each Party shall ensure that all measures of general application relating to licensing
requirements and procedures, qualification requirements and procedures [CA/US
oppose: and technical standards] [CH propose: as well as detailed information
regarding these measures] are published promptly through printed or electronic
means.] [US oppose: The published information shall include, inter alia, the
following, where applicable] [CH propose; US considering: In the application of
Article - TRANSPARENCY, published measures of general application relating to
licensing requirements and procedures, qualification requirements and procedures
(or published materials explaining such measures) shall include the following
information, where it exists]:
LIMITED
9
(a) [US considering: requirements [US propose: and procedures
(including fees)] for authorization, including for application and [US
oppose: periodic] renewal of such authorization, and generally applicable
terms and conditions of such authorization;]
(b) [US considering: contact information of relevant competent authorities;]
(c) licensing requirements and procedures, including requirements, criteria
and procedures for application and renewal, and applicable fees;
(d) qualification requirements and procedures, including requirements,
criteria and procedures for application and renewal, procedures for
verification and assessment of qualifications, and applicable fees;
US propose to combine 10(c) and 10(d) and suggest examining the consistency
between Article 1 and the chapeau of Article 8.
(e) [CA/US oppose: technical standards;]
(f) [US considering: procedures relating to appeals or reviews of decisions
concerning applications;]
(g) [US considering: procedures for monitoring or enforcing compliance
with the terms and conditions of licences;]
(h) [US considering: how public involvement such as through hearings and
opportunity for comment, if made available, is provided for; and]
(i) [US considering: any established timeframe for processing of an
application.]
AU/EU stand ready to consider the horizontal application of Art. 10 to all sectors
irrespective of whether specific commitments have been made.
[AU/CH/CL/CO/EU/HK/IS/JP/KR/MX/NO/NZ/PA/PE/TW propose; US
oppose:
11. Each Party shall, to the extent practicable, publish the measures referred to in
paragraph 10 in advance of adoption.]
EU stands ready to consider the horizontal application of Art. 11 to all sectors
irrespective of whether specific commitments have been made.
LIMITED
10
Enquiries
12. Each Party shall maintain or establish appropriate mechanisms for responding
to enquiries from any service suppliers regarding any measures relating to licensing
requirements and procedures, qualification requirements and procedures, and
technical standards. [Such enquiries may be addressed through the enquiry and
contact points established under Article I-[transparency] of this Agreement or any
other mechanisms as appropriate.
This article will be reviewed subject to the development of the core text of the
Agreement, recognizing that TISA may have a general provision on contact points.
The group has agreed to move Article 13 on Review of Administrative Decisions to the
core text, hence the renumbering of the ensuing paragraph.
[AU/CA/CH/CL/CO/CR/EU/HK/IL/IS/JP/KR/LI/MX/NO/NZ/PA/PE/PK/
TR/TW/US propose:
Review of the Annex
13. If the results of the negotiations related to Article VI (4) of GATS enter into
force, the Parties shall jointly review such results. Where the joint review assesses
that the incorporation of such results into this Agreement would improve the
disciplines contained herein, the Parties shall jointly determine whether to
incorporate such results into this Agreement.]
Art.13 is without prejudice to the multilateralization of the disciplines in this Annex
(to be reviewed, recognizing that the provisions on multilateralization pathways for
TISA are yet to be discussed).
CH draw the Group’s the attention to some possible redactional improvements to
this article, to be made at an appropriate time.
LIMITED
11
US proposal circulated on 24 April 2014
TiSA - Annex on Domestic Regulation
Proposal by the United States
1. This Annex covers measures relating to licensing requirements and procedures,
and qualification requirements and procedures with which a service supplier is
required to comply in order to obtain, amend or renew authorization to supply a
service. Articles [X, XX, XXX] of this annex shall not apply to:
(a) Measures in sectors where a Party has not scheduled a commitment on
market access in accordance with Article II-1;
(b) Terms, limitations and conditions on market access, as defined in Article I-
3 of this Agreement, that are set out in a Party’s schedule in accordance with
Article II-1;
(c) Measures that a Party adopts or maintains with respect to sectors, subsectors,
or activities as set out in Section A of Part I of each Party’s Schedule in
accordance with Article II-2(4) of this Agreement;
(d) Conditions or qualifications on national treatment, as defined in Article I-4,
that are set out in a Party’s schedule in accordance with Article II-2(1) of this
Agreement.
2. Each Party shall ensure that all measures of general application within the
scope of this annex affecting trade in services are administered in a reasonable,
objective and impartial manner.
3. Where a Party maintains measures within the scope of this annex, the Party
shall ensure that its competent authorities:
(a) to the extent practicable, permit submission of an application at any time;
(b) where specific time periods for applications exist, allow a reasonable period
for the submission of an application;
(c) where they deem appropriate, accept applications in electronic format in
compliance with any legal requirements with respect to authentication;
(d) at the request of the applicant, provide, without undue delay, information
concerning the status of the application;
(e) to the extent practicable, provide the applicant with the opportunity to
correct minor errors and omissions in the application and endeavour to
provide guidance on the additional information required;
(f) to the extent practicable, establish an indicative timeframe for processing of
an application;
LIMITED
12
(g) where they deem appropriate, accept copies of documents that are
authenticated in accordance with its domestic law in place of original
documents;
(h) where examinations are required, schedule such examinations at
reasonable intervals and provide a reasonable period of time to enable
interested persons to request to take the examination;
(i) within a reasonable period of time after the submission of an application
considered complete under its law and regulation, inform the applicant of the
decision about the application; and
(j) if an application is rejected, to the extent practicable, inform the applicant
of the reason for rejection, either directly or on request as appropriate.
4. Each Party shall ensure that procedures exist to verify the competence of
professionals of any other Party.
5. Each Party shall ensure that any authorisation fee charged by the competent
authority is reasonable, transparent and does not in itself restrict the supply of the
relevant service.
6. If the results of the negotiations related to Article VI(4) of GATS enter into
force, the Parties shall jointly review such results. Where the joint review assesses
that the incorporation of such results into this Agreement would improve the
disciplines contained herein, the Parties shall jointly determine whether to
incorporate such results into this Agreement.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx4

Trade in Services Agreement (TiSA)
Annex on Electronic Commerce
WikiLeaks release: June 3, 2015
This is a secret draft of the Trade in Services Agreement (TiSA) Annex on Electronic Commerce, including
negotiating positions. TiSA is currently under negotiation between the United States, the European Union
and 23 other countries. The Agreement creates an international legal regime which aims to deregulate
and privatize the supply of services - which account for the majority of the economy across TiSA
countries. The draft Annex places restrictions on the regulation of electronic commercial services,
disallows requirements for local data storage and processing, and obliges states to allow private data
gathered in connection with the provision of e-commerce services to flow freely over borders.
Description
Keywords: TiSA, Trade in Services Agreement, WTO, GATS, G20, BCBS, IAIS,
IOSCO, FATF, OECD, United States, European Union, Australia,
Canada, Chile, Chinese Taipei (Taiwan), Colombia, Costa Rica, Hong
Kong, Iceland, Israel, Japan, Liechtenstein, Mauritius, Mexico, New
Zealand, Norway, Pakistan, Panama, Paraguay, Peru, South Korea,
Switzerland, Turkey, Uruguay, draft, bracketed text, negotiating
positions, privacy, electronic commerce
Restraint: This Document Contains TISA-U.S. CONFIDENTIAL Information -
LIMITED MODIFIED HANDLING AUTHORIZED*
Title: Trade in Services Agreement (TiSA) Annex on Electronic Commerce
Date: February 20, 2015
Group: Trade in Services Agreement
Author: Trade in Services Agreement country negotiators
Link: https://wikileaks.org/tisa/ecommerce/
Pages: 22
This Document Contains TISA– U.S. CONFIDENTIAL Information LIMITED
MODIFIED HANDLING AUTHORIZED*
Trade in Services Agreement (TiSA)
Annex on [Electronic Commerce]
Derived From: Classification Guidance
Dated September 16, 2013
Reason: 1.4(b)
Declassify on: Five years from entry
into force of the TISA
agreement.
* This document must be protected
from unauthorized disclosure, but may
be mailed or transmitted over
unclassified e-mail or fax, discussed
over unsecured phone lines, and stored on
unclassified computer systems. It must
be stored in a locked or secured building,
room, or container.
This Document Contains TISA– U.S. CONFIDENTIAL Information LIMITED
MODIFIED HANDLING AUTHORIZED*
1
Article 1: General Provisions
1. [CH propose; AU/CA/CL/EU/PE oppose: Parties confirm that those provisions are
without prejudice to their rights or obligations under bilateral or multilateral agreements, including
the WTO Agreement and the exceptions contained in the General Agreement on Trade in Services
(GATS).]
[AU/CL/CO/EU/JP/KR/NZ/NO/PE propose: This section shall apply to measures adopted or
maintained by a Party affecting trade in services by electronic means.]
2. [AU/CA/CL/EU/PE oppose: [JP propose: This [Chapter] is] [JP/KR/CH propose:
without prejudice to the policy objectives and legislation of] [JP propose: each Party] [KR/CH
propose: the Parties] [JP/KR/CH propose: in areas such as the protection of intellectual property]
[KR/CH propose:,] [JP propose: and] [JP/KR/CH propose: the protection of privacy] [CH
propose: and of the confidentiality of personal and commercial data, the protection of consumers
and [JP oppose: the protection and promotion of the diversity of cultural expressions (including
through public funding and assistance) and fiscal measures]] [JP/KR propose:, including that of
health information and of the confidentiality of personal and commercial data.]
[CO would like to clarify why health information is not included in personal and commercial data.]
3. [AU/EU/MX/PE oppose: [CO propose: This Chapter is] [JP propose: It is] [CO/JP
propose: not intended to] [CH/KR propose: Those provisions do not] [CO/JP/KR/CH propose:
apply to financial services.]]
This Document Contains TISA– U.S. CONFIDENTIAL Information LIMITED
MODIFIED HANDLING AUTHORIZED*
2
Article 2: [CA/PE/US propose: Movement of Information] [JP/MX/CH propose: CrossBorder
Information Flows]
[KR: Regarding the article on movement of information, Korea is of the view that any movement
of information arising from the actions of a service supplier must be based on “informed consent.”
Informed consent refers to the idea that individuals supplying their personal information to service
suppliers have full protection and recourse under the law in regards to the usage of their personal
information provided to service suppliers. This should be appropriately reflected in the language of
the article.
HK: The movement of information should be without prejudice to the domestic regime for the
protection of personal data and be based on informed consent.]
1. [CA/TW/CO/JP/MX/US propose: No Party may prevent a service supplier of another
Party [CO/JP propose: or consumers of those suppliers,] [CA/CO/JP/TW/US propose: from
transferring, [accessing, processing or storing] information, including personal information, within
or outside the Party’s territory, where such activity is carried out in connection with the conduct of
the service supplier’s business.]
2. [US propose: PLACEHOLDER for financial institutions.]
3. [CH propose; CO oppose: Parties should have measures to protect consumers engaging in
electronic commerce from fraudulent and deceptive commercial practices.]
4. [CH propose; CO oppose: Parties should enhance their enforcement capacity to ensure
that the applicable laws and regulations concerning the protection of data and privacy are complied
with.]
5. [CH propose; CO/US oppose: Parties should not prevent foreign suppliers of electronic
commerce or customers of such suppliers, from electronically transferring information internally or
across borders, accessing publicly available information, or accessing their own information stored
abroad.]
This Document Contains TISA– U.S. CONFIDENTIAL Information LIMITED
MODIFIED HANDLING AUTHORIZED*
3
Article 3: Online Consumer Protection
[CH prefers using “electronic commerce” rather than “on-line commercial activities.”]
1. [AU/CA/CL/TW/CO/EU/HK/IS/IL/JP/KR/LI/MX/NZ/NO/PA/PE propose: The Parties
recognise the importance of maintaining and adopting transparent and effective measures to protect
consumers from fraudulent and deceptive commercial activities] [CO/JP/MX propose:, as well as
measures conducive to the development of consumer confidence,] when they engage in electronic
commerce.]
2. [AU/CA/CL/TW/CO/EU/HK/IS/IL/JP/KR/LI/MX/NZ/NO/PA/PE propose: To this
end, each Party shall adopt or maintain consumer protection laws to proscribe fraudulent and
deceptive commercial activities that [may cause harm] [cause harm or potential harm] to
consumers engaged in [CO propose: electronic commerce] [AU/CL/JP/KR/NZ/PE propose:
online commercial activities.]
3. [CO propose: Under non-discriminatory terms and conditions, each Party shall grant
consumers engaged in electronic commerce with its own service suppliers, access to existing
consumer protection mechanisms provided by their respective national consumer protection
authorities.]
4. [AU/CL/CO/JP/MX/NZ/PE propose: The Parties] [AU/CL/JP/MX/NZ/PE propose:
recognise the importance of] [CO propose: shall endeavour to promote the] cooperation between
their respective national consumer protection agencies or other relevant bodies on activities related
to [AU/CL/NZ/PE propose: cross-border] electronic commerce in order to enhance consumer
[welfare] [MX propose: confidence].]
5. [CO/MX propose: The Parties shall, in accordance with its laws and regulations, allow
persons to mutually determine the appropriate methods for resolving disputes arising from their
electronic commerce transactions. Such methods may include, but are not limited to, online dispute
resolution mechanisms.]
This Document Contains TISA– U.S. CONFIDENTIAL Information LIMITED
MODIFIED HANDLING AUTHORIZED*
4
Article 4: Personal Information Protection
1. [AU/CA/CL/TW/CO/IL/KR/JP/MX/NZ/NO/PA/PE propose: The Parties recognise the
economic and social benefits of protecting the personal information of users of electronic
commerce and the contribution that this makes to enhancing consumer confidence in electronic
commerce.]
2. [AU/CA/CL/TW/CO/IL/KR/MX/NZ/NO/PA/PE propose: To this end, each Party shall
adopt or maintain a domestic legal framework that provides for the protection of the personal
information of the users of electronic commerce. In the development of these personal information
protection frameworks, each Party should take into account principles and guidelines of relevant
international bodies.]
[CA propose: Each Party shall ensure that its domestic legal framework for the protection of
personal information of users of electronic commerce is applied on a non-discriminatory basis.]
3. [AU/CA/CL/TW/CO/IL/JP/KR/MX/NZ/NO/PA/PE propose: Each Party should publish
information on the personal information protections it provides to users of electronic commerce,
including:
(a) how individuals can pursue remedies; and
(b) how business can comply with any legal requirements.]
This Document Contains TISA– U.S. CONFIDENTIAL Information LIMITED
MODIFIED HANDLING AUTHORIZED*
5
Article 5: Unsolicited Commercial Electronic [AU/CO/NZ propose: Messages] [EU propose;
NO considering: Communications]
1. [AU/CA/CL/CO/CR/EU/IL/KR/JP/MX/NZ/NO/PE propose: Each Party shall [TW/TR
propose: endeavour to] adopt or maintain measures regarding unsolicited commercial electronic
[messages] [EU propose: communications] that:]
(a) require suppliers of unsolicited commercial electronic messages to facilitate the
ability of recipients to stop such messages; or [EU/NO propose; AU oppose: and]
(b) require the consent, as specified according to the laws and regulations of each Party,
of recipients to receive commercial electronic messages; [EU/NO oppose: or
(c) otherwise provide for the minimization of unsolicited commercial electronic
messages.]]
2. [AU/CA/CL/CO/IL/KR/JP/NZ/NO/PE propose: Each Party shall [TW/TR propose:
endeavour to] provide recourse against suppliers of unsolicited commercial electronic messages
who do not comply with its measures implemented pursuant to paragraph 1.]
3. [AU/CA/CL/CO/CR/EU/IL/KR/JP/NZ/NO/PE propose: The Parties shall endeavour to
cooperate in cases of mutual concern regarding the regulation of unsolicited commercial electronic
messages.]
This Document Contains TISA– U.S. CONFIDENTIAL Information LIMITED
MODIFIED HANDLING AUTHORIZED*
6
Article 6: [JP propose; CO oppose: Transfer or Access to Source Code
1. No Party may require the transfer of, or access to, source code of software owned by a
person of another Party, as a condition of providing services related to such software in its
territory.
2. For purposes of this Article, software subject to paragraph 1 is limited to mass-market
software, and does not include software used for critical infrastructure.]
Article 7: [CO propose: Interoperability]
[CO propose: Each Party shall endeavor to promote the interoperability between their
governmental online procedures and services supplied by electronic means.]
Article 8: Open Networks, Network Access and Use
1. [AU/CA/CL/CO/IL/JP/NO/PE/US propose: Each Party recognizes that consumers in
its territory, subject to applicable laws, and regulations, should be able to:
(a) access and use services and applications of their choice available on the Internet,
subject to reasonable network management;
(b) connect their choice of devices to the Internet, provided that such devices do not
harm the network; and
(c) have access to information on network management practices of their Internet
access service suppliers.]
2. [KR oppose: [CO/CH propose: Parties, preferably through relevant regulators, should
promote the ability of consumers legitimately to access, share and distribute information as well
as running applications and using services of their choice.] [CO/JP propose: Each Party shall
endeavour not to] [TR propose: Without prejudice to the applicable legislation,] [CH propose:
Parties should not] [CO/JP/CH propose: restrict the ability] [JP propose: of service suppliers to
supply services] [CO/CH propose: to supply services] [CO/JP/CH propose: over the Internet]
[CH propose: including] [CO/JP/CH propose: on a cross-border and technologically neutral
basis, and] [JP propose: shall endeavour to] [CO/CH propose: should] [CO/JP/CH propose:
promote the interoperability of services and technologies, where appropriate.] [JP propose: Each
Party shall endeavour to ensure that internet access providers avoid unreasonable discrimination
in transmitting lawful network traffic.]]
This Document Contains TISA– U.S. CONFIDENTIAL Information LIMITED
MODIFIED HANDLING AUTHORIZED*
7
Article 9: [JP/CH/US propose: Local Infrastructure] [JP propose: and Local Presence] [KR
propose:1]
1. [CO/US propose: No Party may require a service supplier, as a condition for supplying a
service or investing in its territory, to:
(a) use computing facilities located in the Party’s territory;
(b) use computer processing or storage services supplied from within the Party’s
territory; or
(c) otherwise store or process data in its territory.]
[CO propose: However, nothing in paragraph 1 should prevent a Party from conditioning the
receipt or continue receipt of an advantage on compliance with the requirement to use, establish, or
expand computing facilities in its territory, including those needed for the processing or storage of
data.]
[KR: Regarding paragraph 1(local infrastructure), Korea has reservations in accepting the current
language, taking into account our telecommunications regulatory framework. Korea is open to
discussion on limiting or defining the scope of application of this provision.]
2. [US propose; KR/CO oppose: This article shall only apply to cross-border financial
service suppliers to the extent cross-border financial services are covered by a Party’s specific
commitments.]
[JP would like to clarify the meaning of paragraph 2.] [KR: Regarding paragraph 2, Korea
believes that this can be addressed in the Annex on Financial Services. Korea suggests the
deletion of this paragraph, and at the same time supports the Swiss/Japanese proposal to carve
out financial services from this Annex, as in the General Provisions Article III.X.]
3. [KR oppose: [JP propose: No Party shall] [CH propose: Parties should not] [JP/CH
propose: require] [JP propose: ICT service suppliers] [CH propose: suppliers of electronic
commerce] [JP/CH propose: to use] [CH propose: or establish any] [JP/CH propose: local
infrastructure as a condition for] [JP propose: supplying] [CH propose: the supply of] [JP/CH
propose: services.]]
4. [KR oppose: [JP propose: No Party shall require ICT service suppliers to establish a local
presence as a condition for the cross-border supply of services.]]
[JP would like to delete paragraph 4 of this article if local presence is to be set out in TiSA’s core
text.] [KR has reservations on the article of Local Presence (paragraph 4 of Article 9, which is
proposed by Japan).]
                                                          
1
[KR propose: Article 9 does not apply with respect to suppliers of public telecommunication networks or services.]
This Document Contains TISA– U.S. CONFIDENTIAL Information LIMITED
MODIFIED HANDLING AUTHORIZED*
8
5. [KR oppose: [JP propose: No Party shall,] [CH propose: in addition, Parties should not]
[JP/CH propose: give priority or preferential treatment to] [JP propose: its own suppliers of
services] [CH propose: national suppliers of electronic commerce] [JP/CH propose: in the use of
local infrastructure,] [JP propose: national] [CH propose: terrestrial] [JP/CH propose: spectrum]
[JP propose:,] [JP/CH propose: or orbital resources.]]
[CO would like to exclude matters related to government procurement from this provision.]
This Document Contains TISA– U.S. CONFIDENTIAL Information LIMITED
MODIFIED HANDLING AUTHORIZED*
9
Article 10: Electronic Authentication and Electronic Signatures
1. [AU/CA/TW/CO/EU/IS/KR/MX/NO/PA/PE/TR/US propose: Except where
otherwise provided for in its law, a Party shall not deny the legal validity of a signature
solely on the basis that the signature is in electronic form.]
[JP would like to clarify the meaning of “except where otherwise provided for in its laws” in
paragraph 1.]
2. [AU/CA/TW/CO/EU/IS/JP/KR/MX/PE/TR/US propose: No Party may adopt or
maintain measures for electronic authentication that would:
(a) prohibit parties to an electronic transaction from mutually determining the
appropriate authentication methods for that transaction; or
(b) prevent parties from having the opportunity to establish before judicial or
administrative authorities that their electronic transaction complies with any legal
requirements with respect to authentication.]
3. [AU/CA/TW/CO/EU/IS/JP/KR/MX/PE/TR/US propose: Notwithstanding paragraph 2, a
Party may require that, for a particular category of transactions, the method of authentication meet
certain performance standards or be certified by an authority accredited in accordance with the
Party’s law.]
Article 11: [AU/CO/EU/IS/NO/PE/CH/TW propose: Customs Duties on Electronic
Deliveries
1. [EU/NO propose: The Parties agree that a delivery transmitted by electronic means shall
not be subject to customs duties, [TW oppose: fees or charges].] [CO/CR/JP/PE propose: No
Party may impose customs duties, [TW oppose: fees or charges] on electronic transmissions.]
2. For greater clarity, paragraph 1 does not prevent a Party from imposing internal taxes or
other internal charges on [EU/NO propose: a delivery transmitted by electronic means]
[CO/MX/PE propose: electronic transmissions], provided that such taxes or charges are imposed
in a manner consistent with this Agreement.]
This Document Contains TISA– U.S. CONFIDENTIAL Information LIMITED
MODIFIED HANDLING AUTHORIZED*
10
Article 12: [JP/CH propose: International Cooperation]
1. [CO/JP/NO propose: Each Party shall endeavour to cooperate with the other Parties to
increase the level of digital literacy globally and reduce the “digital divide.”]
2. [CO/CH propose: Parties will [CO propose: to the extent possible] exchange information
in the area of electronic commerce and telecommunications Services. That may include
information on, inter alia:
(a) technological developments and research in the area of electronic commerce and
telecommunications services;
(b) commercial and technical aspects of the supply of electronic commerce and
telecommunications Services through all modes of supply;
(c) available possibilities for the exchange of electronic commerce and telecom-related
technology; and
(d) applicable laws and regulations, legislative processes and recent legislative
developments; applicable technical standards.]
3. [CO/NO/CH propose: Parties will exchange views on developments related to electronic
commerce and telecommunications Services at the international level.]
[CH propose: Promotion
4. Parties affirm their intention to:
(a) promote these provisions in order to contribute to the expansion and spread of
electronic commerce and telecommunications services;
(b) work together and cooperate in international fora to increase the level of digital
literacy and to reduce the global digital divide;
(c) cooperate with third countries with a view to enhancing national regulatory capacity
and to contribute to the spread of electronic commerce and telecommunications
Services, which are powerful tools for promoting economic development.]
This Document Contains TISA– U.S. CONFIDENTIAL Information LIMITED
MODIFIED HANDLING AUTHORIZED*
11
Article 13: [CH propose: Review
Parties intend to review these provisions from time to time, with a view to discussing their
implementation and use and to further refining and expanding them, as appropriate.]
Article 14
[US propose: Nothing in Section III (Electronic Commerce) shall be construed to prevent any
Party from taking any action which it considers necessary for the protection of its own essential
security interests.]
[CO/JP would like to clarify the meaning of “essential security interests” in paragraph 1 of this
article.] [KR: Korea would like to have greater discussion on what is meant by “essential security
interests” in this article.]
This Document Contains TISA– U.S. CONFIDENTIAL Information LIMITED
MODIFIED HANDLING AUTHORIZED*
12
Article 15: Definitions
[JP would like to know the reason “public telecommunications networks and services” is used
instead of “public telecommunications transport networks and services” used in GATS Annex.]
For purposes of this Annex:
[EU propose: associated facilities means those associated services, physical infrastructures and
other facilities or elements associated with an electronic communication network and/or service
which enable and/or support the provision of services via that network and/or service or have the
potential to do so, and include, inter alia, buildings or entries to buildings, building wiring,
antennae, towers and other supporting constructions, ducts, conduits, masts, manholes and
cabinets];
[AU/CO propose: authentication means the process or act of establishing the identity of a party
to an electronic communication or transaction or ensuring the integrity of an electronic
communication;]
[AU/CA/CO/PA/US propose: cost-oriented means based on cost, and may include a
reasonable profit, and may involve different cost methodologies for different facilities or
services;]
[CO propose: electronic commerce means any cross-borders business or commercial transaction
conducted by electronic means; including, among others, contracts for distribution services,
construction works, consulting services, engineering services and business services;]
[EU/TR: electronic signature means data in electronic form which are attached to or logically
associated with other electronic data and fulfils the following requirements:
(i) it is used by a person to agree on the electronic data to which it relates;
(ii) it is linked to the electronic data to which it relates in such a way that any subsequent
alteration in the data is detectable;]
[AU/CO/PA/TR/US propose: end-user means a final consumer of or subscriber to a public
telecommunications service, including a service supplier other than a supplier of public
telecommunications services;]
[AU propose; KR oppose: enterprise means any entity constituted or organized under applicable
law, whether or not for profit, and whether privately or governmentally owned or controlled,
including any corporation, trust, partnership, sole proprietorship, joint venture, association, or
similar organization and includes a branch of an enterprise;]
[AU/CA/CO/EU/PA/US propose: essential facilities means facilities of a public
telecommunications network or service that:
(a) are exclusively or predominantly provided by a single or limited number of suppliers; and
This Document Contains TISA– U.S. CONFIDENTIAL Information LIMITED
MODIFIED HANDLING AUTHORIZED*
13
(b) cannot feasibly be economically or technically substituted in order to supply a service;]
[AU/CA/CO/PA/TR/US propose: interconnection means linking with suppliers providing public
telecommunications [CA/TR propose: networks or] [AU/CA/CO/PA/TR/US propose: 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;]
[AU propose: international mobile roaming service means a commercial mobile service
provided pursuant to a commercial agreement between suppliers of public [EU propose:
terrestrial] telecommunications services that enables end-users to use their home mobile handset or
other device for voice, data or messaging services while outside the territory in which the enduser’s
home public telecommunications network is located;]
[CO/PA/TR propose: intra-corporate communications means telecommunications through
which a company communicates within the company or with or among its subsidiaries, branches
and, subject to a Party’s domestic laws and regulations, affiliates. For these purposes,
“subsidiaries”, “branches” and, where applicable, “affiliates” shall be as defined by each Party.
“Intra-corporate communications” in this Annex excludes commercial or non-commercial services
that are supplied to companies that are not related subsidiaries, branches or affiliates, or that are
offered to customers or potential customers;]
[CA/CO/PA/TR/US propose: leased circuits means telecommunications facilities between
two or more designated points that are set aside for the dedicated use of, or availability to, a
user] [US propose: and supplied by a supplier of fixed telecommunications services;] [CO
propose: to a particular consumer or other users of the customer’s choosing;]
[AU/TR/US propose: license means any authorization that a Party may require of a person,
in accordance with its laws and regulations, in order for such person to offer a
telecommunications service, including concessions, permits, [or] registrations [TR propose:
or notifications];]
[CO/JP would like to clarify the reason US would like to set out the definition “license”;]
[AU/PA/TR/US propose: major supplier means a supplier of public telecommunications
[CA/TR propose: networks or ] services that has the ability to materially affect the terms of
participation (having regard to price and supply) in the relevant market for public
telecommunications services as a result of:
(a) control over essential facilities; or
(b) use of its position in the market;]
[JP would like to know the reason PA/US use “public telecommunications service” instead of
“basic telecommunications service” used in GATS Annex;]
This Document Contains TISA– U.S. CONFIDENTIAL Information LIMITED
MODIFIED HANDLING AUTHORIZED*
14
[CO/PA propose: network [CO propose: element] means a facility or equipment used in
supplying a public telecommunications service, including features, functions, and capabilities
provided by means of such facility or equipment;]
[CO: It is Colombia’s understanding that a network implies a set of elements linked, not a single
element or equipment;]
[AU/CA/US propose: non-discriminatory means treatment no less favourable than that
accorded to any other user of like public telecommunications [CA propose: networks or]
services in like circumstances, including with respect to timeliness;]
[JP would like to clarify the reason “timeliness” is added to the definition in GATS Annex;]
[AU/CO/NZ propose: personal information means any information, including data, about an
identified or identifiable natural person;]
[Proponents will consult on this definition of personal information.]
[AU/CA/CO/PA/TR/US propose: public telecommunications network means
telecommunications infrastructure used to provide public telecommunications services]
[CA/PA/TR propose: which permits telecommunications between and among] [US propose:
between] [CA/PA/US propose: defined network termination points;]
[CA/CO/JP/PA/TR/US propose: public telecommunications service means any
telecommunications service that a Party requires, explicitly or in effect, to be offered to the
public generally. Such services may include, inter alia, telephone and data transmission] [JP
propose: including internet] [JP/PA/US propose: typically involving [CA propose: the realtime
transmission of] customer-supplied information between two or more defined points without
any end-to-end change in the form or content of the customer’s information] [CO/PA propose:
but does not include information services;]
[TW shares the same view as PA with respect to the exclusion information services;]
[JP/TW would like to clarify that “Internet” is included in the public telecommunications services
in the definition.] [CO: Would like further clarification on the scope of the terms “data
transmission” and “including internet”;]
[AU/CA/PA/TR/US propose: telecommunications means the transmission and reception of
signals by any electromagnetic [PA: and photonic] means [US propose: including by photonic
means];]
[EU propose: telecommunications network means telecommunications infrastructure,
including networks used for transmission of broadcasting signals, used to provide
telecommunications services;]
This Document Contains TISA– U.S. CONFIDENTIAL Information LIMITED
MODIFIED HANDLING AUTHORIZED*
15
[AU/CA/CO/PA/US propose: telecommunications regulatory body means a] [CO/PA propose:
national] body or bodies [CA propose: of a Party] responsible for the regulation of
telecommunications [PA propose: according to domestic legislation;]
[JP would like to clarify the meaning of “national” in PA’s bracket;]
[EU propose: telecommunication services means the transmission and reception of signals over
telecommunication networks by any electromagnetic means. Those services exclude services
providing, or exercising editorial control over, content transmitted using telecommunication
networks and services;2
]
[AU propose: unsolicited commercial electronic message means an electronic message which is
sent for commercial and marketing purposes to an electronic address without the consent of the
recipient or against the explicit rejection of the recipient, using an Internet access service supplier
and, to the extent provided for under the domestic laws and regulations of each Party, other
telecommunications service”;] and
[AU/CO/PA/US propose: user means a service consumer or a service supplier.]
                                                          
2 [EU propose: For greater certainty: services providing or exercising editorial control over content transmitted include
inter alia radio and television services as defined by CPC 9613.]
This Document Contains TISA– U.S. CONFIDENTIAL Information LIMITED
MODIFIED HANDLING AUTHORIZED*
16
New Provisions Applicable to All Services
[Inclusion in this working document of the following articles from the U.S. proposal for Part
III of the core TiSA text is intended to facilitate discussion and is without prejudice to the
final inclusion and arrangement of such articles in the core TiSA text or an annex.]
[AU/US propose; CH oppose: Article X.1: Local Presence
Subject to any [AU propose: terms,] conditions, limitations and qualifications set out in its
Schedule, no Party may require a service supplier of another Party, as a condition for the crossborder
supply [AU propose:3
] of a service in its territory, to establish or maintain a [AU/JP
propose: representative office or any form of] commercial presence, or to be resident [AU
propose: or domiciled] in its territory.]
[AU propose: Article X.2 Local Management and Boards of Directors
1. Subject to any terms, conditions, limitations and qualifications set out in its Schedule, no Party
may require:
(a) an entity supplying services through a commercial presence engage natural persons of any
particular nationality as senior managerial or other essential personnel; or
(b) more than a simple majority of the board of directors, or any committee thereof, of an entity
supplying services through a commercial presence be of a particular nationality, or resident
in the territory of the Party, or a combination thereof.]
                                                          
3
[AU propose: as described in Article I-1:2 (a), (b) and (d) (Mode 1, 2 and 4).]
This Document Contains TISA– U.S. CONFIDENTIAL Information LIMITED
MODIFIED HANDLING AUTHORIZED*
17
[US propose; CH oppose: Article X.3: Local Content
1. Subject to any [AU propose: terms,] conditions, limitations and qualifications set out in its
Schedule, no Party may, in connection with the supply of a service by a service supplier,
impose or enforce any requirement; enforce any commitment or undertaking; or, in connection
with the supply of a service through commercial presence, condition the receipt or continued
receipt of an advantage on compliance with any requirement:
(a) to purchase, use or accord a preference to:
(i) goods produced in its territory, or to purchase goods from persons in its territory;
(ii) electronically transmitted content4
based on the territory where it was created,
produced, published, contracted for or commissioned, or the nationality of the author,
performer, producer, developer, or owner;5
or
(iii) computing facilities6
located in its territory or computer processing or storage services
supplied from within its territory; or
(b) that a service supplier engaged in the marketing or distribution of goods or electronically
transmitted content purchase, use, or make available a specified percentage:
(i) of goods of domestic origin; or
(ii) of electronically transmitted content that meet the criteria set out in subparagraph (a)
(ii).
2. Paragraph 1 does not apply to qualification requirements for goods or services with respect to
export promotion and foreign aid programs, or to requirements imposed by an importing Party
relating to the content of goods necessary to qualify for preferential tariffs or preferential
quotas.
3. Nothing in paragraph 1 shall be construed to prevent a Party from conditioning the receipt or
continued receipt of an advantage, in connection with the supply of a service, on compliance
with a requirement to locate production, supply a service, train or employ workers, construct or
expand particular facilities, or carry out research and development, in its territory.]
                                                          
4
Electronically transmitted content means any content that is digitally encoded and produced for commercial sale or
distribution, including a computer program. For greater certainty, electronically transmitted content does not include
digitized representations of financial instruments, including money. This definition is without prejudice to whether
electronically transmitted content is a good.
5
For greater certainty, “territory” and “nationality” includes the territory and nationality of non-Parties.
6
“Computing Facilities” means computer servers and storage devices for the processing or storage of information. This
does not include facilities used for the supply of public telecommunications services.
This Document Contains TISA– U.S. CONFIDENTIAL Information LIMITED
MODIFIED HANDLING AUTHORIZED*
18
[US propose: Article X.4: Local Technology
1. Subject to any [AU propose: terms,] conditions, limitations and qualifications set out in its
Schedule, no Party may, in connection with the supply of a service, impose or enforce any
requirement or enforce any commitment or undertaking:
(a) to transfer a particular technology or other proprietary knowledge to a person in its
territory; or
(b) (i) to purchase, use, or accord a preference to, in its territory, technology of the Party or
of persons of the Party7
; or
(ii) that prevents the purchase or use of particular technology in its territory
so as to afford protection on the basis of nationality to its own services or services suppliers
or to technology of the Party or persons of the Party.
2. Paragraph 1 does not apply:
(a) when a Party authorizes use of an intellectual property right in accordance with Article 31
of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS
Agreement), or to measures requiring the disclosure of proprietary information that fall
within the scope of, and are consistent with, Article 39 of the TRIPS Agreement; or
(b) when the requirement is imposed or the commitment or undertaking is enforced by a court,
administrative tribunal, or competition authority to remedy a practice determined after
judicial or administrative process to be anticompetitive under the Party’s competition laws.]
                                                          
7 For purposes of this Article, the term “technology of the Party or of persons of the Party” includes technology that is
owned by the Party or persons of the Party, and technology for which the Party holds, or persons of the Party hold, an
exclusive license.
This Document Contains TISA– U.S. CONFIDENTIAL Information LIMITED
MODIFIED HANDLING AUTHORIZED*
19
[AU propose: Article X.5 Scheduling of Localisation commitments
1. The terms, conditions, limitations and qualifications referred to in Articles X.1-X.4 (Local
Presence, Local Management and Boards of Directors, Local Content and Local Technology)
shall be set out in Section B of Part I or Part II of each Party’s Schedule and shall be limited to
measures that a Party maintains on the date this Agreement takes effect, or the continuation or
prompt renewal of any such measures.
2. If a Party amends a measure referred to in paragraph 1 in a way that reduces or eliminates the
inconsistency of that measure with Articles X.1-X.4 as it existed immediately before the
amendment, a Party may not subsequently amend that measure in a way that increases the
inconsistency with Articles X.1-X.4.
3. Articles X.1-X.4 do not apply to any measure that a Party adopts or maintains with respect to
sectors, sub-sectors or activities as set out in Section A of Part I of each Party’s Schedule.]
This Document Contains TISA– U.S. CONFIDENTIAL Information LIMITED
MODIFIED HANDLING AUTHORIZED*
20
[US propose: Article X.6: Movement of Information
No Party may prevent a service supplier of another Party from transferring, accessing, processing
or storing information, including personal information, within or outside the Party’s territory,
where such activity is carried out in connection with the conduct of the service supplier’s
business.]
[US propose: Article X.7: Open Networks, Network Access and Use
Each Party recognizes that consumers in its territory, subject to applicable laws, and regulations,
should be able to:
(a) access and use services and applications of their choice available on the Internet, subject to
reasonable network management;
(b) connect their choice of devices to the Internet, provided that such devices do not harm the
network; and
(c) have access to information on network management practices of their Internet access
service suppliers.]
[US propose: Article X.8: Electronic Authentication and Electronic Signatures
1. Except where otherwise provided for in its law, a Party shall not deny the legal validity of a
signature solely on the basis that the signature is in electronic form.
2. No Party may adopt or maintain measures for electronic authentication that would:
(a) prohibit parties to an electronic transaction from mutually determining the
appropriate authentication methods for that transaction; or
(b) prevent parties from having the opportunity to establish before judicial or administrative
authorities that their electronic transaction complies with any legal requirements with
respect to authentication.
3. Notwithstanding paragraph 2, a Party may require that, for a particular category of transactions,
the method of authentication meet certain performance standards or be certified by an authority
accredited in accordance with the Party’s law.]
This Document Contains TISA– U.S. CONFIDENTIAL Information LIMITED
MODIFIED HANDLING AUTHORIZED*
21
[US propose: X.9: Exceptions
1. For greater certainty, Articles X.3 and X.4 do not apply to any obligation, commitment,
undertaking, or requirement other than those set out in those articles.
2. Articles X.3 and X.4 do not preclude enforcement of any commitment, undertaking, or
requirement between private parties, where a Party did not impose or require the commitment,
undertaking, or requirement.
3. Provided that such measures are not applied in an arbitrary or unjustifiable manner, and
provided that such measures do not constitute a disguised restriction on trade in services,
Articles X.3 and X.4 shall not be construed to prevent a Party from adopting or maintaining a
measure related to the conservation of living or non-living exhaustible natural resources.
4. Nothing in [Articles X.1 – X.8] shall be construed to prevent any Party from taking any action
which it considers necessary for the protection of its own essential security interests.]
[US propose: The applicability of Articles X.1, X.3, X.4 and X.6 to certain financial services is
under consideration.]
[US propose: This proposal presumes that government procurement is not within the scope of
TiSA.]

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx5

Trade in Services Agreement (TiSA)
Annex on International Maritime Transport Services
(February 2015)
WikiLeaks release: June 3, 2015
This is the secret February 2015 draft of the Trade in Services Agreement (TiSA) Annex on International
Maritime Transport Services, including negotiating positions. TiSA is currently under negotiation between
the United States, the European Union and 23 other countries. The Agreement creates an international
legal regime which aims to deregulate and privatize the supply of services - which account for the majority
of the economy across TiSA countries.
The draft Annex concentrates on the privatization of maritime transport services in TiSA countries,
opening up the maritime services industries to transnational companies and contractors. Affected services
would include cargo and passenger transport, cargo handling, storage, warehousing and loading
services.
This text dates from the 11th round of TiSA negotiations held from 9-13 February 2015 in Geneva,
Switzerland.
Description
Keywords: TiSA, Trade in Services Agreement, WTO, GATS, G20, BCBS, IAIS,
IOSCO, FATF, OECD, United States, European Union, Australia,
Canada, Chile, Chinese Taipei (Taiwan), Colombia, Costa Rica, Hong
Kong, Iceland, Israel, Japan, Liechtenstein, Mauritius, Mexico, New
Zealand, Norway, Pakistan, Panama, Paraguay, Peru, South Korea,
Switzerland, Turkey, Uruguay, draft, bracketed text, negotiating
positions, shipping, ports, stevedore, terminal operator, cargo, storage
and warehousing, customs, container, depot, maritime, transport, travel,
freight, pilotage, towing, tug
Restraint: Limited distribution – for TiSA participants only
Title: Trade in Services Agreement (TiSA) International Maritime Transport
Services
Date: February 10, 2015
Group: Trade in Services Agreement
Author: Trade in Services Agreement country negotiators
Link: https://wikileaks.org/tisa/maritime/
Pages: 9
Limited distribution – for TISA participants only
Revised Negotiating text as of 100215
1
Annex1
on
International Maritime Transport Services [and other Maritime Services] [CA/IS/PA 2
]
[AU/NO/PA propose: ARTICLE 1. Scope and] Definitions
[AU/EU/IS/NO/PA/PE propose: This Annex applies to measures by the Parties [CH
propose: affecting] [CA/PE propose: relating to] trade in maritime transport services] [CH
propose; AU oppose: as set out in each Party's Schedule and subject to any conditions,
limitations or qualifications inscribed therein]. For the purpose of this Annex:
(a) “international maritime transport services 3 ” means maritime transport of
[CA/CO/IL/MX/TR/PE propose: cargo] [AU/EU/MX/JP propose; PE oppose:
freight] [MX/TR/PA/JP/PE propose; CA/CL/NZ/CO oppose; AU considering:
and/] or passengers between a port of a Party and a port of another Party or a nonParty
[CA/KR propose; CO/JP/MX/NO/NZ/IS/TR/TW/PE/IL oppose; CL
considering: including multimodal transport operations];
(b) “maritime auxiliary services” means the following services:
(i) “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 organized
independently of the stevedoring or terminal operator companies. The
activities covered include the organisation and supervision of:
1. the loading/discharging of cargo to/from a ship;
2. the lashing/unlashing of cargo;
3. the reception/delivery and safekeeping of cargoes before
shipment or after discharge;
(ii) “storage and warehousing services” means storage services of frozen or
refrigerated goods, bulk storage services of liquids or gases, and
storage and warehousing services of other goods, including: cotton,
grain, wool, tobacco, other farm products, and other household goods;
(iii) “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;

1 For purposes of this draft, we refer to the maritime transport services text as an "annex". As the architecture of
the TISA takes shape, it is possible that it could be a "chapter" or "section".
2
[CA propose: Nothing in this Annex shall be interpreted to apply to fishing vessels as defined under a Party's
domestic law, nor does it apply to vessels or international maritime transport services suppliers that are subject to
the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated
Fishing.]
3
[CO/CL/JP/KR/MX/TR/TW/NZ propose; IS considering: For greater certainty, international maritime
transport services shall not include cabotage in maritime transport services.]
Limited distribution – for TISA participants only
Revised Negotiating text as of 100215
2
(iv) “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;
(v) “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:
1. 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;
2. acting on behalf of the companies in organising the call of the
ship or taking over cargoes when required;
(vi) “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;
(c) [KR/TW oppose:] [NO propose: “pre- and onward [road] [EU/TR propose: inland]
transport services” means the transportation by road [EU/TR propose; HK oppose:
rail or inland waterways] of international cargo, including containerised cargo, en
route to a destination, or from a place of shipment, outside the territory of that Party,
involving an international sea-leg;]
(d) [AU/CO/JP/KR/NO/TR/PA/EU propose: “multi-modal transport [operations]”
means the carriage of goods by at least two different modes of transport, involving an
international sea-leg, on the basis of a single transport document4
;]
(e) [AU/CO/JP/KR/NO/TR/PA/EU propose: “multi-modal transport operator” means
the person on whose behalf the bill of lading/multi-modal transport document, or any
other document evidencing a contract of multi-modal carriage of goods, is issued and
who is responsible for the carriage of goods pursuant to the contract of carriage;]
(f) [EU/NO propose; KR/PE oppose; PA considering: “feeder services [JP propose;
PE considering: 5
]” means the pre - and onward transportation by sea, between ports
located in a Party [CA propose; EU oppose: and in the case of the European Union,
between ports in a Member State], of international cargo, including containerised
cargo, en route to a destination, or from a port of shipment, outside the territory of that
Party;]

4
For the purpose of this definition, single transport document shall refer to a document that permits customers to
conclude a single contract with a shipping company from a point of loading in one country to a point of delivery
in another country.
5
[JP propose: Feeder services shall not include the transportation of passengers or goods considered as
“cabotage” under the relevant laws and regulations of that Party as it existed at the date of entry into force of the
Agreement.]
Limited distribution – for TISA participants only
Revised Negotiating text as of 100215
3
(g) [AU/NO propose; KR/TW/PE oppose: “maritime offshore services [JP propose;
PE considering:6
]” means;
(i) maritime transport of goods or passengers between any port and any location
associated with or incidental to exploration and exploitation of natural
resources7
situated offshore, or between any such locations, and;
(ii) maritime domestic pushing and towing services, including anchor handling,
associated with or incidental to exploration and exploitation of natural
resources8
.]
[CA/CO/JP/KR/TW propose; PA oppose: (h ) “ international maritime transport service
supplier” means:
(i) any juridical person of a Party, as defined in Article I.02 - Definitions and a
branch of any such entity [CO propose: that is engaged in the supply of
international maritime transport services]; or
(ii) any juridical person of a non-Party owned or controlled by nationals of a Party,
if their vessels are registered in accordance with the legislation of that Party
and flying the flag of that Party; or
(iii) for purposes of this Annex, a branch of a juridical person of a non-Party with
substantive business operations in the territory of a Party, that is engaged in the
supply of international maritime transport services.]
[AU/CA/NO/PA/EU/MX/HK/JP/TW/KR propose: (i) [ “Port Services” ] [services at the
port] mean pilotage; towing and the tug assistance; provisioning, fuelling and watering;
garbage collecting and ballast waste disposal; port captain's services; navigation aids; shorebased
operational services essential to ship operations including communications, water and
electrical supplies; emergency repair facilities; anchorage, berth and berthing services.]
[US oppose:] ARTICLE 2. Cross-border supply
1. [EU/IS/NO propose: Each Party shall undertake commitments without limitations to
permit cross-border supply, as described in Article I-1, 2 (a) and (b), of international maritime
transport services, except agency requirements in relation to liner shipping.]
[AU/CO/PA propose: 1. Each Party shall undertake commitments to permit cross-border
supply, as described in Article I-1, 2(a) and (b), of international maritime transport services.
Any terms, limitations and conditions on such commitments set out in each Party ’s schedule
in accordance with Article II-1 (Schedule of Market Access Commitment) shall be limited to
measures that a Party maintains on the date this Agreement takes effect, or the continuation or
prompt renewal of any such measures.]

6
[JP propose: Maritime offshore services shall not include the transportation of passengers or goods considered
as “cabotage” under the relevant laws and regulations of that Party as it existed at the date of entry into force of
the Agreement.]
7 Except living organisms [CO propose: and gathering water for cooling purposes].
8 Except living organisms [CO propose: and gathering water for cooling purposes].
Limited distribution – for TISA participants only
Revised Negotiating text as of 100215
4
2. [AU/CO/IS/NO propose: Each Party shall undertake commitments without limitations
to permit cross-border supply of the following maritime auxiliary services 9
: maritime agency
services, freight forwarding services [AU oppose:, and part of 10 maritime cargo handling
services.]]
3. [EU/IS/NO propose; AU considering: Subject to any terms, limitations, conditions,
and qualifications set out in its Schedule, each Party shall permit cross-border supply of
feeder services and maritime offshore services.]
[CA/KR propose; AU/NO oppose: Subject to a Party’s schedule of specific commitments, a
Party shall not adopt or maintain market access or national treatment limitations on the crossborder
supply of maritime transport services.]]
ARTICLE 3. Flagged vessels and recognition of vessel certificates
[IL/US oppose; CO/IS/JP/KR/MX/NO/NZ/TR/TW/PA propose: A Party shall not adopt or
maintain any measure that would restrict access of ships engaged in international maritime
transport [NZ propose: services] and flying the flag of a Party, or international maritime
transport services and service suppliers of a Party, to international maritime [IS propose:
transport] markets and trades on a commercial and non-discriminatory basis.
In determining the nationality of a vessel, each Party shall recognise the nationality of vessels
of another Party on the basis of the certificate of registry duly issued by the competent
authority of that other Party in compliance with that other Party’s relevant laws and
regulations.]
ARTICLE 4. Cargo-sharing arrangements
[AU/CA/CO/EU/IS/JP/NO/KR/PA propose; CL/NZ/TR/TW considering: A Party shall
not adopt or maintain cargo-sharing arrangements in any agreement concerning international
maritime transport services. Any such arrangements in any agreement in force or signed prior
to the date of entry into force of this Agreement shall be terminated upon the entry into force
of this Agreement.]
US/CL/TR consider reflecting linkages to core text on NT and MFN provisions.
ARTICLE 5. Repositioning of [CA/IL/KR /NZ/PA propose: empty containers]
[EU/IS/NO/TW propose: transport equipment]
[AU/CO/JP/KR/TR/PA propose: Subject to any terms, limitations, conditions and
qualifications set out in its schedule, each Party shall permit international maritime transport
service suppliers] [NO/IS propose: International maritime transport service suppliers of one

9 For other maritime auxiliary services, commitments only to the extent that these are deemed technically
feasible by each individual Party.
10 Transshipment (board to board or via the quay) and/or the use of on-board cargo handling equipment.
Limited distribution – for TISA participants only
Revised Negotiating text as of 100215
5
Party are permitted [AU/TR oppose; EU/NZ propose: - to the extent indicated in the
schedule of commitments - ] to reposition owned/leased [AU/EU/NO/IS/TW propose:
transport equipment, such as] [CA/MX/IL/KR/NZ/PA propose: empty] containers, [CO
oppose: not being carried as cargo against payment,] between ports [AU/PA propose: located
in the Party.] [AU oppose: of any other Party.]
[US oppose] ARTICLE 6. Commercial presence
1. [AU/CO/EU/IS/NO/PA propose: Each Party shall undertake commitments without
limitations to permit supply of international maritime transport services through commercial
presence, except in relation to the establishment of a registered company for the purpose of
operating a fleet under the national flag of the State of establishment.]
2. [AU/NO propose: Each Party shall undertake commitments without limitations to
permit supply of maritime auxiliary services through commercial presence11
.]
3. [EU/CO/IS/NO propose; AU/PA considering: Subject to any terms, limitations,
conditions and qualifications set out in its Schedule, each Party shall permit supply through
commercial presence of feeder services [CO considering: and of maritime offshore
services.]]
4. [CO/NO propose: Subject to any terms, limitations, conditions and qualifications set
out in its Schedule, each Party shall permit supply through commercial presence of pre- and
onward road transport services.]
[CA/KR propose; AU/NO oppose:
(a) Subject to a Party’s schedule of specific commitments, a Party shall not adopt or
maintain market access or national treatment limitations on commercial presence for
the supply of international maritime transport services.]
5. Limitations on commercial presence for the supply of maritime transport services means
any measure that would limit the ability for maritime transport service suppliers of another
Party to undertake locally all activities that 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.]
ARTICLE 7. [CA12]Access to ports
[CO/TR propose; CL oppose: A Party shall not adopt or maintain any measure that would
deny international maritime transport services or service suppliers of any other Party, the
treatment accorded by that Party to its own like services or services suppliers or those of any

11This [paragraph] shall not be construed as limiting in any manner the ability of a Party to impose public utility
concessions or licensing procedures in case of occupation of the public domain for maritime auxiliary services.
12 [EU/AU/IS/TR oppose; CA/IL/NZ propose: Article 8 does not oblige a Party to require private sector
terminal operators and providers of maritime auxiliary services to accord access to and use of their services on
non-discriminatory terms and conditions.]
Limited distribution – for TISA participants only
Revised Negotiating text as of 100215
6
other country with regard to access to ports and the use of infrastructure and services of
ports.]
ARTICLE 8. [CA13]Access to services at the port
[TR propose: Each Party shall make the following services at the port available to
international maritime transport services suppliers on reasonable and non-discriminatory
terms and conditions:]
[CA/MX/NZ/PA propose: A Party shall not adopt or maintain any measure that would deny
the following services at the port to international maritime transport suppliers on reasonable
and non-discriminatory terms and conditions:]
(i) Pilotage;
(ii) Towing and the tug assistance;
(iii) Provisioning, fuelling and watering;
(iv) Garbage collecting and ballast waste disposal;
(v) Port Captain's services;
(vi) Navigation aids;
(vii) Shore-based operational services essential to ship operations including
communications, water and electrical supplies;
(viii) Emergency repair facilities;
(ix) Anchorage, berth and berthing services.
ARTICLE 9. [CA14]Access to maritime auxiliary services
[TR propose: A Party shall not adopt or maintain any measure that would deny international
maritime transport services or service suppliers of another Party, the treatment accorded by
that Party to its own like services or services suppliers or those of any other country with
regard to access to maritime auxiliary services and [US oppose: related services.15]
ARTICLE 10. Access to multimodal transport services
(a) [TR propose: Each Party shall allow multimodal transport operators access to, and use of,
road, rail or inland waterways transport services and related auxiliary services on
reasonable and non-discriminatory terms and conditions for the purpose of carrying out
multimodal transport operations.
(b) For the purpose of paragraph (a), reasonable and non-discriminatory terms and conditions
includes the ability of the multimodal transport operator to arrange for the conveyance of

13 [CA: Ibid]
14 [CA: Ibid]
15 For the purpose of this Annex, [US oppose: related services] are [MX/CO/AU oppose: storage and
warehousing,] rental of vessels with crew (CPC 7213), maintenance and repair of vessels (part of CPC 8868) and
pushing and towing services (CPC 7214). CPC numbers refer to the UN Provisional Central Product
Classification (Statistical Papers Series M No 77, Statistical Office of the United Nations, New York, 1991).
Limited distribution – for TISA participants only
Revised Negotiating text as of 100215
7
its merchandise on a timely basis, including priority over other merchandise which has
entered the port at a later date.]
[AU/CA/CO/NO/PA/IS propose: JP/KR considering: (as an alternative to Art 7-11):
ARTICLE [7]: Access to and Use of Ports, [Port Services] [TW/MX/AU/CA/IS/EU propose:
PA considering Services at the Port], Maritime Auxiliary Services and Multimodal
Transport Operations
1. [TW/MX/AU/CA/CO/PA/IS/EU/CH/NZ/HK propose: JP/KR/PE considering: A
Party shall not adopt or maintain any measure that would deny [CH oppose: international
maritime transport] services or service suppliers of any other Party the treatment accorded
by that Party to its own like services or services suppliers or those of any other country
with regard to:
- access to ports,
- use of infrastructure and [port services] [TW/MX/AU/CA/IS/EU propose: PA
considering: services at the port], as well as
- access to and use of [AU/TW/MX considering: maritime auxiliary services and
related services16].
2. [CA/NO/TW/MX/IS propose: EU considering: Where a Party has undertaken
commitments on feeder services or maritime offshore services, paragraph 1 of this Article
shall apply equally to those services and service suppliers.]
3. [AU/CA/CO/PA/NO/EU/HK/IS propose; JP/KR/MX considering: A Party shall not
adopt or maintain any measure that would deny multimodal transport operators access to,
and use of, road, rail or inland waterways transport services and related auxiliary services
on [AU/EU/MX propose: reasonable and] non-discriminatory terms and conditions for
the purpose of carrying out multimodal transport operations, including the ability of the
multimodal transport operator to arrange for the conveyance of its cargo on a timely basis,
including priority over other cargo which has entered the port at a later date.]
ARTICLE 11. Access to ports etc. for other services or services suppliers
[EU propose; KR oppose: To the extent a Party has undertaken commitments on feeder
services or maritime offshore services, that Party shall not adopt or maintain any measure that
would deny such services or service suppliers of any other Party, the treatment accorded by
that Party to its own like services or services suppliers or those of any other country with
regard to access to ports, access to services at the port, access to maritime auxiliary services
and related services or access to multimodal transport services, as referred to in [NO oppose:
Articles 7, 8, 9 or 10, respectively.]] [NO propose: Article 7]

16 For the purpose of this Annex, [US oppose: related services] are [MX/CO/AU oppose: storage and
warehousing,] rental of vessels with crew (CPC 7213), maintenance and repair of vessels (part of CPC 8868) and
pushing and towing services (CPC 7214). CPC numbers refer to the UN Provisional Central Product
Classification (Statistical Papers Series M No 77, Statistical Office of the United Nations, New York, 1991).
Limited distribution – for TISA participants only
Revised Negotiating text as of 100215
8
ARTICLE 12. Domestic regulation
[AU/CO/JP/KR/NO/NZ/TR/PA propose; CA oppose: A Party shall not adopt or maintain
technical standards that are not based on objective and transparent criteria, such as
competence and the ability to supply the service, and shall ensure that any technical standards
do not constitute arbitrary or unjustifiable discrimination or a disguised restriction on trade in
services. In determining whether a Party is in conformity with this Article, account shall be
taken of international standards applied by that Party, such as international standards adopted
by the International Maritime Organisation and the International Labour Organisation. In
cases where Parties apply measures that deviate from the above mentioned international
standards, their standards shall be based on non-discriminatory, objective and transparent
criteria.]
This article should be considered in the context of horizontal DR disciplines that may be
negotiated.
[US oppose] ARTICLE 13. Port fees and charges
[AU/CA/CO/IS/JP/KR/MX/NO/NZ/TR/TW/HK/PA propose; IL considering: (a) Each
Party shall recognise the International Tonnage Certificate (1969) duly issued in accordance
with Article 7 or 8 of the International Convention on Tonnage Measurement of Ships, 1969
to the vessel registered by another Party. [PE oppose: Tonnage based port charges and
expenses shall be collected on the basis of tonnage as stated in the International Tonnage
Certificate (1969) or, in case of a vessel not subject to the 1969 Convention, the Certificate of
Registry.]]
[IL/PA/MX propose; TR oppose: (b) A Party may carry out inspection measurement of
ships if there is any doubt of noncompliance between the data in tonnage certificate and the
actual ship ’s data. In this case, the inspection shall be made only in compliance with the
International Tonnage Convention.]
[TR/TW propose; CA/AU/US oppose:] ARTICLE 14. Identity documents, entry and transit
of seafarers
1. For the facilitation of international maritime transport, each Party shall recognize the
valid identification documents of seafarers/crew duly issued or endorsed by the competent
authorities of another Party.
2. Subject to immigration laws of a Party, a crew member on a vessel of another Party
holding valid identity documents as described in paragraph 1 shall:
(a) be admitted to the territory of that Party for temporary shore leave
[TR propose: without visa during the stay of the ship in the port of
Contracting Parties] provided that the list of crew members is delivered to the
passport control or the immigration authorities;
Limited distribution – for TISA participants only
Revised Negotiating text as of 100215
9
(b) be permitted to leave the territory of that Party upon termination of his
engagement on a vessel as a crew member where this takes place in a port of
that Party;
(c) be admitted to the territory of that Party for the purpose of joining a vessel as a
crew member, provided he is in possession of a declaration from the shipping
company or its agent stating that he is to join a specific vessel at a port of that
Party.
3. A Party cannot take discriminatory measures against the crewmembers of another Party
during their stay in its ports and territory.
4. If a crew member of a Party requires medical observation or treatment of an illness
during the stay of the vessel in a port of another Party, the competent authorities of the latter
shall give permission for the said person to stay in its territory for a period [not exceeding [...]
months] [TR propose: until the medical condition of the person is fit for travel]. That other
Party shall give medical aid in accordance with national legislation.
5. The provisions of this Article shall not prevent a Party from applying measures to
regulate the entry of natural persons into, or their temporary stay in, its territory, including
those measures necessary to protect the integrity of, and to ensure the orderly movement of
natural persons across, its borders, provided that such measures are not applied in such a
manner as to nullify or impair the benefits accruing to any Party under the terms of a specific
commitment17
.]
ARTICLE 15. Exceptions
[AU/EU/JP/NO propose; CH oppose: Nothing in this Annex shall apply to any measure that
a Party adopts or maintains with respect to sectors, subsectors, or activities as set out in
Section A of Part I of each Party’s Schedule [policy space reservations].]
[CA propose; AU oppose: Each Party may restrict the list of maritime transport services to
which their commitments extend under this Annex by way of a limitation scheduled
according to Article II-2 paragraph 4. All maritime sectors, subsectors and activities that a
Party commits are further subject to a Party’s limitations and conditions scheduled in Section
B parts I and II of a Party’s schedule of specific commitments.]
KR: Move exceptions article to end of Article 1 as last paragraph

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx6

Trade in Services Agreement (TiSA)
Annex on Movement of Natural Persons
(February 2015)
WikiLeaks release: June 3, 2015
This is the secret February 2015 draft of the Trade in Services Agreement (TiSA) Annex on Movement of
Natural Persons, including negotiating positions.
TiSA is currently under negotiation between the United States, the European Union and 23 other
countries. The Agreement creates an international legal regime which aims to deregulate and privatize the
supply of services - which account for the majority of the economy across TiSA countries.
The draft Annex aims to harmonize limitations on the ability of national governments to restrict the
ingress, movement or egress within their territory of employees, contractors or agents of services
companies.
This text dates from the 11th round of TiSA negotiations held 9-13 February 2015 in Geneva, Switzerland.
Description
Keywords: TiSA, Trade in Services Agreement, WTO, GATS, G20, BCBS, IAIS,
IOSCO, FATF, OECD, United States, European Union, Australia,
Canada, Chile, Chinese Taipei (Taiwan), Colombia, Costa Rica, Hong
Kong, Iceland, Israel, Japan, Liechtenstein, Mauritius, Mexico, New
Zealand, Norway, Pakistan, Panama, Paraguay, Peru, South Korea,
Switzerland, Turkey, Uruguay, draft, bracketed text, negotiating
positions, travel, natural persons, movement, immigration, borders
Restraint: -FOR OFFICIAL USE ONLY- LIMITED - Without prejudice
Title: Trade in Services Agreement (TiSA) Annex on Movement of Natural
Persons
Date: February 13, 2015
Group: Trade in Services Agreement
Author: Trade in Services Agreement country negotiators
Link: https://wikileaks.org/tisa/natural-persons/
Pages: 10
-FOR OFFICIAL USE ONLY- LIMITED
TISA/DEC.2014/negotiating text/MNP
as of 13 February, 2015
Without Prejudice
1
ANNEX ON MOVEMENT OF NATURAL PERSONS
AU/CO/CR/EU/HK/IS/JP/LI/KR/MX/NZ/PA/TW oppose the use of term "work".
Article 1. [CA/EU/IS/NO propose: Scope] [CH/TR propose: Scope and General
Provisions]
1. This Annex applies to measures affecting natural persons who are service suppliers of
a Party, and natural persons of a Party who are employed by a service supplier of a Party,
in respect of the supply of a service], [CA/CR/EU/NO/PA propose; AU/JP/TR oppose:
as set out in each Party’s schedule of specific commitments].
2. The Agreement shall not apply to measures affecting natural persons seeking access to
the employment market of a Party, nor shall it apply to measures regarding citizenship,
residence or employment on a permanent basis.
[AU/CA/CH/CL/CO/CR/HK/LI/JP/KR/TR/MX/NZ/PA propose: 3.] [EU/PE/NO/
oppose; IS considering: In accordance with [Parts III and IV] of the Agreement, Parties
may negotiate specific commitments applying to the movement of all categories of
natural persons supplying services under the Agreement.] Natural persons covered by a
specific commitment shall be allowed to supply the service in accordance with the terms
of that commitment.]
CA/NO/US: to be read/decided upon/with Article 4.1
4. The Agreement shall not prevent a Party from applying measures to regulate the entry
of natural persons into, or their temporary stay in, its territory, including those measures
necessary to protect the integrity of, and to ensure the orderly movement of natural
persons across, its borders, provided that such measures are not applied in such a manner
as to nullify or impair the benefits accruing to any Party under [PE propose: this
Agreement] [PE oppose: the terms of a specific commitment1
.]

1
The sole fact of requiring a visa for natural persons of certain Parties and not for those of others
shall not be regarded as nullifying or impairing benefits under a specific commitment.
-FOR OFFICIAL USE ONLY- LIMITED
TISA/DEC.2014/negotiating text/MNP
as of 13 February, 2015
Without Prejudice
2
[TR propose: Article 2. General Obligations
AU/EU/CA/CH/CL/CO/CR/KR/LI/MX/NO/NZ/TW/US/IL: Do we need this para at
all?
The Parties have agreed to [EU/HK/IS/JP oppose: the principles and procedures]
[EU/HK/IS/JP/NO propose: this Annex] to ensure that all measures [AU/CA/EU/PE
oppose: relating to] [AU/CA/EU/IS/NO propose: affecting] related to or concerning the
entry and temporary stay [AU/CR/EU/HK/IL/IS/KR/LI/JP/MX/TW oppose: and
work] [EU/HK oppose: of service providers] [EU/HK/IS/NO propose: for the purpose
of supplying services] [EU/CA/IS oppose: are administered in a reasonable, objective
and impartial manner] and [AU oppose: that such measures] are not applied in a manner
[EU oppose: which would constitute a means of arbitrary or unjustifiable discrimination
[AU/CA propose: between Parties where like conditions prevail] or a disguised
restriction on trade in services] [EU/IS/NO propose: as to nullify or impair the benefits
accruing to any Party under the terms of a specific commitment.]
Alternative
Article 2. General Obligations
The Parties agreed to ensure that measures relating to entry, temporary stay and work of
service providers are administered in a reasonable, objective and transparent manner and
clearly related to the objectives of the measure at issue. The application and enforcement
of measures governing the granting of entry to service providers shall be accomplished
expeditiously so as to avoid unduly impairing or delaying the conduct of trade in
services.
[[EU oppose: AU/CA/CH/CL/CO/CR/HK/JP/KR/MX/NZ/PA/PE/PK/TR/TW/US
propose: Article 3. Transparency]
1. Each Party shall make publicly available [TR propose: all] information on the
requirements [JP/TR propose: and procedures] for [JP propose: an effective application
for] entry and temporary stay including relevant forms and documents, and explanatory
materials that will enable interested persons of the other Parties to become acquainted
with applicable requirements [JP/TR propose: and procedures.]
2. The information referred to in paragraph 1 shall, [CO/CR/JP/KR/HK/CH
propose: where applicable], include the following information] [AU oppose: relevant to
the entry, [CO/CR propose: and] temporary stay [CR/HK/JP/KR/LI/MX/TW oppose:
and work] of natural persons, inter alia;
-FOR OFFICIAL USE ONLY- LIMITED
TISA/DEC.2014/negotiating text/MNP
as of 13 February, 2015
Without Prejudice
3
2. [NZ considering: The information referred to in paragraph 1 shall include, [AU
considering: where applicable], the following information:
a) categories of [TW oppose: visas], [CR/TW oppose PE/MX considering: work]
permits or any similar type of document granting authorization,
b) documentation required and conditions to be met,
c) method of filing [PA oppose: and details on where to file [NZ/AU/CA/TW oppose: 2
],
d) application fees [CR/PA considering: and typical processing time],
e) the maximum period of validity of [] for the categories described in subparagraph (a),
f) conditions for [AU/IS/NO/NZ/PE/PA propose: any available] extensions,
g) [NZ oppose: [CA oppose: rules] [CA propose: conditions and procedures] regarding
accompanying dependents],
h) available review and/or [PE/PA considering: appeal] procedures,
i) [CA/CO/CR/PA/IL/PE oppose: details of relevant contact points established in
accordance with Article 7],
j) reference to relevant immigration laws of general application.]
[AU/CL/CO/CR/MX/PA/PE/TW/IL/KR/NZ/JP/HK propose; PK considering: The
sole fact that a Party grants [CA propose: temporary entry and stay]
[AU/CH/CL/CO/CR/HK/IL/IS/JP/KR/MX/NZ/NO/PA/PE/TR/TW propose: entry
and temporary stay] to a natural person of another Party shall not be construed to exempt
that person from meeting any applicable licensing or other requirements, including any
mandatory codes of conduct, to practice a profession or otherwise engage in business
activities.]
CH/TR: Do we need this para at all?
[TR/EU/PE/NO/IS propose: Article 4 [EU propose; Scheduling of] [EU oppose:
Schedules of Commitments for the] Entry and Temporary Stay of Natural Persons
1. [PE oppose; EU/NO/CO/IS propose: In scheduling commitments pursuant to
Articles I-3 (Market Access) and I-4 (National Treatment) of the Agreement.]
Each Party shall set out in its schedule, commitments for the entry and temporary
stay in its territory of natural persons of another Party.
[EU/CL/CO/MX propose: 2.] These schedules shall specify the conditions and
limitations governing those commitments, including [EU/CL/CO propose: the
categories of natural persons] [EU oppose: the authorized] [CH/EU/CO oppose: length]
[CH/CO propose; EU oppose: duration] [EU propose: period] of stay and

2
Information on where to file [may refer] [refers] to consular offices, external service providers
mandated by consular authorities, offices located at the external border, or online filing options
where available.
-FOR OFFICIAL USE ONLY- LIMITED
TISA/DEC.2014/negotiating text/MNP
as of 13 February, 2015
Without Prejudice
4
[EU/CO/CL/MX propose: where applicable] [NO considering: any possibility for
multiple entries and extension of stay], for each category of natural persons included in
each Party’s schedule of commitments.]
[CH/CA oppose; PE/TR considering] [EU propose: 3. The conditions and limitations
referred to in paragraph 2 shall be scheduled in the column that relates to Article I-3
(Market Access) in Section B (C) of Part I.] US to be read/decided upon/ with par 3
[AU/TR/CL propose; CA/EU/HK/IL/KR/NO/NZ/TW/CR oppose: 2. In sectors where
commitments are undertaken a Party shall not maintain or adopt Economic Needs Tests,
including labor market tests, as a requirement for a visa or work permit.]
[PE oppose; EU/NO propose: Article 5. Specific commitments
[CL propose; AU considering:] 1. Each Party shall take market access and national
treatment commitments for intra-corporate transferees, business visitors and categories
delinked from commercial presence: contractual service suppliers and independent
professionals.3

2. [CL propose: For every sector committed for the supply of a service as described in
Article I-1:2 (c) [Mode 3], subject to any terms, limitations, conditions and qualifications
that the Party sets out in its Schedule, each Party shall allow entry and temporary stay of
[intra-corporate transferees 3
]. [TW/JP oppose: Such entry and temporary stay shall be
for a minimal period of [X] years.] Parties shall not maintain or adopt Economic Needs
Tests for [intra-corporate transferees 3
].
3. Subject to any terms, limitations, conditions and qualifications that the Party sets out
in its Schedule, Parties shall allow entry and temporary stay of [contractual service
suppliers and independent professionals 3
] for a minimum of [X%] of the following
sectors/sub-sectors:
Professional services:
1. Accounting, auditing and bookkeeping services (CPC 862)
2. Architectural services (CPC 8671)
3. Engineering services (CPC 8672)
4. Integrated engineering services (CPC 8673)
5. Urban planning and landscape architectural services (CPC 8674)
6. Medical & dental services (CPC 9312)
7. Veterinary services (CPC 932)
8. Services provided by midwives, nurses, physiotherapists and paramedical
personnel (CPC 93191)

3
Final wording subject to further discussion, including on the cross-reference to categories in the AU
submission on the temporary entry categories.
-FOR OFFICIAL USE ONLY- LIMITED
TISA/DEC.2014/negotiating text/MNP
as of 13 February, 2015
Without Prejudice
5
Computer and related services:
9. Consultancy services related to the installation of computer hardware (CPC 841)
10. Software implementation services (CPC 842)
11. Data processing services (CPC 843)
12. Data base services (CPC 844)
13. Other (CPC 845+849)
Research and Development services:
14. R&D services on natural sciences (CPC 851)
15. R&D services on social sciences and humanities (CPC 852)
16. Interdisciplinary R&D services (CPC 853)
Other business services
17. Advertising services (CPC 871)
18. Market research and public opinion polling services (CPC 864)
19. Management consulting services (CPC 865)
20. Services related to management consulting (CPC 866)
21. Technical testing & analysis services (CPC 8676)
22. [CH propose: Services incidental to manufacturing]
23. Related scientific and technical consulting services (CPC 8675)
24. Maintenance and repair of equipment (not including maritime vessels, aircraft or
other transport equipment) (CPC 633 + 8861-8866)
25. Specialty design services (CPC 87907)
Construction and related engineering services:
26. General construction work for buildings (CPC 512)
27. General construction work for civil engineering (CPC 513)
28. Installation and assembly work (CPC514+516)
29. Building completion and finishing work (CPC 517)
30. Other (CPC 511+515+518)
Environmental services:
31. Sewage services (CPC 9401)
32. Refuse disposal services (CPC 9402)
33. Sanitation and similar services (CPC 9403)
34. Other
[CH propose: Financial Services]
[CH propose: Financial advisors]
Tourism and travel related services:
35. Hotels and Restaurants (CPC Ex. 641)
36. Travel Agencies and Tour Operators services (CPC 7471)
37. Tourist Guides services (CPC 7472)
-FOR OFFICIAL USE ONLY- LIMITED
TISA/DEC.2014/negotiating text/MNP
as of 13 February, 2015
Without Prejudice
6
[CH propose: Transport services
[CH propose: Other services auxiliary to all modes of transport CPC]
Recreational, cultural and sporting services:
38. Sporting and other recreational services (CPC 964)
Such entry and temporary stay shall be for a minimal period of [X] months [EU propose:
in any 12 months period] or for the duration of the contract [EU propose:, whichever is
less].]
[AU/EU propose; JP/TW oppose: 1. Each Party shall undertake commitments to allow
temporary entry of [Business Visitors] for a period of [AU propose: stay up to a
maximum of 90 days] EU propose: Parties shall not maintain or adopt Economic Needs
Tests for [Business Visitors 3
].]
EU suggests that this provision should become paragraph 3 of this Article
[AU/JP propose: 2. Where a Party allows for the entry and temporary stay of an [Intra
Corporate Transferees, Contractual Service Suppliers or Independent Professionals] who
has a spouse, and the period of stay is greater than 12 months, that Party shall, upon
application, also allow the accompanying spouses the right of entry and temporary stay
for an equal period [JP propose: in principle] to that of the [Intra Corporate Transferee,
Contractual Service Supplier or Independent Professional] [JP propose: provided that
such spouses fulfil requirements under its laws and regulations].
[EU oppose: [TR propose: Article 6. Entry and Temporary Stay Related [CO/TW
oppose: Requirements] [CO/TW propose: Procedures] [CR oppose; CA propose: 6
Work Authorization Related Requirements] [AU propose: 6. Immigration
Formalities]
Some Parties request coherence for the relevant paragraphs of this Article with Domestic
Regulation disciplines
[TR/CH propose: 1. Parties shall;
(i) ensure transparency, efficiency, [IL/PE/MX oppose: due and fair process] in
[CA oppose: [TW oppose: visa and] [JP propose: where applicable] [CR
oppose: work permit] [CR oppose; CA propose: work authorization] related
requirements, procedures [IL/PE oppose: and decisions ]
-FOR OFFICIAL USE ONLY- LIMITED
TISA/DEC.2014/negotiating text/MNP
as of 13 February, 2015
Without Prejudice
7
[AU/CA/HK/IS/NO/NZ/MX/KR/IL/CR/PE/PA oppose: (ii) abstain from
implementing overly burdensome 4
procedures [JP oppose: and requiring documents
which would breach privacy of individuals and confidentiality of business
information5
.]]]
[CA/CR propose; IL oppose: 2. Fees for processing applications for [CA propose:
temporary entry and stay] [AU/CH/CL/CO/IL/IS/JP/KR/MX/NZ/NO/TW/CR
propose: entry and temporary stay] for the service providers shall be commensurate with
[reflecting] the approximate cost of services rendered.]
[TR/CH/PE propose; IL oppose: 2. Fees for processing applications for [CA propose:
temporary entry and stay] [AU/CH/CL/CO/IL/IS/JP/KR/MX/NZ/NO/TW/PE
propose: entry and temporary stay] [CH/TR propose: and work] for the service
providers shall be reasonable and [CH propose: shall not exceed] [CH oppose:
determined with regard to] the administrative costs involved.]
[AU/CL propose; IL oppose: 2. Each Party shall ensure that fees charged by competent
authorities for the processing of applications for [CA propose: temporary entry and stay]
[AU/CH/CL/CO/IL/IS/JP/KR/MX/NZ/NO/TW propose: entry and temporary stay]
are reasonable, in that they do not unduly impair or delay trade in services under this
Agreement.]
[JP propose; IL oppose: Each Party shall ensure that fees charged by its competent
authorities on application for entry and temporary stay do not in themselves represent an
unjustifiable impediment to the entry and temporary stay under this Annex.]
[TR/CL/CH propose; IL oppose: 3. [AU/CL/PE/PA propose: Complete] Applications
[JP propose: for the grant of entry and temporary stay] shall be processed [AU/CL
oppose: promptly and expeditiously] [AU/CL/CR/PA propose: as expeditiously as
possible] [CR propose: in accordance with existing laws and regulations]. [TR propose;
CR oppose: The period for processing applications may not exceed 30 days [JP
propose:, except in cases where there are reasonable grounds].] [CH oppose: In any
case, [AU/CL/PE/PA propose: Each Party shall ensure that] processing times
[AU/CL/PA oppose: shall] [AU/CL/PE/PA propose: do] not constitute unnecessary
barriers to trade in services.]]

4 The examples of overly burdensome procedures include but are not limited to excessive number of
documents required, [CR/JP oppose: absence of on-line application systems], compulsory face-to-face
interviews for every individual application, absence of the possibility to apply from home/host/third
country, language tests, costs charged for information about the status of application. Applications shall not
be rejected due to minor formal breaches.
5
For example, for contractual service providers and independent professionals, the related service contract,
as well as related documents or agreement, for which the service provider is seeking temporary access shall
not be regarded as confidential information.
-FOR OFFICIAL USE ONLY- LIMITED
TISA/DEC.2014/negotiating text/MNP
as of 13 February, 2015
Without Prejudice
8
[CH/CO/TR propose; AU/CA/CL/IL/IS/MX/NO/TW/PA/CR oppose: The authorities
of each Party competent for granting visas shall finalize within ten calendar days the
procedure related to visa applications submitted by natural persons of other Parties
covered by its schedule of specific commitments.]
[TR propose: 4. Upon the applicant’s request, the competent authorities of the Party
concerned shall, without undue delay and to the extent possible, provide information
concerning the status of the applicant’s application.]
[AU/CA/IS/NO/TW propose: 4. At the request of an applicant, the competent
authorities of the Party shall endeavor to respond promptly to any reasonable request
about the status of an application.]
[TR propose; CA oppose: 5. In case of an incomplete application, the applicant shall be
informed [IL oppose: promptly] [IL propose: without undue delay] of the information
required to complete the application and shall be provided with the opportunity to correct
any deficiencies within a reasonable period of time.]
[IS/JP/NO propose: If the competent authorities of a Party require additional
information from the applicant in order to process the application, they shall, without
undue delay, endeavor to notify the applicant.]
[TR propose: 6. When the application is denied, the applicant shall be informed of the
denial and be given an opportunity to appeal the decision.]
[CA/JP/KR/MX propose: 6. When the application is denied, the applicant shall be
informed of the denial.]
[AU/CL propose: 6. When the application is refused, the applicant shall be informed of
the refusal and be provided information on how they may seek review of the decision.]
[MX/PE propose: 6. When the application is refused, the applicant shall be informed of
the refusal and be provided information of any [CO oppose: available] appeal
mechanism [CO propose:, where applicable].]
[TR propose; CA/CL/EU/HK/NO/IL/IS/PE/TW oppose: 7.When issuing visas [TR
propose: and work permits or any similar type of document granting authorization] to
service providers, Parties shall, to the extent possible, ensure that the period of validity is
consistent with the planned duration of the contract or project for which services are
provided; in cases where this is not possible initial period of stay shall be extended [TR
propose: provided the conditions on which it is based remains in effect [KR propose:,
subject to relevant domestic regulation of the Party]. Multiple entry visas should be
issued [JP oppose: where justified by the nature of the services or the length of the
-FOR OFFICIAL USE ONLY- LIMITED
TISA/DEC.2014/negotiating text/MNP
as of 13 February, 2015
Without Prejudice
9
contract or project.] [JP propose: as long as the requirements set by each Party are met.]
]
[AU propose: 7. Parties recognize the importance of multiple entry visas in facilitating
entry and Parties will endeavor to issue multiple entry visas, where appropriate.]
TR propose: Where possible, applications should be accepted and processed in
electronic format.
8. The competent authorities of each Party shall notify the applicant for entry, temporary
stay or work permit of the outcome of its application promptly after a decision has been
taken. The notification shall include, if applicable, the period of stay and any other terms
and conditions.
[AU/CA propose: A Party may, on a non-discriminatory basis, and in accordance with
existing laws and regulations, refuse to issue [CA propose: a work permit, authorization
or other immigration document] [AU propose: an immigration formality] to a business
person where the [CA propose: temporary] entry of that person might adversely affect:
(a) The settlement of any labor dispute that is in progress at the place or intended
place of employment; or
(b) The employment of any person who is involved in such dispute.
[AU propose: When a Party refuses pursuant to the above paragraph to issue an
immigration formality, it shall inform the applicant accordingly.]
TR requests information about the precise nature of such disputes and their significance
in the markets of concerned TiSA Parties.
TW: whether such disputes include pre-litigation negotiations or administrative
proceedings?
[TR/JP propose: Article 7. Contact Points
1. [CO/CR/CA/TW/KR propose: Each Party shall establish and maintain a contact
point and notify the other Parties the contact details in order to facilitate communication,
information flow and respond to inquiries from the other Parties regarding measures that
pertain to the entry, temporary stay of natural persons in its territory.]
IS/NO/NZ/EU: is this par needed given the general obligation?
2. [CH/TR propose; CA/CL/EU/KR/MX/NZ/PA/IL/PE/CO/CR oppose, PK
considering: Each Party shall [CH oppose: to the extent possible], also establish contact
-FOR OFFICIAL USE ONLY- LIMITED
TISA/DEC.2014/negotiating text/MNP
as of 13 February, 2015
Without Prejudice
10
points, which could be the same as the contact point mentioned in paragraph 1, to allow
natural person service suppliers to report and seek clarifications, if any, on instances
where they have encountered special difficulties in the process of seeking entry and
temporary stay in another Party].
Alternative to paragraphs 1 and 2. [AU/NO/CH propose: Each Party shall establish or
maintain a contact point to respond to enquiries from interested persons regarding [all]
measures that pertain to the entry and temporary stay covered by this Annex.
3. [TR/CA propose: Each Party shall notify the other Parties of the contact details,
including amendments, of its contact points.]

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx7

Trade in Services Agreement (TiSA)
Annex on Professional Services (February 2015)
WikiLeaks release: June 3, 2015
This is a secret February 2015 draft of the Trade in Services Agreement (TiSA) Annex on Professional
Services,including negotiating positions.
TiSA is currently under negotiation between the United States, the European Union and 23 other
countries. The Agreement creates an international legal regime which aims to deregulate and privatize the
supply of services - which account for the majority of the economy across TiSA countries.
The draft Annex aims to prohibit each state from regulating cross-border trade in professional services
such as accountancy, engineering, consulting and private education. Under the terms of the Annex, states
would be prohibited from requiring such services to have a local presence, or from limiting the
participation of foreign capital in such services.
This text dates from the 11th round of TiSA negotiations held 9-13 February 2015 in Geneva, Switzerland.
Description
Keywords: TiSA, Trade in Services Agreement, WTO, GATS, G20, BCBS, IAIS,
IOSCO, FATF, OECD, United States, European Union, Australia,
Canada, Chile, Chinese Taipei (Taiwan), Colombia, Costa Rica, Hong
Kong, Iceland, Israel, Japan, Liechtenstein, Mauritius, Mexico, New
Zealand, Norway, Pakistan, Panama, Paraguay, Peru, South Korea,
Switzerland, Turkey, Uruguay, draft, bracketed text, negotiating
positions, accounting, auditing, bookkeeping, taxation, architecture,
engineering, urban planning, landscaping, technician, analysis,
consulting, veterinary medicine, private education, construction
Restraint: For-Official-Use-Only, LIMITED, Without prejudice, Limited distribution -
for TiSA participants only
Title: Trade in Services Agreement (TiSA) Annex on Professional Services
Date: February 13, 2015
Group: Trade in Services Agreement
Author: Trade in Services Agreement country negotiators
Link: https://wikileaks.org/tisa/professional/
Pages: 5
For-Official-Use-Only LIMITED
Without prejudice
Limited distribution – for TiSA participants only
1
For-Official-Use-Only
Annex1
on Professional Services
[as at 13 February 2015]
Part I – Commitments on Professional Services
1. Scope [and Definition]
(a) This Annex applies to measures by Parties affecting trade in professional services.
For the purposes of this Annex, “professional services” means the following
services [AU propose: as defined] in each Party’s Schedule:
(i) [MX oppose: legal services] [AU/JP propose:, including for [CH oppose:
domestic law (host country law),] foreign law and international law] [CPC861];
(ii) accounting, auditing and bookkeeping services [CPC 862];
(iii) taxation services [CPC 863];
(iv) architectural services [CPC8671];
(v) engineering services [CPC8672];
(vi) integrated engineering services [CPC8673];
(vii) urban planning and landscape architecture services [CPC8674];
(viii) [CH/CO/NO propose: engineering related scientific and consulting
services [CPC 8675];
(ix) technical testing and analysis services [CPC 8676];]
(x) [AU/CO/NO propose; US/MX/JP oppose: veterinary services [CPC932]]; and
(xi) [AU/CO/NZ/NO propose; KR/MX/TW/CH/JP oppose: private education
services [CPC 921-4**, CPC 929**];]
(xii) [CH propose; EU oppose: construction related engineering services [CPC
51**].]
AU: Given concerns raised with an “all or nothing” approach, Article 1(b) was deleted and
Parties will consider what, if any, flexibility is required for each Article in Part I.
New text for this box to be developed to reflect discussions on flexibilities.

1
AU: For purposes of this text, we refer to "Annex". As the architecture of the TISA text takes shape, it is
possible that it could be a "Chapter" or "Section".
For-Official-Use-Only LIMITED
Without prejudice
Limited distribution – for TiSA participants only
2
For-Official-Use-Only
[AU propose; CH/EU/KR oppose: 2. Securing existing market access
In sectors where commitments are undertaken in accordance with Article I-3 (Market
Access), any terms, limitations and conditions on market access affecting trade in
professional services shall be limited to measures that a Party maintains on the date this
Agreement takes effect, or the continuation or prompt renewal of any such measures.]
[AU propose; MX considering: 3.Cross-border supply of Professional Services
[IL/JP/KR oppose: Notwithstanding Paragraph 2, each Party shall undertake
commitments without limitations to permit the cross-border supply of professional
services as described in Art I-1:2 (a) and (b).]
[CH/LI/KR propose; AU oppose: Subject to a Party’s schedule of specific commitments,
a Party shall not adopt or maintain market access or national treatment limitations on the
cross-border supply of professional services as described in Art I-1:2 (a).]
[AU/CO propose: 4. Local presence
(a) No Party may require a service supplier of any other Party to establish or maintain a
representative office or any form of commercial presence, or to be resident
[KR oppose: or domiciled] in its territory as a condition for [KR propose: the crossborder
supply of] [AU/CO propose: trade in] professional services [AU/CO propose:
as described in Article I-1:2 (a), (b) and (d) (Mode 1, 2 and 4).]
(b) Subparagraph (a) shall be subject to conditions and qualifications scheduled in
accordance with Article II-2 paragraphs 2 and 3.]
AU: Article 4 will need to be reviewed subject to the development of localisation provisions
applicable to all services.
[AU/CO/IS/NO/US propose; IL considering: 5. Foreign Capital Limitations
No Party may, with respect to entities supplying professional services through a
commercial presence limit the participation of foreign capital in terms of maximum
percentage limit on foreign shareholding or the total value of individual or aggregate
foreign investment [US propose:2
].]
[IS/NO/US propose: 6. Foreign Partnership or Management Participation Limitations
No Party may, with respect to entities supplying professional services through a
commercial presence restrict the nationality of partners or of senior managerial or other
essential personnel3
.]

2
[US propose: Nothing in this paragraph shall be construed to prevent a Party taking non-discriminatory
measures that limit participation in the capital of firms supplying professional services to natural persons
licensed to supply such services.] 3
[US propose: Nothing in this paragraph shall be construed to prevent a Party taking non-discriminatory
measures that limit participation in the partnership or management of firms supplying professional services to
natural persons licensed to supply such services.]
For-Official-Use-Only LIMITED
Without prejudice
Limited distribution – for TiSA participants only
3
For-Official-Use-Only
[AU/CO/IL/IS/NO/US propose; HK considering: 7. Joint venture requirements
No Party may require a joint venture [CH/KR oppose: or joint operation [AU propose:4
]]
as a condition for the supply of a professional service [US propose:5].]
[AU/CH/CO propose; NO/US considering: 8. Economic Needs Tests
No Party may adopt or maintain discriminatory economic needs tests, including labour
market tests, as a requirement for the supply of a professional service6 [CH propose;
AU/CO oppose: for categories described in a Party’s schedule of specific
commitments].]
[AU/CO/EU/MX/NO propose; PE considering: 9. Business names
Subject to its laws and regulations, each Party shall permit professional service
suppliers of any other Party to use the business names under which they ordinarily trade
in the territory of the other Party [PE oppose: [and] [JP propose: or] otherwise ensure
that the use of business names is not unduly restricted].]
[AU propose; JP oppose: 10. Lawyers Fly-in, Fly-out7
(a) Where commitments are undertaken for the supply of legal services as described in
Article I-1:2(a) (Mode 1) for foreign law, a Party shall allow entry and temporary
stay on a fly-in, fly-out basis without requiring the service supplier to establish or
maintain a representative office or any form of commercial presence, or to be
resident or domiciled in its territory, or to gain admission or otherwise qualify as a
local practitioner, or to register in the Party.
(b) Where commitments are undertaken for the supply of legal services as described in
Article I-1:2(a) (Mode 1) for international law, a Party shall allow entry and
temporary stay on a fly-in, fly-out basis without requiring the service supplier to
establish or maintain a representative office or any form of commercial presence, or
to be resident or domiciled in its territory, or to gain admission or otherwise qualify
as a local practitioner, or to register in the Party.
(c) The period of stay shall not exceed 90 days in any 12 month period.]

4
[AU propose; CO considering: Joint operation refers to a foreign service supplier providing a service with
or through a local entity.] 5
[US propose: Nothing in this paragraph shall be construed to prevent authorities of a Party from requiring
supervision by a professional licensed by those authorities as a condition on the supply of a service by a
professional licensed only by the authorities of another Party, where it permits such persons to supply services.]
6
[AU propose: Nothing in this paragraph shall be construed to prevent a Party applying economic needs tests
in a manner which accords national treatment to professional services and service suppliers of any other Party
within the meaning of Article I: 4.] 7
[AU propose: Fly-in, fly-out or temporary practice refers to an approach, either through explicit regulation or
otherwise, that allows foreign lawyers to enter and provide legal services on foreign law and/or international
law on a temporary basis without any registration in the Party.]
For-Official-Use-Only LIMITED
Without prejudice
Limited distribution – for TiSA participants only
4
For-Official-Use-Only
Part II – Trade in Professional Services
11. Encouraging Recognition
(a) Each Party shall consult with relevant bodies in its territory (“its relevant
bodies”) to seek to identify professional services sectors or sub-sectors where
two or more Parties are mutually interested in establishing dialogue on issues
related to recognition of professional qualifications, licensing and/or registration.
(b) Each Party shall encourage its relevant bodies to establish dialogues with the
relevant bodies of other Parties, with a view to recognising professional
qualifications, and facilitating licensing and/or registration procedures.
(c) Each Party shall encourage its relevant bodies to take into account existing
agreements relating to professional services in the development of agreements
on recognition of professional qualifications, licensing and registration.
(d) Each Party may [CA/CL/CO/HK/LI/PE propose: encourage its relevant
bodies, where feasible, to consider] taking steps to implement a temporary or
limited licensing regime, such as project specific licensing or registration, based
on the foreign supplier’s home license or recognised professional body
membership (without the need for further examination). Such a temporary or
limited licensing regime should not operate to prevent a foreign supplier from
gaining a local license subsequent to satisfying the necessary local licensing
requirements.
12. Working Party on Professional Services
(a) The Parties shall endeavour to facilitate trade in professional services, including
through the establishment of a Working Party on Professional Services,
comprising representatives of each Party.
(b) Each Party of the Working Party shall liaise as appropriate to support its relevant
professional bodies and regulators in pursuing recognition pursuant to Article I-6
(Recognition) and paragraph 9 (Encouraging Recognition). Such support could
include, but is not limited to, providing relevant points of contact, facilitating
meetings, and providing information regarding the regulation of professional
services within each Party’s respective territory.
(c) The Working Party shall meet annually, or as agreed by the Parties, to discuss
progress towards the objectives in Article I-6 Recognition and paragraph 9. For
a meeting to be held, at least two Parties must participate. It is not necessary for
representatives of all Parties to participate in order to hold a meeting of the
Working Party.
(d) Decisions of the Working Party shall have effect only in relation to those Parties
that participated in the meeting at which the decision was taken, unless:
i. otherwise agreed by all Parties; or
ii. a Party that did not participate in the meeting requests to be covered by the
decision and all Parties originally covered by the decision agree.
For-Official-Use-Only LIMITED
Without prejudice
Limited distribution – for TiSA participants only
5
For-Official-Use-Only
CR is still consulting on paragraph 11 and paragraph 12.
Paragraph 12 will need to be considered in relation to horizontal discussions on
institutional arrangements.
TR proposes to work on a language for designation of inquiry points in each TiSA Party
that will provide information on request of service suppliers of other Parties on areas
including, licensing and qualification requirements, the competent authority regarding
standards, procedures to obtain or renew any licence or qualification requirements in
professional services.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx8

Trade in Services Agreement (TiSA)
Annex on Telecommunications Services
WikiLeaks release: June 3, 2015
This is a secret draft of the Trade in Services Agreement (TiSA) Annex on Telecommunications Services,
including negotiating positions. TiSA is currently under negotiation between the United States, the
European Union and 23 other countries. The Agreement creates an international legal regime which aims
to deregulate and privatize the supply of services - which account for the majority of the economy across
TiSA countries. The draft Annex concentrates on standardizing a communications regulatory regime
across all TiSA countries, preventing states from discriminating against foreign or foreign-owned
telecommunications providers where to do so would create obstacles to trade or result in a loss of
competition, and ensuring access for foreign companies to undersea fiber-optic cables and landing
facilities.
Description
Keywords: TiSA, Trade in Services Agreement, WTO, GATS, G20, BCBS, IAIS,
IOSCO, FATF, OECD, United States, European Union, Australia,
Canada, Chile, Chinese Taipei (Taiwan), Colombia, Costa Rica, Hong
Kong, Iceland, Israel, Japan, Liechtenstein, Mauritius, Mexico, New
Zealand, Norway, Pakistan, Panama, Paraguay, Peru, South Korea,
Switzerland, Turkey, Uruguay, draft, bracketed text, negotiating
positions, telecommunications, competition
Restraint: LIMITED
Title: Trade in Services Agreement (TiSA) Annex on Telecommunications
Services
Date: February 20, 2015
Group: Trade in Services Agreement
Author: Trade in Services Agreement country negotiators
Link: https://wikileaks.org/tisa/telecommunication/
Pages: 39
LIMITED
Trade in Services Agreement (TiSA)
Annex on Telecommunications Services
LIMITED
1
Article 1: [EU propose: Scope] and Coverage
X. [EU/IS/NO/TR propose: This Annex applies to measures by a Party affecting trade in
telecommunication services.] [TR propose: subject to any terms, limitations, conditions and
qualifications set out in its schedule.]
[CA propose alt: This Annex applies to measures adopted or maintained by a Party relating to
telecommunications networks or services.]
1. [JP/KR/MX/PA/PE/US propose: This Annex applies to:
(a) measures relating to access to and use of public telecommunications [networks or]
services;
(b) measures relating to obligations [US propose: regarding] [PA/PE propose: of]
suppliers [CR propose:
1
] of public telecommunications [networks or] services; and
(c) other measures relating to public telecommunications [networks or] services;]
(d) [IL/KR propose: measures relating to value-added services.]
[CR propose: subject to any terms, limitations, conditions and qualifications set out in its
schedule.]
[AU/PA/PE/US propose: 2. This [Annex] shall not apply to any measure relating to broadcast or
cable distribution of radio or television programming, except that:
(a) Article 3 [Access to and Use of Public Telecommunications Services] shall apply
with respect to cable or broadcast service suppliers’ access to and use of public
telecommunications services; and
(b) [AU/PA/US propose: Article 10 [Transparency] shall apply to any technical
measures to the extent that such measures also affect public telecommunications
services.]]
3. [AU/CA/PA/PE/US propose: Nothing in this Annex shall be construed:
[PE/US oppose: CA propose: (a) to require a Party to authorize a service supplier of another Party
to establish, construct, acquire, lease, operate, or provide telecommunications networks or services
where such networks or services, except as specifically covered in this Section;]

1 CR propose: [With respect to Costa Rica, supplier of public telecommunications networks shall be understood as an
“operator”, which means a natural or juridical person, public or private, that operates public telecommunication
networks with the proper authorization, and that may or not provide telecommunications services available to the
public.]
LIMITED
2
[AU/CA/PA/PE/US propose: (b) to require a Party, or require a Party to compel any service
supplier, to establish, construct, acquire, lease, operate, or provide telecommunications networks or
services not offered to the public generally;]
(c) to prevent a Party from prohibiting persons operating private networks from using
their [US propose: private] networks to [US propose: supply] [US oppose:
provide] public telecommunications networks or services to third persons.]
[AU/PE/US propose: (x) to require a Party to compel any service supplier exclusively engaged in
the broadcast or cable distribution of radio or television programming to make available its
broadcast or cable facilities as a public telecommunications network.]
LIMITED
3
Article 2: [EU: Openness of Telecommunication Services Markets]
1. [CO/JP/EU/CH propose; CA/IL/KR oppose: Foreign Ownership]
[CO/JP propose: Each Party shall endeavour to] [CH propose: Parties should] [CO/JP/CH
propose: allow] [CO/JP propose: full] [CO/JP/CH propose: foreign participation in] [JP
propose: its] [CO/CH propose: their] [CO propose: electronic services,] [CO/JP/NO/CH
propose: electronic commerce and telecommunications services sectors, through establishment or
other means] [CO/CH/NO propose: without limitations of foreign capital participation].
[EU/NO propose: No Party shall impose joint venture requirements or limit the participation of
foreign capital in terms of maximum percentage limit on foreign shareholding or the total value of
individual or aggregate foreign investment as a condition to supply telecommunication services
through the establishment of a commercial presence.]
[JP/KR propose: Subject to a Party’s schedule of specific commitments, [JP propose: each] [KR
propose: a] Party shall not adopt or maintain [KR propose: market access or national treatment]
limitations on [JP propose: full] foreign participation in its electronic commerce and
telecommunications services sectors, through establishment or other means.]
[EU propose; IL/KR oppose: 2. Cross-border trade in telecommunication services
No Party shall impose limitations, in the meaning of Article I-3 (Market Access) and I-4 (National
Treatment), on the ability of services providers to supply telecommunication services on a crossborder
basis.]
LIMITED
4
Article 3: [CO/EU: Telecommunication Regulatory Body] [AU/CA/CL/NZ/US propose:
Independent Regulators] [CO/CH propose: Regulatory] [JP/PE propose: Independent
Regulatory Body] [CO propose: and Enforcement] [CO/CH propose: Authorities]
1. [CH propose alt: 1. Parties should ensure that relevant regulatory authorities are legally
distinct and functionally independent from any telecommunications service suppliers, and have
sufficient legal authority and adequate resources to perform their functions effectively.]
[alt 2. CA/CL/TW/CO/CR/EU/HK/IS/IL/JP/KR/LI/NZ/NO/PA/PE/TR propose; AU/US
considering: [CO/CR oppose: With a view to ensuring the independence and impartiality of
telecommunications regulatory bodies,] each Party shall ensure that its telecommunications
regulatory body is separate from, and not accountable to, any supplier of [CA/CL/EU/JP/NO
oppose: public] telecommunications services. [CR considering: To this end, each Party shall
ensure that its telecommunications regulatory body does not hold a financial interest 2
[KR
propose: equity] or maintain an operating or management role in any such supplier].]
2. [CA/CO/NO propose: Each Party shall ensure that its telecommunications regulatory body
does not accord] [AU/CL/TW/EU/IS/IL/KR/LI/NZ/PE/US propose; PA considering: No Party
may accord] more favourable treatment to a supplier of [telecommunications services in its
territory than that accorded to a like service supplier of another Party [EU/KR propose;
CA/PA/PE/US oppose: inter alia] on the basis that the supplier receiving more favourable
treatment is owned by the [AU/CL/EU/JP/KR/LI/NO/PE/TR oppose: national] government of
the Party.]
[Note: EU suggests moving alt 2 to Article 2 [Openness of Telecommunication Services Markets]]
3. [AU/CA/CL/TW/CO/CR/EU/IS/LI/JP/KR/MX/NZ/NO/PA/PE/TR/US propose; CH
oppose: Each Party shall provide its telecommunications regulatory body [or [IS considering:
other] competent authority] [CA/EU/NO/TR propose; CL/JP/CO/CR/IL/NZ/PA oppose: with
the adequate financial and human resources to carry out its task and with] the authority to [EU
propose; CL/PE oppose; CA/PA/US considering: regulate the sector and] enforce the Party’s
measures relating to the obligations set out in (Articles 10 (Access to and Use of Public
Telecommunications), 11 (Obligations Relating to Suppliers of Public Telecommunications
Services), and 12 (Obligations Relating to Major Suppliers) [EU/PE propose: set out in this
Annex]. Such authority shall include the ability to impose] [CL/CO/MX/CR/PA propose: [no
qualifier] [AU/CA/CL/KR/PE/TR/US propose: effective] [AU/CA/EU/NO/TR propose: and]
[CA/CL/JP/NZ/NO/PA propose; PE oppose: appropriate] [AU/TW/CO/EU/TR propose:
proportionate] sanctions, [CR considering: which may include financial penalties, injunctive
relief (on an interim or final basis), or the modification, suspension, or revocation of licenses]
[JP propose: orders for report or inspection]].
4. [AU/CA/CL/CR/TW/CO/EU/HK/IL/IS/LI/JP/KR/NO/PA/PE/CH/TR/US propose:
Each Party shall ensure that regulatory decisions and procedures of its telecommunications

2
[AU/CA/CO/TW/EU/IS/JP/KR/LI/NO/NZ/PE/US propose: This paragraph shall not be construed to prohibit a
government entity of a Party other than the telecommunications regulatory body from owning equity in a supplier of
public telecommunications services.] [EU/IS/NO: In such a case, the Party shall ensure effective structural separation
of the regulatory function with the activity associated with ownership or control].
LIMITED
5
regulatory body [CA/CH/CR/IL considering: or other competent authority,]] [KR/US propose:
including decisions and procedures relating to licensing, interconnection with public
telecommunications networks and services, tariffs, and assignment or allocation of spectrum for
non-government public telecommunications services], are impartial with respect to all market
participants.]
5. [IS/JP/KR/NO/PA/CH/US propose: Each Party shall [CH propose: should] ensure that
its regulatory decisions, [JP oppose: and the results of appellate proceedings regarding such
decisions,]] are [CH oppose: made publicly available].
LIMITED
6
Article 4: Technological Neutrality [US propose: Flexibility in the Choice of Technology]
1. [CO/CR/US propose: No Party may prevent a supplier of [CR/US propose: public]
telecommunications services [CO propose: and electronic services] from choosing the
technologies it desires to use to supply its services subject to requirements necessary to satisfy
legitimate public policy interests, [CR oppose: provided that any measure restricting such choice
is not prepared, adopted, or applied in a manner that creates unnecessary obstacles to trade.]]
2. [CO/US propose: If a Party adopts a measure that mandates the use of a specific
technology or standard, or otherwise limits a supplier’s ability to choose the technology it uses, to
supply a service, it shall do so on the basis of:
(a) legislation; or
(b) a rulemaking
in which the Party determines that market forces have not achieved, or could not reasonably be
expected to achieve, its legitimate public policy objective [TR propose: such as, the prevention of
harmful interferences, ensuring the technical quality of service, protection of public health against
electromagnetic fields, ensuring the maximization of radio frequency sharing, safeguarding
efficient use of spectrum or ensuring the fulfillment of requirements under the ITU radio
regulations.]]
1. [KR propose alternative to CO/US text: No Party shall prevent suppliers of public
telecommunications networks or services or value-added services from having the flexibility to
choose the technologies that they use to supply their services.
2. Notwithstanding paragraph 1, a Party may apply a measure that limits the technologies or
standards that a supplier of public telecommunications networks or services or value-added
services may use to supply its services, provided that the measure is designed to satisfy a legitimate
public policy objective and is not prepared, adopted, or applied in a manner that creates
unnecessary obstacles to trade.
3. For greater certainty, a Party retains the right to define its own legitimate public policy
objectives; and whenever such a measure is based on relevant international standards, it shall be
rebuttably presumed not to create unnecessary obstacles to trade.]
LIMITED
7
[CO propose: Article 5: Interoperability]
[CO propose: Each Party shall endeavor to promote the interoperability of ICT services, electronic
services, including electronic government services, and technologies where appropriate.]
LIMITED
8
[EU oppose: Article 6: Regulatory Flexibility [US propose: Approaches to Regulation]
[US propose: Regulatory Flexibility]
1. [CA/NO/PA/US propose: The Parties recognize the importance of relying on competitive
market forces to provide wide choice in the supply of telecommunications services. [US propose:
Accordingly, the Parties recognize that regulatory needs and approaches will differ among markets,
and that each Party may determine how best to implement its obligations under this Annex.]
(a) In this respect, the Parties recognize that a Party may:
(i) engage in direct regulation either in anticipation of an issue that the Party
expects may arise or to resolve an issue that has already arisen in the market;
[CA/PA propose: or]
(ii) rely on the role of market forces, particularly with respect to market
segments that are, or are likely to be competitive, or those with low barriers
to entry. [AU propose: or;]
(iii) [AU propose: use any other appropriate means that benefit the long term
interests of users.]
(b) [AU/PA/US propose: Where a Party has engaged in direct regulation, that Party
may forbear, to the extent provided for in its law, from applying a regulation to a
service that the Party classifies as a public telecommunications service, if its
telecommunications regulatory body determines that:
[US propose alt: (b) Where a Party engages in direct regulation, it may
nonetheless forbear, to the extent provided for in its law, from applying such a
regulation to a telecommunications service, if its telecommunications regulatory
body, or other competent body determines that:]
(i) enforcement of the regulation is not necessary to prevent unreasonable or
discriminatory practices;
(ii) enforcement of the regulation is not necessary for the protection of
consumers; and
(iii) forbearance is consistent with the public interest, [US propose: which may
include] [including] promoting and enhancing competition between
suppliers of public telecommunications services.]
[US propose; KR/CH oppose:
2. Each Party shall ensure that any supplier of telecommunications services may petition
its telecommunications regulatory body to forbear from apply any specific regulation with
LIMITED
9
respect to that supplier or any telecommunications services offered by that supplier.
3. Each Party shall require its telecommunications regulatory body to adopt a decision
granting or denying the petition in whole or in part.
Review of Regulations
4. Each Party shall require their telecommunications regulatory body to:
(a) regularly review all regulations adopted by that Party’s telecommunications
regulatory body that apply to the operations or activities of any provider of
telecommunication service subject to its jurisdiction, to the extent provided for
in its law;
(b) determine after such review whether any such regulation is no longer necessary
as the result of meaningful economic competition between providers of such
service; and
(c) repeal or modify any such regulation, where appropriate, pursuant to subsection
(b).]
LIMITED
10
Article 7: [CA/PA propose: Licensing and Other] Authorizations [JP/CH propose: and
Licenses] [PA propose: Procedures]
[Note: Parties to consider alternative term to license, such as authorisation.]
1. [AU/CA/CL/TW/CO/CR/EU/HK/IS/IL/JP/KR/LI/MX/NO/PA/PE/CH/TR/US
propose: When a Party requires a supplier of [EU oppose: public] telecommunications services to
have a license, the Party shall ensure the public availability of:]
(i) [all the licensing criteria and procedures it applies;]
(ii) [HK considering: the period of time it normally requires to reach a
decision concerning an application for a license; and]
(iii) [EU oppose; CH considering: the terms and conditions of all licenses in
effect.]
2. [AU/CA/CL/TW/CR/CO/EU/HK/IS/IL/JP/KR/LI/MX/NO/PA/PE/CH/TR/US
propose: Each Party shall ensure that, on request, an applicant receives the reasons for the
(i) denial of a license;
[PA/CH oppose:
(ii) [JP considering: imposition of supplier-specific conditions on a license;]
(iii) revocation of a license; or
(iv) [EU oppose; CR considering: refusal to renew a license.]]]
3. [CA/TR propose: Each Party shall ensure that, once the application for a license is
considered complete, a decision whether to grant the license is made within a reasonable period of
time.]
4. [AU/CA/IL/KR/MX/NZ/PA/PE/CR oppose: [JP/TW propose: Each Party shall
endeavour to] [EU/NO/CH/TR propose: Parties should] [EU/JP/NO/CH/TR propose: authorize
the provision of [competitive] telecommunications services, wherever possible, on simple
notification by a service] [JP/CH/TR propose: supplier.]]
5. [AU/CR/IL/KR/PA/PE/TR oppose: [EU/JP/NO/CH propose: and shall not require]
[TW propose: shall endeavour not to require] [JP propose: legal establishment] [CH propose:
commercial presence] [JP/CH propose: as a condition] [JP propose: of supplying a service] [CH
propose: for the supply of such services.]]
6. [AU/CR/PA/PE oppose: [EU/JP/NO/TR propose: No Party shall impose or maintain any
limitations on the number of licenses except] [CH propose: Licenses shall be restricted in number
only] [EU/JP/CH/TR propose: for the purpose of [EU/NO oppose: addressing a limited set of
LIMITED
11
specified regulatory issues, such as] the assignment of frequencies] [EU/NO/CH/TR propose: and
other scarce resources.]]]
LIMITED
12
Article 8: Transparency
1. [US propose: Further to [placeholder for Transparency article in core text],] [PA/US
propose: each Party shall ensure that:
(c) its measures relating to public telecommunications services are made publicly
available, including:
(i) [US propose: tariffs and other] terms and conditions of service;
(ii) specifications of technical interfaces;
(iii) conditions for attaching terminal or other equipment to the public
telecommunications network; and
(iv) notification, permit, registration, or licensing requirements, if any.]
(v) [US propose: general procedures relating to resolution of
telecommunications disputes provided for in Article 9 (Resolution of
Dispute); and
(vi) any measures of the telecommunications regulatory body where the
government delegates to other bodies the responsibility for preparing,
amending, and adopting standards-related measures affecting access and
use.]
2. [JP propose: Each Party shall] [CH propose: Parties should] [JP/CH propose: ensure that
all laws, regulations, procedures, and administrative rulings of general application] [JP propose:]
[JP/CH propose: affecting Telecommunications Services and trade in Telecommunications
Services are published or otherwise made] [JP propose: available to the public] [CH propose:
publicly available, and, to the extent practicable, are made subject to public notice and consultation
procedures].
3. [JP propose: Each Party shall, in accordance with its laws and regulations, endeavour to
provide, except in cases of emergency or of purely minor nature, a reasonable opportunity for
comments by the public before the adoption, amendment or repeal of regulation of general
application that affect Telecommunications Services and trade in Telecommunications Services.]
[US propose: X. Each Party shall ensure that where a telecommunications regulatory body seeks
input3
for a proposal for a regulation:
(a) it shall make the proposal public or otherwise available to any interested persons;
(b) it shall include an explanation of the purpose of and reasons for the proposal;

3
[US propose: For greater certainty, seeking input does not include internal governmental deliberations.]
LIMITED
13
(c) it shall provide interested persons with adequate public notice of the ability to
comment and reasonable opportunity for such comment;
(d) it shall, to the extent practicable, make publicly available all relevant comments
filed with it; and
(e) it shall respond to all significant and relevant issues raised in comments filed, in the
course of issuance of the final regulation.4
]
[CA propose: Public Availability of Information
1. Each Party shall make publicly available:
(a) the current state of allocated frequency bands, except for detailed identification of
frequencies allocated or assigned for specific government uses;
(b) the relevant procedures of its telecommunications regulatory body, including with
respect to resolution of disputes and interconnection negotiations with a major supplier
in its territory;
(c) any interconnection agreements in effect between a major supplier and other suppliers
of public telecommunications services in its territory, reference interconnection offers,
or other standard interconnection offers containing the rates, terms, and conditions that
the major suppliers offer generally to suppliers of telecommunications services;
(d) its measures relating to public telecommunications services, including:
(i) regulations of its telecommunications regulatory authority, and the basis for
such regulations;
(ii) regulatory decisions and the results of appellate proceedings regarding such
decisions;
(iii) tariffs and other terms and conditions of service;
(ii) specifications of technical interfaces;
(iii) conditions for attaching terminal or other equipment to the public
telecommunications network;
(iv) notification, permit, registration, or licensing requirements, if any;
(f) information on bodies responsible for the preparation and adoption of standards-related
measures.]

4
[US propose: For greater certainty, a Party may consolidate its responses to the comments received from interested
persons.]
LIMITED
14
2. [CA propose: Where a Party requires an authorisation for the supply of a telecommunications
service, the Party shall make publicly available:
(a) all the applicable authorisation criteria and procedures it applies;
(b) the time frame it normally requires to reach a decision concerning an application
for an authorisation; and
(c) the terms and conditions of all authorisations in effect.]
Placeholder for additional transparency proposals related to Public Availability of Information.
Regulatory Transparency
Placeholder for additional transparency proposals related to Regulatory Transparency.
LIMITED
15
Article 9: [Resolution of [CA/PA propose: Domestic Telecommunications] Disputes
Recourse to Regulatory Authority
1. [AU/CA/CL/EU/JP/PA/PE/US propose: Each Party shall ensure that:
(a) [JP/PE/US propose: persons may have] [CA/EU/PA propose; US oppose: a
supplier of a public telecommunications network or service of the other Party has
timely] recourse to [its] [a] [AU/CA/CL/EU/JP/PA/PE/US propose:
telecommunications regulatory body] [AU/CL/EU/JP/PA/PE/US propose: or
other competent authority of the Party] to resolve disputes [KR propose; JP
oppose: between suppliers of public telecommunications networks or services] [EU
propose: in connections with rights and obligations that arise from this Annex]
[CA/JP/PA/PE/US propose: regarding the Party’s measures relating to matters set
out in Articles 3 (Access to and Use of Public Telecommunications Services); 4
(Obligations Relating to Suppliers of Public Telecommunications Services); 5
(Obligations Relating to Major Supplier of Public Telecommunications Services)]
[JP/ US propose: and 14 (International Submarine Cable Systems)] [US oppose;
CA/PA propose: and that, under the domestic law of the Party, are within the
regulatory body’s jurisdiction;]
(x) [AU/US propose; JP oppose: if a telecommunications regulatory body declines to
initiate any action on a request to resolve a dispute, it shall, upon request, provide a
written explanation for its decision within a reasonable period of time;]
(b) [AU/CA/PA/PE/US propose: suppliers of public telecommunications services of
another Party that have requested interconnection with a major supplier in the
Party’s territory [AU/PA/PE/US propose: may seek review by] [CA/PA propose:
have recourse to], [JP oppose: within a reasonable and publicly available period of
time after the supplier requests interconnection], [AU/CA/PA/PE/US/TR propose:
a telecommunications regulatory body to resolve disputes regarding the terms,
conditions, and rates for interconnection with such major supplier].]
Reconsideration
2. [CO/PA/PE/US propose: Each Party shall ensure that [CO/PA propose: any
enterprise] [PE/US propose: any person] whose legally protected interests are adversely
affected by a determination or decision of the Party’s telecommunications regulatory body]
may petition the body to reconsider that determination or decision.] [CO/PE/US propose:
No Party may permit such a petition to constitute grounds for non-compliance with the
determination or decision of the telecommunications regulatory body unless an appropriate
authority stays the determination or decision.] [KR propose:
5
]

5
[KR propose: Paragraph 2 does not apply to a determination or decision of the telecommunication regulatory body
with respect to disputes between service suppliers or between service suppliers and users.]
LIMITED
16
[PA propose: Unless otherwise permitted by the applicable domestic legislation, paragraph 2 does
not apply to:
(a) a determination or decision related to the establishment and application of spectrum
and frequency management policies; or
(b) a determination or decision related to the establishment and application of rulings of
general application.]
Judicial Review
3. [AU/CO/US propose: Each Party shall ensure that any [AU/CO propose: enterprise]
[KR/US propose: person] whose legally protected [PA propose: Any supplier of public
telecommunications networks or services that is aggrieved or whose] [AU/CO/PA/US propose:
interests are adversely affected by a determination or decision of the Party’s telecommunications
regulatory body] [AU/CO/PA/US propose: may obtain] [AU/CO/PA/US propose: review of the
determination or decision by an impartial and independent judicial authority of the Party.]
[AU/CO/US propose: No Party may permit an application for judicial review to constitute grounds
for non- compliance with the determination or decision of the telecommunications regulatory body
unless the relevant judicial body [US propose alt: issues an order that the determination of
decision not be enforced while the proceeding is pending.] stays the determination or decision.]
[EU/CA propose alt: Appeal and Review]
2. Each Party shall ensure that a services supplier whose interests are adversely affected by a
determination or decision of a regulatory authority may obtain review of the determination or
decision by an impartial and independent judicial, quasi-judicial or administrative authority, as
provided in the domestic law of the Party. Written reasons for the determination or decision of the
judicial, quasi-judicial or administrative authority shall be given. Each Party shall ensure that such
determinations or decisions, subject to appeal or further review, are implemented by the regulatory
authority.
3. An application for judicial review shall not constitute grounds for non-compliance with the
determination or decision of the regulatory authority unless the relevant judicial authority stays
such determination or decision.
LIMITED
17
Article 10: Access to and Use of Public Telecommunications [CH propose: Transport
Networks and] Services6
X. [CO/PA/CH propose; PE oppose: For all public telecommunications [CH propose:
transport network and] services, each Party shall apply paragraph 5 of the Telecommunications
Annex of the General Agreement on Trade in Services (GATS), mutatis mutandis. To that end the
Telecommunications Annex of the GATS is incorporated into and made a part of this [Annex].]
X. [CO/PA/CH propose; PE oppose: For purposes of the incorporation of the
Telecommunications Annex of the GATS under subparagraph (a), the term:
(a) “Member” in the GATS means “Party”;
(b) [CH oppose: “Public Telecommunications Transport Network and Service”
and “Public Telecommunications Transport Service” in the GATS means
“Public Telecommunications Service”;]
(c) “Schedule” or “Scheduled services” means the schedule to this Agreement.]
[AU/CL/JP/KR/PE/US propose; NO considering; alt:
1. Each Party shall ensure that any service supplier of another Party is accorded access to and
use of any public telecommunications service, including leased circuits, offered in its territory or
across its borders on reasonable and non-discriminatory terms and conditions.
2. Each Party shall ensure that service suppliers of another Party are permitted to:
(a) purchase or lease and attach terminal or other equipment that interfaces with a public
telecommunications network;
(b) [JP considering: provide services to individual or multiple end-users over leased or owned
circuits;]
(c) connect owned or leased circuits with public telecommunications networks and services or
with circuits leased or owned by another service supplier;
(d) perform switching, signalling, processing, and conversion functions; and
(e) use operating protocols of the service supplier’s choice.
3. Each Party shall ensure that service suppliers of another Party may use public
telecommunications services for the movement of information in its territory or across its borders,
including for intra-corporate communications, and for access to information contained in data

6
[AU/CR/PE/US propose: For greater certainty, this Article does not prohibit any Party from requiring an enterprise
to obtain a license, concession, or other type of authorization to supply any public telecommunications service within
its territory.]
LIMITED
18
bases or otherwise stored in machine-readable form in the territory of any Party.
4. Notwithstanding paragraph 3, a Party may take such measures as are necessary to ensure
the security and confidentiality of messages, and protect the privacy of personal data of end users
of public telecommunications networks or services, provided that such measures are not applied in
a manner that would constitute a means of arbitrary or unjustifiable discrimination or disguised
restriction on trade in services.
5. Each Party shall ensure that no condition is imposed on access to and use of public
telecommunications networks or services, other than that necessary to:
(a) safeguard the public service responsibilities of suppliers of public telecommunications
networks and services, in particular their ability to make their networks or services
available to the public generally; or
(b) protect the technical integrity of public telecommunications networks or services.
6. Provided that they satisfy the criteria set out in paragraph 5, conditions for access to and
use of public telecommunications networks and services may include:
(a) a requirement to use specified technical interfaces, including interface protocols, for
interconnection with such networks or services;
(b) requirements, where necessary, for the inter-operability of such networks and services;
(c) type approval of terminal or other equipment which interfaces with the network and
technical requirements relating to the attachment of such equipment to such networks; and
(d) a licensing, permit, registration, or notification procedure which, if adopted or maintained,
is transparent and provides for the processing of applications filed thereunder in accordance
with the Party’s national law or regulation.]
LIMITED
19
[CA/KR/US propose: Article 11: Obligations Relating to Suppliers of Public
Telecommunications Services
Interconnection
1. [AU/CA/CL/CO/HK/KR/NZ/PA/PE/US propose: Each Party shall ensure that suppliers
of public telecommunications services in its territory:
(a) provide, directly, or indirectly within the same territory, interconnection with
suppliers of public telecommunications services of another Party [PE propose: at
reasonable rates] [MX propose: at competitive rates] [JP propose: on commercial
terms]; and
(b) take reasonable steps to protect the confidentiality of commercially sensitive
information of, or relating to, suppliers and end-users of public telecommunications
services obtained as a result of interconnection arrangements and only use such
information for the purpose of providing these services.]
2. [AU/CA/CO/HK/KR/NZ/US propose: Each Party shall provide its telecommunications
regulatory body the authority to require interconnection [PA oppose: at reasonable rates] [MX
propose: at competitive rates.]]
[EU/NO propose alt:
Each Party shall ensure that:
(a) Any telecommunication service provider has a right and when requested by another
operator an obligation to negotiate interconnection with each other for the purpose of
providing publicly available telecommunication networks and services.
(b) Telecommunication service providers that acquire information from another supplier in
the process of negotiating interconnection agreements use that information solely for
the purpose for which it was supplied and respect at all times the confidentiality of
information transmitted and stored.]
Resale
3. [CO/JP/PA/PE propose; CR/EU/KR/LI/MX/NO oppose: Each Party shall ensure
that a] supplier [CO/JP/PE propose: of public telecommunications [transport] networks and
services] in its territory does not impose unreasonable or [CO/JP/PA/PE propose:
discriminatory] conditions or limitations on the resale of its public telecommunications
services.]
LIMITED
20
Article 12: Obligations Relating to Major Suppliers [PA propose:7
]
[CA/EU/IS/LI/NO propose; CH oppose: Access to essential facilities
Each Party shall ensure that a major supplier in its territory grants access to its essential facilities,
which may include, inter alia, network elements, [EU/NO propose: and] associated facilities [and
ancillary services,] to suppliers of telecommunication services on reasonable and nondiscriminatory
terms and conditions.] [EU/NO propose: except when, following a market review,
the regulatory authority determines that this is not necessary to achieve effective competition.]
[CA: Each Party may determine in accordance with its laws and regulation those essential facilities
required to be made available in its territory.]
Treatment of Major Suppliers
1. [AU/CA/CL/CO/IL/IS/JP/KR/LI/NO/NZ/PA/PE/US propose: Each Party shall ensure
that any major supplier in its territory accords suppliers of public telecommunications services of
another Party treatment no less favourable than such major supplier accords
[CL/CO/JP/MX/NZ/PE/US propose: in like circumstances] to
[AU/CA/IL/JP/KR/MX/NZ/PE/US oppose; CO considering: itself,] its subsidiaries, its
affiliates, or non-affiliated service suppliers regarding:
(a) the availability, provisioning, rates, or quality of like public telecommunications
services; and
(c) the availability of technical interfaces necessary for interconnection.]
Competitive Safeguards
2. [AU/CA/CH/CL/CO/CR/EU/HK/IS/JP/KR/LI/MX/NO/NZ/PA/PE/TR/TW/US
propose; IL considering: Each Party shall maintain appropriate measures for the purpose of
preventing suppliers of [CO/MX/PE/US propose: public] telecommunications [CA/CO/MX
propose: networks and] services that, alone or together, are a major supplier in its territory from
engaging in or continuing anticompetitive practices.]
3. [AU/CA/CH/CL/CO/CR/EU/IS/JP/HK/KR/LI/NO/NZ/PA/PE/TR/TW/US propose;
IL/MX considering: The anticompetitive practices referred to in paragraph 2 [CH propose: shall]
include, in particular:
(a) engaging in anticompetitive cross-subsidization;
(b) using information obtained from competitors with anticompetitive results; and
(c) not making available, on a timely basis, to suppliers of [CO/PE/US propose:
public] telecommunications [CA/CO propose: networks and] services [CH

LIMITED
21
propose: of another Party], technical information about essential facilities and
commercially relevant information that are necessary for them to provide
services [CR propose:
8
]] [HK propose; CL considering: resulting in
anticompetitive effect to the relevant markets].
Resale
[US propose alt: 4. Each Party shall ensure that major suppliers in its territory:
(a) offer for resale, at reasonable rates , to [IL propose: licensed] suppliers of public
telecommunications services of another Party, public telecommunications services
that such major supplier provides at retail to end users; and
(b) do not impose unreasonable or discriminatory conditions or limitations on the resale
of such services.]
X1. Each Party may determine in accordance with its law and regulations which public
telecommunications services must be offered for resale by major suppliers pursuant to paragraph 4,
based on the need to promote competition or to benefit the long-term interests of end-users.
X2. Where a Party does not require that a major supplier offer a specific public
telecommunications service for resale, it shall nonetheless allow service suppliers to request that
such service be offered for resale consistent with paragraph 4, without prejudice to the Party’s
decision on such a request.
Interconnection
X. [CH propose: Each Party shall ensure that [all] suppliers of public telecommunications
transport networks or: services in its territory have the obligation, in accordance with paragraphs
2.1 to 2.5 of the GATS Reference Paper on Basic Telecommunications (Interconnection), to:
[provide, directly, or indirectly within the same territory, interconnection: on
commercial terms and in a non-discriminatory manner with other suppliers of
public telecommunications / transport: networks or / services of another Party /
CH is considering whether its proposal could be merged into Article 11 or whether it
would stay as Article X.
5. [CA/HK/PA propose; AU/CO/EU/JP/KR/PE/US oppose: Subject to a Party’s
conditions, limitations and qualifications inscribed in its Schedule of Specific Commitments]
[AU/CA/CL/CO/CR/JP/KR/MX/PA/PE/US propose: Each Party shall ensure that a major
supplier in its territory provides interconnection for the facilities and equipment of suppliers
of public telecommunications [CA propose: networks or] services of another Party:

8
[CR propose: This information shall be provided according to the applicable national legislation.]
LIMITED
22
(a) at any technically [CR propose: and economically] feasible point in the [US
propose: major supplier’s] network;
(b) under non-discriminatory terms, conditions (including technical standards and
specifications), and rates;
(c) of a quality no less favourable than that provided by the major supplier for its own
like services, for like services of non-affiliated service suppliers, or for its
subsidiaries or other affiliates;
(d) in a timely fashion, and on terms and conditions (including technical standards and
specifications), and at cost-oriented rates, that are transparent, reasonable, having
regard to economic feasibility, and sufficiently unbundled so that the suppliers need
not pay for network components or facilities that they do not require for the service
to be provided; and
(e) on 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.]
Interconnection Offers and Agreements
6. [AU/CA/CL/CO/CR/EU/JP/KR/NO/NZ/PE/US propose: Each Party shall ensure that
a major supplier in its territory provides suppliers of public telecommunications services of
another Party the opportunity to interconnect their facilities and equipment with those of the
major supplier through:
(a) a reference interconnection offer or [CR considering: another standard
interconnection offer] containing the rates, terms, and conditions that the major
supplier offers generally to suppliers of public telecommunications services; or
(b) the terms and conditions of an interconnection agreement in effect.
In addition, each Party shall ensure that suppliers of public telecommunications services of another
Party have the opportunity to interconnect their facilities and equipment with those of the major
supplier through negotiation of a new interconnection agreement.]
Public Availability of Interconnection Offers and Agreements
[US: proposes deleting the above sub-title “Public Availability of Interconnection Offers and
Agreements”.]
[CH: The issues of "interconnection offers" and "interconnection agreements" should be covered
here (in para. 7).]
LIMITED
23
7. [CO/CR/PA propose: If a major supplier in the territory of a Party has a reference
interconnection offer] [CO propose: or other standard interconnection offers containing the rates,
terms, and conditions that the major suppliers offer generally to suppliers of telecommunications
services] [CO/CR/PA propose: the Party shall require the offer to be made publicly available.]
[TW propose; CR considering: Based on the negotiations between major suppliers, reference
interconnection offer shall be made publicly available by a telecommunications regulatory body,
except in the case of commercial confidentiality, patents, and other intellectual property.]
[CL/NZ/PE/US propose alt: 7. Each Party shall provide a means for suppliers of
another Party to obtain the rates, terms, and conditions necessary for interconnection
offered by a major supplier. Such means include, at a minimum, ensuring:
(a) the public availability of interconnection agreements in effect between a
major supplier in its territory and other suppliers of public
telecommunications services in its territory; or
(b) the public availability of rates, terms, and conditions for interconnection
with a major supplier set by the telecommunications regulatory body or
other competent body; or
(c) the public availability of a reference interconnection offer.]
Public Availability of the Procedures for Interconnection Negotiations
[US: proposes deleting the above sub-title “Public Availability of the Procedures for
Interconnection Negotiations”.]
8. [AU/CL/CO/EU/JP/NO/NZ/PA/PE/US propose: Each Party shall make
publicly available the applicable procedures for interconnection negotiations with a
major supplier in its territory.]
9. [CO/PA/PE/NO propose: Each Party shall require] [NO propose: or have the
possibility to require] [CO/PA/NO propose: a major supplier in its territory to file all
interconnection agreements to which it is party with its telecommunications regulatory body.9
]
Public Availability of Interconnection Agreements Concluded with Major Suppliers
[US: proposes deleting the above sub-title “Public Availability of Interconnection Agreements
Concluded with Major Suppliers”]
10. [CO/PA propose: Each Party shall make publicly available interconnection agreements
in effect [TR propose: without prejudice to the confidentiality of commercial secrets between a
major supplier [TR propose: which does not have a reference interconnection offer] in its
territory and other suppliers of public telecommunications services in its territory.]

9
[US propose: The United States may comply with paragraph 9 by requiring filing with a state regulatory authority.]
LIMITED
24
[US/JP propose: Provisioning and Pricing of Leased Circuits Services]
11. Each Party shall ensure that a major supplier in its territory provides service suppliers of
another Party [JP propose: with] leased circuits services that are public telecommunications
services [JP considering: in a reasonable period of time] on terms and conditions, and at rates, that
are reasonable and non-discriminatory, [JP considering: and based on a generally available offer].
12. In carrying out paragraph 11, each Party shall provide its telecommunications regulatory
body or other appropriate bodies the authority to require a major supplier in its territory to offer
leased circuits services that are public telecommunications services to service suppliers of another
Party at capacity-based, and cost-oriented prices.
Unbundling of Network Elements
13. [CO/JP propose; IL/KR/CH/TR oppose; MX considering: Each Party, through its
regulators, shall ensure that major suppliers in its territory provide public telecommunications
service suppliers with access to network elements on an unbundled basis on terms and conditions,
and at cost-oriented rates, that are reasonable [MX propose: competitive], non-discriminatory and
transparent. Each Party shall ensure, through its regulators, to seek and consider the views of
interested persons before deciding which network elements shall be unbundled.]
LIMITED
25
[EU oppose: Article 13: Undersea Cables and Landing Facilities and Services
1. [CO/US propose: Where a supplier of telecommunications services in the territory of a
Party operates a submarine cable system to provide public telecommunications services, that
Party shall ensure that the supplier accords suppliers of public telecommunications services of
another Party reasonable and non-discriminatory treatment with respect to access 10 to that
submarine cable system, including landing facilities.]
2. [CO/US propose: Where a major supplier of international public telecommunications
services in the territory of a Party controls cable landing facilities and services for which there are
no economically or technically feasible alternatives, the Party shall ensure that the major supplier:
[KR propose:
11]
(a) permits suppliers of public telecommunications services of another Party to:
(i) use the major supplier’s cross-connect links in the submarine cable landing
station to connect their equipment to backhaul links and submarine cable
capacity of any supplier of telecommunications; and
(ii) co-locate their transmission and routing equipment used for accessing
submarine cable capacity and backhaul links of any supplier of
telecommunications in the submarine cable landing station on terms and
conditions, and at cost-oriented rates, that are reasonable, transparent, and
non-discriminatory; and
(b) provides suppliers of telecommunications of another Party international leased
circuits, backhaul links, and cross-connect links in the submarine cable landing
station on terms and conditions, and at rates, that are reasonable, transparent, and
non-discriminatory.12]
3. [US propose: PLACEHOLDER for undersea cable access provisions related to
protecting the rights to lay, maintain and repair submarine cables.]

10 [US propose: With respect to a supplier of the other Party that does not own facilities in the territory of the Party in
which the cable landing system is located, that Party may comply with paragraph a by ensuring access to the
submarine cable system through facilities that the supplier of another Party leases from a licensed supplier of public
telecommunications services in the territory of the Party.]
11 [KR propose: Paragraph 2 applies to Korea only with respect to suppliers of public telecommunications services
that Korea has licensed as facilities-based suppliers of public telecommunications services.]
12 [US propose: Notwithstanding paragraph (b), a Party may permit a major supplier in its territory to limit access to
or use of its submarine cable landing station if capacity at the station is unavailable.]
LIMITED
26
Article 14: Universal Service
[AU/CA/CL/TW/CO/CR/EU/HK/IL/IS/JP/KR/LI/NZ/NO/PA/PE/CH/TR/US propose; MX
considering: Each Party has the right to define the kind of universal service obligation it wishes to
adopt or maintain. Each Party shall administer any universal service obligation that it maintains in
a transparent, non-discriminatory, and competitively neutral manner and shall ensure that its
universal service obligation is not more burdensome than necessary for the kind of universal
service that it has defined.]
LIMITED
27
Article 15: Allocation and Use of Scarce Resources
1. [AU/CA/CL/CO/CR/EU/HK/IS/IL/JP/KR/LI/MX/NO/PA/PE/CH/TR/TW/US
propose; NZ considering: Each Party shall administer its procedures for the allocation and use
of scarce telecommunications resources, including frequencies, numbers, and rights-of-way, in
an objective, timely, transparent, and non-discriminatory manner.]
Spectrum
2. [AU/CA/CL/CO/CR/EU/HK/IS/JP/KR/MX/NZ/NO/PA/PE/CH/TR/TW/US
propose: Each Party shall make publicly available the current state of frequency bands
allocated [CO/HK/KR/PE/CH/TR oppose: and assigned to specific [JP oppose: suppliers]
[JP propose: enterprises]] but retains the right not to provide detailed identification of
frequencies allocated [CH considering: or assigned] for specific government uses.]
3. [CH propose: Parties are encouraged to empower regulators with impartial, marketoriented
means, including auctions, to assign terrestrial spectrum to commercial users.]
[AU/CA/CL/TW/CO/EU/HK/IL/JP/KR/NZ/NO/PA/PE/TR/US propose; CR considering:
When making a spectrum allocation for commercial [US considering: telecommunication]
services, each Party shall endeavour to rely on an open and transparent process that considers the
overall public interest, including the promotion of competition. Each Party shall endeavour to rely
generally on market-based approaches in assigning spectrum for terrestrial commercial
telecommunications services. To this end, each Party shall have the authority to use mechanisms
such as auctions, where appropriate to assign spectrum for commercial use.]
4. [AU/CA/CL/CO/CR/EU/HK/IL/JP/KR/NZ/PA/PE/TR propose: A Party’s measures
allocating and assigning spectrum and managing frequencies [CL/CO/KR propose: are not
measures that are per se inconsistent with Article I-X (Market Access)]
[AU/CA/CR/EU/HK/IL/JP/NZ/PA/TR propose: shall not be considered inconsistent with
Article I-3 (Market Access)] [PA propose: provided that those measures are applied in a manner
that is consistent with the other provisions of this Agreement].
[AU/CA/CL/CR/KR/EU/JP/NZ/PA/PE/TR propose: Accordingly.]
[AU/CA/CL/CO/EU/TW/IL/JP/KR/NZ/PA/PE/TR/US propose: Each Party retains the right to
establish and apply its spectrum and frequency management policies that may [TW/IL/JP/PA
propose: limit] [AU/CA/CL/CO/CR/EU/KR/NZ/PE/TR/US propose: have the effect of
limiting] the number of suppliers of a public telecommunications service
[AU/CA/CL/CO/EU/JP/KR/PE/TR/US propose; CR oppose: provided it does so in a manner
consistent with other provisions of this Agreement]
[AU/CA/CL/CO/CR/EU/JP/KR/NZ/PA/PE/TR/US propose: This includes the ability]
[AU/EU/KR oppose: Each Party also retains the right]
[AU/CA/CL/CO/CR/EU/JP/PA/US/KR/NZ/PE/TR propose: to allocate frequency bands taking
into account present and future needs] [AU/CA/CL/CO/CR/EU/JP/KR/NZ/PA/TR/US propose:
and spectrum availability].
Alt: 4. [AU/CA/CL/CO/EU/LI/NO/PA/PE/TR propose; TW/IL/KR/MX/US considering: A
Party’s measures allocating and assigning spectrum and managing frequencies shall not be
LIMITED
28
considered inconsistent with Article I-3 (Market Access). Accordingly, each Party retains the right
to establish and apply its spectrum and frequency management policies that may have the effect of
limiting the number of suppliers of a public telecommunications service provided it does so in a
manner consistent with other provisions of this Agreement. This includes the ability to allocate
frequency bands, taking into account present and future needs, and spectrum availability.
6. [AU/CA/CR/PE oppose; [JP/TR propose: Each Party shall] [CH propose: Parties
should] [JP/CH/TR propose: maximize the availability and use of spectrum by] [JP/TR propose:
endeavouring] [CH propose: working] [JP/CH/TR propose: to ensure that it is managed
effectively and efficiently, and, where appropriate, in accordance with applicable [TR propose:
decisions and] recommendations of the International Telecommunication Union
Radiocommunication Sector (ITU-R)].
Numbers
7. [CO/IL/JP/PE/US propose; CR/EU/TR oppose: Each Party shall ensure [IL propose:
licensed] suppliers of public telecommunications services of another Party established in its
territory are afforded access to telephone numbers on a non-discriminatory basis.
(a) [CL/CO/CR/JP/KR/PE/TW/TR oppose: To the extent that a Party extends
eligibility for access to telephone numbers to services suppliers other than
telecommunications services suppliers, such eligibility will be extended to
suppliers of like services of another Party on a non-discriminatory basis.]
(b) [CL/CO/CR/IL/JP/KR/PE/TW/TR oppose: No Party shall prevent suppliers
eligible to obtain numbers from making such numbers available to other
services suppliers.]]
8. [CR/TR oppose: [CA/CO/EU/IL/JP/US propose: Each Party shall ensure that [IL
propose: licensed] suppliers of public telecommunications services [EU/TW oppose: and any
other suppliers] [EU oppose: eligible for access to telephone numbers] in its territory provide
number portability [CO/JP propose; CA/EU oppose: and any other services designated by that
Party] [HK propose; EU oppose: where applicable] [CO/HK propose; CA/EU oppose: to the
extent technically [CO/HK propose; CA/EU oppose: and economically] feasible,] and on
reasonable terms and conditions.]]
[CL/CR/TW/KR/TR propose alt; IL considering: 8. Each Party shall ensure that [CR/IL
propose: licensed] suppliers of public telecommunications services [KR/TR propose: in its
territory] provide number portability [CR propose: for mobile services] [KR propose: to the
extent technically feasible, and] on reasonable terms and conditions.]
LIMITED
29
Article 16: International Mobile Roaming
1. [AU/CL/CO/EU/HK/IL/IS/LI/JP/PE/NO/NZ/TR propose; CH considering: The Parties
shall endeavour to cooperate on [EU propose: enhancing transparency and competition with a
view to] promoting transparent and reasonable rates for international mobile roaming services that
can help promote the growth of trade among the Parties and enhance consumer welfare.]
2. [AU/CL/EU/HK/IL/IS/LI/JP/NO/NZ/TR propose; [CH considering: Parties may
choose to take steps to enhance transparency] and competition [CH considering: with respect to
international mobile roaming rates and technological alternatives to roaming services], such as:]
[CO/PE propose: Each Party shall adopt or maintain measures to:]
(a) [AU/CL/CO/EU/HK/IL/IS/LI/JP/NO/NZ/PE/TR propose: ensuring that
information regarding retail rates is easily accessible to consumers; and]
(b) [AU/CL/CO/EU/HK/IL/IS/LI/NO/NZ/PE/TR propose; JP considering:
minimising impediments to the use of technological alternatives to roaming,
whereby consumers visiting the territory of a Party from the territories of other
Parties can access telecommunications services using the device of their choice.]
3. [AU/EU/NO/TR propose; CH considering: Each Party shall [EU/NO/TR propose; CH
considering: ensure that suppliers] [AU/TR propose; CH considering: provide] [EU/NO
propose: ensure the provision of] information on rates for retail international mobile roaming
services for voice, data, and text messages offered to [EU/TR propose; CH oppose: its]
consumers [CH/EU/TR oppose: of other Parties visiting its territory, when requested by a Party.]]
3. [CO/PE propose alternate: In compliance with the provisions of subparagraph 2 (a), each
Party shall ensure that:
(a) suppliers of public telecommunications services in its territory; or
(b) its telecommunications regulatory body;
make public available retail rates for mobile international roaming services, for voice, data
and text messages.]
[TR reserves its position on paragraphs 4-6]
4. [AU/CO/NO/NZ propose: The Parties recognise that a Party may choose to adopt or
maintain measures affecting rates or conditions, for wholesale international roaming services with
a view to ensuring such rates or conditions are reasonable. Where a Party considers it appropriate,
it may cooperate on and implement mechanisms with other Parties to facilitate the implementation
of such measures, including by entering into arrangements with such Parties.]
4. [PE propose alternate: The Parties shall evaluate the possibility of establishing
mechanisms to regulate international wholesale roaming services offered between the Parties for
voice, data and messaging.]
LIMITED
30
5. [AU propose: If a Party
(a) chooses to regulate rates or conditions for wholesale international mobile roaming
services; and
(b) has entered into an arrangement with another Party to reciprocally regulate rates or
conditions for wholesale international mobile roaming services for suppliers of the
two Parties;
it shall ensure that a supplier of public telecommunications services of that other Party has access
to the regulated rates or conditions for wholesale international mobile roaming services for its
customers roaming in the territory of the first Party.13]
6. [AU propose: A Party that ensures access to regulated rates or conditions for wholesale
international mobile roaming services consistent with paragraph 5 shall be deemed to be in
compliance with its obligations under XX.XX (e.g. non-discrimination obligations) with respect to
international mobile roaming services.]
7. [AU propose: For greater certainty:
(a) nothing in this Article shall require a Party to regulate rates or conditions for
international mobile roaming services.
(b) no Party may, solely on the basis of any obligations owed to it by the regulating
Party under a most-favoured-nation provision, or under a telecommunicationsspecific
non-discrimination provision, in any existing international trade agreement,
seek or obtain for its suppliers access to regulated rates or conditions for wholesale
international mobile roaming services that is provided under this Article.]

13 [AU propose: For greater certainty, access under paragraph 5 to the rates or conditions regulated by one Party shall
be available to a supplier of another Party only if such regulated rates or conditions are reasonably comparable to those
reciprocally regulated under the arrangement referred to in sub-paragraph (b). The telecommunications regulatory
body of the first Party shall, in the case of a disagreement, determine whether the rates or conditions are reasonably
comparable.]
LIMITED
31
Article 17: International Standards and Organisations
[CA/CO/JP/MX/NO/PA propose: The Parties recognize the importance of international standards
for global compatibility and interoperability of telecommunications networks or services and
undertake to promote those standards through the work of relevant international bodies, including
the International Telecommunication Union and the International Organization for
Standardization.]
LIMITED
32
Article 18: [JP/CH propose: International Cooperation]
(a) [JP/NO propose: Each Party shall endeavour to cooperate with the other Parties to
increase the level of digital literacy globally and reduce the “digital divide.”]
(b) [CO/CH/JP propose: Parties will [CO propose: to the extent possible] exchange
information in the area of [CO/JP/MX oppose: electronic commerce and]
telecommunications Services. That may include information on, inter alia:
(i) technological developments and research in the area of [CO/JP/MX
oppose: electronic commerce and] telecommunications services;
(ii) commercial and technical aspects of the supply of [CO/JP/MX oppose:
electronic commerce and] telecommunications Services through all modes
of supply;
(iii) available possibilities for the exchange of [CO/JP/MX oppose: electronic
commerce and] telecom-related technology; and
(iv) applicable laws and regulations, legislative processes and recent legislative
developments; applicable technical standards.]
(c) [CO/NO/CH/JP propose: Parties will exchange views on developments related to
[CO/JP/MX oppose: electronic commerce] and telecommunications Services at the
international level.]
[CH/JP propose: Promotion
Parties affirm their intention to:
(i) [JP propose: promote these provisions in order to contribute to the
expansion and spread of [JP oppose: electronic commerce and]
telecommunications Services];
(ii) [JP oppose: work together and cooperate in international fora to increase
the level of digital literacy and to reduce the global digital divide];
(iii) [JP propose: cooperate with third countries with a view to enhancing
national regulatory capacity and to contribute to the spread of [JP oppose:
electronic commerce and] telecommunications Services, which are powerful
tools for promoting economic development.]
LIMITED
33
Article 19: [CH propose: Review
Parties intend to review these provisions from time to time, with a view to discussing their
implementation and use and to further refining and expanding them, as appropriate.]
LIMITED
34
Article 20: Definitions
[JP would like to know the reason “public telecommunications networks and services” is used
instead of “public telecommunications transport networks and services” used in GATS Annex.]
For purposes of this Annex:
[EU/NO propose: associated facilities means those services and infrastructures associated with a
telecommunications network and/or service which are necessary for the provision of services via
that network and/or service, such as buildings (including entries and wiring), ducts and cabinets,
masts and antennae.]
[AU/CO propose: authentication means the process or act of establishing the identity of a party
to an electronic communication or transaction or ensuring the integrity of an electronic
communication.]
[CO/US propose: backhaul links means end-to-end transmission links from a submarine cable
landing station to another primary point of access to any public telecommunications network.]
[CO: It is Colombia’s understanding that backhaul is not related to a specific technology like
submarine cable. It is the portion of the network that links the core network, or backbone, and
subnetworks at the "edge" of the hierarchical network.]
[CO propose: consumer means the recipient or user of an electronic services.]
[AU/CA/CO/PA/US propose: cost-oriented means based on cost, and may include a
reasonable profit, and may involve different cost methodologies for different facilities or
services.]
[CO/US propose: cross-connect links means the links in a submarine cable landing station used
to connect submarine cable capacity to the transmission, switching, or routing equipment of any
supplier of public telecommunications services co-located in that submarine cable landing station.]
[CO propose: electronic commerce means any cross-borders business or commercial transaction
concluded by electronic means; including, among others, contracts for distribution services,
construction works, consulting services, engineering services and business services.]
[CO propose: electronic government services means any electronic service provided by the
government of a Party which is integral to the delivery of services covered by this Agreement.]
[CO: Colombia proposes this new definition related to “electronic service” and “Interoperability”.]
[CO propose: electronic service means any service supplied cross-border by electronic means.
Electronic services include, among others, digital contents and applications.]
[CO: New definition aimed at properly distinguish between the service traded on Mode 1 by
electronic means and the online transaction (e-commerce) behind that service.]
LIMITED
35
[EU: electronic signature means data in electronic form which are attached to or logically
associated with other electronic data and fulfils the following requirements:
(i) it is used by a person to agree on the electronic data to which it relates;
(ii) it is linked to the electronic data to which it relates in such a way that any
subsequent alteration in the data is detectable.]
[CO propose: electronic transmission or transmitted electronically means the transfer of digital
products using any electromagnetic or photonic means.]
[CO: New definition related to different commitments, particularly “Duties on Electronic
Transmission”.]
[AU/CO/PA/TR/US propose: end-user means a final consumer of or subscriber to a public
telecommunications service, including a service supplier other than a supplier of public
telecommunications services.]
[AU/CO propose; KR oppose: enterprise means any entity constituted or organized under
applicable law, whether or not for profit, and whether privately or governmentally owned or
controlled, including any corporation, trust, partnership, sole proprietorship, joint venture,
association, or similar organization and includes a branch of an enterprise.]
[AU/CA/CO/EU/PA/US propose: essential facilities means facilities of a public
telecommunications network or service that:
(a) are exclusively or predominantly provided by a single or limited number of
suppliers; and
(b) cannot feasibly be economically or technically substituted in order to supply a
service.]
[EU/NO propose: granting access to essential facilities means the making available of facilities
and/or services to another supplier under defined conditions, for the purpose of providing
telecommunications services. It may include the use of active or passive network elements,
associated facilities, virtual network services, co-location or other forms of associated facilities
sharing, the use of terminating segments of leased lines and the use of specified network facilities
or elements, including the local loop, on an unbundled basis.]
[AU/CA/CO/PA/TR/US propose: interconnection means linking with suppliers providing public
telecommunications [CA/TR propose: networks or] [AU/CA/CO/PA/TR/US propose: 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.]
[AU propose: international mobile roaming service means a commercial mobile service
provided pursuant to a commercial agreement between suppliers of public [EU propose:
LIMITED
36
terrestrial] telecommunications services that enables end-users to use their home mobile handset or
other device for voice, data or messaging services while outside the territory in which the enduser’s
home public telecommunications network is located.]
[CO/PA/TR propose: intra-corporate communications means telecommunications through
which a company communicates within the company or with or among its subsidiaries, branches
and, subject to a Party’s domestic laws and regulations, affiliates. For these purposes,
“subsidiaries”, “branches” and, where applicable, “affiliates” shall be as defined by each Party.
“Intra-corporate communications” in this Annex excludes commercial or non-commercial services
that are supplied to companies that are not related subsidiaries, branches or affiliates, or that are
offered to customers or potential customers.]
[CA/CO/PA/TR/US propose: leased circuits means telecommunications facilities between
two or more designated points that are set aside for the dedicated use of, or availability to, a
user] [US propose: and supplied by a supplier of fixed telecommunications services;] [CO
propose: to a particular consumer or other users of the customer’s choosing.]
[AU/TR/US propose: license means any authorization that a Party may require of a person,
in accordance with its laws and regulations, in order for such person to offer a
telecommunications service, including [CR propose: but not limited to] concessions, permits,
[or] registrations [TR propose: or notifications].]
[CO/JP would like to clarify the reason US would like to set out the definition “license.”]
[CR: would the definition proposed by AU/TR/US include the authorisations required to
operate networks?]
[AU/PA/TR/US propose: major supplier means a supplier of public telecommunications
[CA/TR propose: networks or] services that has the ability to materially affect the terms of
participation (having regard to price and supply) in the relevant market for public
telecommunications services as a result of:
(a) control over essential facilities; or
(b) use of its position in the market;]
[JP would like to know the reason PA/US use “public telecommunications service” instead of
“basic telecommunications service” used in GATS Annex.]
[CO/PA propose; network [CO propose: element] means a facility or equipment used in
supplying a public telecommunications service, including features, functions, and capabilities
provided by means of such facility or equipment.]
[CO: It is Colombia’s understanding that a network implies a set of elements linked, not a single
element or equipment.]
[AU/CA/US propose: non-discriminatory means treatment no less favourable than that
LIMITED
37
accorded to any other user of like public telecommunications [CA propose: networks or]
services in like circumstances, including with respect to timeliness.]
[JP would like to clarify the reason “timeliness” is added to the definition in GATS Annex.]
[AU/CO/EU/TR/US propose: number portability means the ability of end-users of public
telecommunications services to retain, [EU oppose: at the same location, the same telephone
numbers] [EU propose: the same respective fixed and mobile telephone number, for
geographical/fixed numbers at the same location,] without impairment of quality, reliability, or
convenience when switching between [EU/US propose: the same category of] suppliers of public
telecommunications services.]
[AU/CO/NZ propose: personal information means any information, including data, about an
identified or identifiable natural person.]
[Proponents will consult on this definition of personal information.]
[AU/CA/CO/PA/TR/US propose: public telecommunications network means
telecommunications infrastructure used to provide public telecommunications services]
[CA/PA/TR propose: which permits telecommunications between and among] [US propose:
between] [CA/PA/US propose: defined network termination points.]
[CA/CO/JP/PA/TR/US propose: public telecommunications service [CR propose: or
telecommunications services available to the public] means any telecommunications service that
a Party requires, explicitly or in effect, to be offered to the public generally. Such services may
include, inter alia, telephone and data transmission] [JP propose: including internet] [JP/PA/US
propose: typically involving [CA propose: the real-time transmission of] customer-supplied
information between two or more defined points without any end-to-end change in the form or
content of the customer’s information] [CO/PA propose: but does not include information
services.]
[TW shares the same view as PA with respect to the exclusion information services.]
[JP/TW would like to clarify that “Internet” is included in the public telecommunications services
in the definition.] [CO: Would like further clarification on the scope of the terms “data
transmission” and “including internet”.]
[AU/CO/US propose: reference interconnection offer means an interconnection offer extended
by a major supplier and filed with, or approved by, or determined by a telecommunications
regulatory body that sufficiently details the terms, rates, and conditions for interconnection such
that a supplier of public telecommunications services that is willing to accept it may obtain
interconnection with the major supplier on that basis, without having to engage in negotiations
with the major supplier concerned.]
[CO/JP/TR would like to clarify the reason US would like to set out the definition of “reference
interconnection offer.”]
LIMITED
38
[AU/CA/PA/TR/US propose: telecommunications means the transmission and reception of
signals by any electromagnetic [PA: and photonic] means [US propose: including by photonic
means].]
[EU propose: telecommunications network means telecommunications infrastructure,
including networks used for transmission of broadcasting signals, used to provide
telecommunications services.]
[AU/CA/CO/PA/US propose: telecommunications regulatory body means a] [CO/PA propose:
national] body or bodies [CA propose: of a Party] responsible for the regulation of
telecommunications [PA propose: according to domestic legislation].
[JP would like to clarify the meaning of “national” in PA’s bracket.]
[EU propose: telecommunication services means the transmission and reception of signals over
telecommunication networks by any electromagnetic means. Those services exclude services
providing, or exercising editorial control over, content transmitted using telecommunication
networks and services.14]
[AU propose: unsolicited commercial electronic message means an electronic message which is
sent for commercial and marketing purposes to an electronic address without the consent of the
recipient or against the explicit rejection of the recipient, using an Internet access service supplier
and, to the extent provided for under the domestic laws and regulations of each Party, other
telecommunications service.”] and
[AU/CO/PA/US propose: user means a service consumer or a service supplier.]

14 [EU propose: For greater certainty: services providing or exercising editorial control over content transmitted
include inter alia radio and television services as defined by CPC 9613.]

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx9

Trade in Services Agreement (TiSA)
Financial Services Annex (February 2015)
WikiLeaks release: June 3, 2015
This is the secret February 2015 draft of the Trade in Services Agreement (TiSA) Financial Services
Annex, including negotiating positions.
TiSA is currently under negotiation between the United States, the European Union and 23 other
countries. The Agreement creates an international legal regime which aims to deregulate and privatize the
supply of services - which account for the majority of the economy across TiSA countries.
The draft Annex sets rules which would assist the expansion of financial multi-nationals – mainly
headquartered in New York, London, Paris and Frankfurt – into other nations by preventing regulatory
barriers.
This text dates from shortly after the 11th round of TiSA negotiations held from 9-13 February 2015 in
Geneva, Switzerland.
Description
Keywords: TiSA, Trade in Services Agreement, WTO, GATS, G20, BCBS, IAIS,
IOSCO, FATF, OECD, United States, European Union, Australia,
Canada, Chile, Chinese Taipei (Taiwan), Colombia, Costa Rica, Hong
Kong, Iceland, Israel, Japan, Liechtenstein, Mauritius, Mexico, New
Zealand, Norway, Pakistan, Panama, Paraguay, Peru, South Korea,
Switzerland, Turkey, Uruguay, draft, bracketed text, negotiating
positions, financial services, investment, banking, credit, privacy
Restraint: Limited - contains TISA-U.S. CONFIDENTIAL Information Modified
handling authorized
Title: Trade in Services Agreement (TiSA) Annex [X]: Financial Services
Date: February 23, 2015
Group: Trade in Services Agreement
Author: Trade in Services Agreement country negotiators
Link: https://wikileaks.org/tisa/financial/02-2015/
Pages: 17
This Document Contains TISA – U.S. CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
Reason: 1.4(b)
Declassify on: Five years from entry
into force of the TISA
agreement or, if no
agreement enters into
force, five years from
the close of the
negotiations.
* This document must be protected from
unauthorized disclosure, but may be
mailed or transmitted over unclassified email
or fax, discussed over unsecured
phone lines, and stored on unclassified
computer systems. It must be stored in a
locked or secured building, room, or
container.
Annex [X]: Financial Services
23 February 2015
This Document Contains TISA – U.S. CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
2
Annex [X]: Financial Services
This draft is without prejudice to further proposals or positions of the proponents.
_________________________
EU/PA/US/CA/AU/JP/NO/CO/MX/PE/CL/CR/LI/TW/IS/TR/KR propose; PK
considering: Article X.1: Scope
1. This section/Annex applies to measures [CH/PK propose; JP/CL/CR/MX oppose: by
Parties affecting trade in] [CL/HK/CO/PE/MX propose: affecting the supply of]
financial services [TR/HK/TW propose; CH/IS/NZ/IL/CR/PK considering;
JP/AU/EU/CL/CA/CO/PE/MX/KR oppose: subject to any conditions, reservations
and qualifications inscribed in its schedule of specific commitments.]
[CL/NZ/JP/US/PA/AU/CR/MX/EU propose; CA/CH considering: Reference to the
supply of a financial service in this Annex shall mean the supply of a service as defined
in paragraph 2 of Article I-1 of the Agreement.] [PE propose; EU oppose: ‘Supply of
financial services’ shall be understood in accordance with Paragraph 2 of Article I-1 of
the Agreement.]
2. For the purposes of subparagraph 3(b) of Article I-1 of the Agreement, “services
supplied in the exercise of governmental authority” means the following:
(a) activities conducted by a central bank or monetary authority or by any other
public entity in pursuit of monetary or exchange rate policies;
(b) activities forming part of a statutory system of social security or public
retirement plans; and
(c) other activities conducted by a public entity for the account or with the
guarantee or using the financial resources of the Party or its public entities.
3. For the purposes of subparagraph 3(b) of Article I-1 of the Agreement, if a Party
allows any of the activities referred to in subparagraphs (b) or (c) of paragraph 2 of this
Article to be conducted by its financial service suppliers in competition with a public entity
or a financial service supplier, “services” shall include such activities.
4. Subparagraph 3(c) of Article I-1 of the Agreement shall not apply to services
covered by this Annex.
Article X.2: Definitions
For purposes of this Annex/section:
(a) A financial service is any service of a financial nature offered by a financial
service supplier of a Party. Financial services include all insurance and
insurance-related services, and all banking and other financial services
(excluding insurance). Financial services include the following activities:
This Document Contains TISA – U.S. CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
3
Insurance and insurance-related services
(i) direct insurance (including co-insurance):
(A) life;
(B) non-life;
(ii) reinsurance and retrocession;
(iii) insurance intermediation, such as brokerage and agency;
(iv) services auxiliary to insurance, such as consultancy, actuarial, risk
assessment and claim settlement services;
Banking and other financial services (excluding insurance)
(v) acceptance of deposits and other repayable funds from the public;
(vi) lending of all types, including consumer credit, mortgage credit,
factoring and financing of commercial transaction;
(vii) financial leasing;
(viii) all payment and money transmission services, including credit, charge
and debit cards, travellers cheques and bankers drafts;
(ix) guarantees and commitments;
(x) trading for own account or for account of customers, whether on an
exchange, in an over-the-counter market or otherwise, the following:
(A) money market instruments (including cheques, bills,
certificates of deposits);
(B) foreign exchange;
(C) derivative products including, but not limited to, futures and
options;
(D) exchange rate and interest rate instruments, including
products such as swaps, forward rate agreements;
(E) transferable securities;
(F) other negotiable instruments and financial assets, including
bullion;
(xi) participation in issues of all kinds of securities, including
underwriting and placement as agent (whether publicly or privately)
and provision of services related to such issues;
(xii) money broking;
(xiii) asset management, such as cash or portfolio management, all forms
of collective investment management, pension fund management,
custodial, depositary and trust services;
This Document Contains TISA – U.S. CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
4
(xiv) settlement and clearing services for financial assets, including
securities, derivative products and other negotiable instruments;
(xv) provision and transfer of financial information, and financial data
processing and related software by suppliers of other financial
services;
(xvi) advisory, intermediation and other auxiliary financial services on all
the activities listed in subparagraphs (v) through (xv), including
credit reference and analysis, investment and portfolio research and
advice, advice on acquisitions and on corporate restructuring and
strategy.
(b) A “financial service supplier” means any natural or juridical person of a
Party seeking [CH propose: wishing] to supply or supplying financial
services but the term “financial service supplier” does not include a public
entity.
(c) [EU/PA/US/CA/AU/NO/JP/MX/CO/CL/LI/PE/CR/TR/CH/NZ/IS/UY
propose; HK/KR considering: “public entity” means:
(i) a government, a central bank or a monetary authority, of a Party, or
an entity owned or controlled by a Party, that is principally engaged
in carrying out governmental functions or activities for governmental
purposes, not including an entity principally engaged in supplying
financial services on commercial terms; or
(ii) a private entity, performing functions normally performed by a
central bank or monetary authority, when exercising those functions.]
(d) [EU/PA/US/CA/AU/NO/JP/MX/LI/HK/TR/IS propose;
CL/CR/KR/CO/IL considering: “commercial presence” means an
enterprise within a Party's territory for the supply of financial services and
includes wholly or partly owned subsidiaries, joint ventures, partnerships,
sole proprietorships, franchising operations, branches, agencies,
representative offices or other organizations;]
(e) A new financial service is a service of a financial nature, including services
related to existing and new products or the manner in which a product is
delivered, that is not supplied by any financial service supplier in the territory
of a Party but which is supplied in the territory of another Party.
(f) [EU/US/AU/NO/JP/CA/TR/LI/IS propose; CL/MX/CO/IL considering:
A "non-resident supplier of financial services" is a financial service
supplier of a Party which supplies a financial service into the territory of
another Party from an establishment located in the territory of another Party
[CR considering:, regardless of whether such a financial service supplier has
or has not a commercial presence in the territory of the Party in which the
financial service is supplied.]
This Document Contains TISA – U.S. CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
5
[US/CA/CL/AU/IL propose; HK/PE/JP/PK considering;
EU/CH/TR/LI/MX/PA/NO/TR oppose: Article X.3: Scheduling National Treatment
Commitments
With respect to the supply of a financial service from the territory of one Party into the
territory of any other Party, or in the territory of one Party to the service consumer of any
other Party,
(a) Article I-4 (National Treatment) of the Agreement shall apply to only the
supply of financial services listed in Article X.8 [cross-border trade], unless
a Party otherwise specifies in its Schedule; and
(b) paragraph 3 of Article II-2 of the Agreement shall not apply.]
[EU/US/AU propose; CA/NO considering: Article X.4: Standstill
[US propose: Any conditions, limitations and qualifications to the commitments [EU
propose; TR oppose: according to Articles 6, 7, 8, and 9 (Financial Services purchased by
Public Entities, commercial presence, cross-border Trade, Temporary Entry of Personnel)]
[US/CA; TR oppose: in Articles 6, 7 and 8 (Financial services purchased by public
entities, commercial presence, cross-border trade) [CA propose; TR oppose: 12 and 14
(Payment and Clearing Systems and Senior Management and Board of Directors)]] shall be
limited to existing non-conforming measures.]
[AU/EU/US propose: The conditions and qualifications on commitments [EU/AU
propose; TR oppose: according to Articles 6, 7, 8 [and] 9 [AU/EU propose; TR oppose:
and 14]] [US propose; TR oppose: in Articles 6, 7 and 8] shall be limited to measures that
a Party maintains on the date this Agreement takes effect, or the continuation or prompt
renewal of any such measures.]
[AU/CA/EU/JP/NO/CH/TR/IS/LI/US/IL/KR/HK/NZ/TW propose: Article X.5:
Monopoly Rights
In addition to (Article XX/monopolies and exclusive services suppliers) of the Agreement,
the following shall apply:
Each Party shall list in its schedule pertaining to financial services existing monopoly rights
[CR oppose: and shall endeavour to eliminate them or reduce their scope].
Notwithstanding paragraph 2 of Article 1 of this Annex/section, this paragraph applies to
the activities referred to in paragraph 2(c) of Article 1 of this Annex/section.]
This Document Contains TISA – U.S. CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
6
[EU/US/CA/NO/TR/AU/IS/JP propose; TW/HK considering; PE/CO/CR/MX oppose:
Article X.6: Financial Services purchased by Public Entities
Notwithstanding (Section/Article X) of the Agreement (on government procurement) and [:
subject to any conditions, limitations and qualifications that a Party shall set out in its
schedule in accordance with Article X.4 (Standstill)], each Party shall ensure that financial
service suppliers of any other Party established in its territory are accorded most-favourednation
treatment and national treatment as regards the purchase or acquisition of financial
services by public entities of the Party in its territory.]
[EU/US/AU/JP/NO/TR/PA/LI/CA/CR propose: Article X.7: Commercial Presence
1. [TW considering: Subject to any [AU/US/EU/CA propose: terms,] conditions,
limitations and qualifications that a Party shall set out in its schedule [CA/CR considering:
in accordance with Article X.4 (Standstill),]] [E][e]ach Party shall grant financial service
suppliers of any other Party the right to establish or expand within its territory, including
through the acquisition of existing enterprises, a commercial presence.
1bis. A Party may impose terms, conditions and procedures for authorization of the
establishment and expansion of a commercial presence in so far as they do not circumvent
the Party's obligation under paragraph 1 and they are consistent with the other obligations
of this Agreement.]
[EU/US/PA/AU/NO/JP/CO/CA/IL/IS propose; MX/CL considering: Article X.8:
Cross-Border Trade
1. [Subject to any [AU/US/EU propose: terms,] conditions, limitations and
qualifications that a Party shall set out in its schedule [CA/IL considering: in accordance
with Article X.4 (Standstill),]] [e][E]ach Party shall permit non-resident suppliers of
financial services to supply, as a principal, through an intermediary or as an intermediary,
[PA/EU/NO/CO/US/IS propose: and under terms and conditions that accord national
treatment,]: the following services:
(a) insurance of risks relating to:
(i) maritime shipping and commercial aviation and space launching and
freight (including satellites), with such insurance to cover any or all of
the following: the [NO propose; CA considering; AU/CR/IL
oppose: passengers and] goods being transported, the vehicle
transporting the [NO propose; CA considering; AU/CR/IL oppose:
passengers and] goods and any liability arising therefrom;
(ii) [NO propose; CA considering; AU/CR/IL oppose: ocean-going
fishing vessels];
This Document Contains TISA – U.S. CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
7
(iii) [NO propose; CA considering, AU/CR/IL oppose: exploration,
development, production activities, and properties in the offshore
energy sector by large customers1
]; and
(iv) goods in international transit];
(b) reinsurance and retrocession;
(c) services auxiliary to insurance as referred to in subparagraph (a)(iv) of
Article 2 of the Annex;
(d) provision and transfer of financial information and financial data processing
[US propose: and related software] as referred to in subparagraph (a)(xv)
and advisory and other auxiliary services, excluding intermediation, relating
to banking and other financial services as referred to in subparagraph
(a)(xvi) , both of Article 2 of the Annex;
(e) [US/CA/CH/AU propose; JP considering; EU/TR/HK/CR oppose:
investment advice to a collective investment scheme located in the Party’s
territory;]
(f) [US/CH/CA/AU propose; JP considering; EU/HK/CR oppose: portfolio
management services to a collective investment scheme located in the
Party’s territory, excluding
(i) trustee services;
(ii) custodial services and execution services that are not related to
managing a collective investment scheme;
2
]
(g) [US propose; JP considering; KR/CA/EU/TR/TW/CO/HK/CR/NO/IS
oppose: electronic payment services for payment card transactions3
into its
territory from the territory of another Party by a person of that Party. For the
purposes of this subsection:
(i) a "payment card" includes a credit card, charge card, debit card, check
card, automated teller machine ("ATM") card, prepaid card, and other
similar card or access device, and the unique account number associated
with that card or access device; and
(ii) “electronic payment services for payment card transactions” does not
include the transfer of funds to and from transactors’ accounts. Furthermore,
“electronic payment services for payment card transactions” includes only

1
[NO propose: with an activity of at least 10 man-years or annual sales of above USD 10 million].
2 Custodial services are included in paragraph (f) only with respect to investments for which the primary
market is outside of the territory of the Party.
3 For greater certainty, the electronic payment services for payment card transactions referred to in this
commitment fall within subparagraph (viii) of the definition of “financial service” in Article 2, and within
subcategory 71593 of the United Nations Central Product Classification, Version 2.0, and include only the
processing of financial transactions such as verification of financial balances, authorization of transactions,
notification of banks (or credit card issuers) of individual transactions and provision of daily summaries and
instructions regarding the net financial position of relevant institutions for authorized transactions.
This Document Contains TISA – U.S. CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
8
those payment network services that use proprietary networks to process
payment transactions.]
1. [US/EU propose; CA/TW considering: Subject to any conditions, limitations and
qualifications that a Party shall set out in its schedule in accordance with Article X.4
(Standstill), [EU/NO/US propose: [e][E]ach Party shall permit its residents to purchase in
the territory of any other Party the financial services indicated in:
(a) paragraph 1(a);
(b) paragraphs 1(b) and 1(c); and
(c) subparagraphs (a)(v) to (xvi) of Article X.2.]
2. [PA propose; TW/CA considering: Without prejudice to other means of prudential
regulation of cross-border trade in financial services, a Party may require the registration
[HK propose: and/or authorization] of cross-border financial service suppliers of another
Party and of financial instruments.]
[CH propose; US oppose: Article X.X: National Treatment Limitations Concerning
Localization
In scheduling its commitments pursuant to Art. I-4 of the Agreement, no Party may impose
requirements with regard to the localization of collaterals on suppliers of other Parties
which supply reinsurance services in or into its territory.]
[EU/JP/AU propose: Article X.9: Temporary Entry of Personnel (to be adapted to
horizontal M4 provisions)
1. [Subject to any [AU propose: terms] conditions, reservations and qualifications that
a Party shall set out in its schedule in accordance with Article X.4 (Standstill),] each Party
shall permit temporary entry into its territory of the following personnel of a financial
service supplier of any other Party that is establishing or has established a commercial
presence in the territory of the Party:
(i) senior managerial personnel possessing proprietary information essential to the
establishment, control and operation of the services of the financial service supplier;
and
(ii) specialists in the operation of the financial service supplier.
2. [Subject to [AU propose: terms] conditions reservations and qualifications that a
Party shall set out in its schedule in accordance with Article X.4 (Standstill),] each Party
shall permit, subject to the availability of qualified personnel in its territory, temporary
entry into its territory of the following personnel associated with a commercial presence of
a financial service supplier of any other Party:
This Document Contains TISA – U.S. CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
9
(i) specialists in computer services, telecommunication services and accounts of the
financial service supplier; and
(ii) actuarial and legal specialists.]
[Article X.10: [PA/US/AU/CA/NO/CL/PE/TR/CH/CO/NZ/KR/MX/TW/CR propose:
New Financial Services [AU/CA/EU/HK/NO/NZ/PA/TW/IL propose; US
considering: Financial Services New to the Territory of a Party]
[AU/CA/CR/HK/IS/EU/JP/KR/LI/NO/NZ/PA/PE/TR/TW/US/IL/CL/CO propose;
MX considering; CH oppose: Each Party shall permit financial service suppliers of any
other Party established in its territory to supply any new financial service that the Party
would permit its own like financial services supplier to supply [CL propose; HK
considering: within the scope of the subsectors and financial services committed in its
Schedule and subject to the terms, limitations, conditions and qualifications established in
that Schedule,] without adopting a law or modifying an existing law.4
Notwithstanding
(Market Access, paragraph on juridical form), a Party may determine the institutional and
juridical form through which the service may be supplied and may require authorization for
the supply of the service. Where such authorization is required, a decision shall be made
within a reasonable time and the authorization may be refused only for prudential reasons.]
[CH propose; AU/CA/CO/EU/US oppose: A Party shall permit financial service suppliers
of any other Party established in its territory to offer in its territory any new financial
service.]
EU/PA/US/CA propose: Article X.11: [EU/PA/CH propose: Transfers of Information
and Processing of Information] [US propose: Transfer of Information]
1. [PA/EU/TW/CH/JP/KR/TR/NO/AU/HK propose; IL considering: No Party shall
take measures that prevent transfers of information or the processing of financial
information, including transfers of data by electronic means, into and out of its territory,
[CH oppose: for data processing] or that, subject to importation rules consistent with
international agreements, prevent transfers of equipment, where such transfers of
information, processing of financial information or transfers of equipment are necessary for
the conduct of the ordinary business of a financial service supplier. Nothing in this
paragraph restricts the right of a Party to protect personal data, personal privacy and the
confidentiality of individual records and accounts so long as such right is not used to
circumvent the provisions of this Agreement.]
[US propose; HK/TR/EU/PA/CH/NO/IL/LI oppose: [PE propose: Subject to prior
authorization by the regulator,] Each Party shall allow a financial service supplier of

4 For greater certainty, a Party may issue a new regulation or other subordinate measure in permitting the
supply of the new financial service.
This Document Contains TISA – U.S. CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
10
another Party to transfer information in electronic or other form, into and out of its territory,
for data processing where such processing is required in the financial service supplier’s
ordinary course of business. [PE propose: Each Party shall adopt adequate safeguards for
the protection of personal data.]]
[KR propose; PA/IL considering; CA/EU/TR oppose: The scope of financial
information will be defined by each Party’s domestic laws and regulations.]
[EU/PA/US/MX/CH/AU/NO/IS/JP/CO/PE/TR/IL/HK/TW/KR/LI/CL/CA/NZ/CR
propose; CH considering: Article X.12: Payment and Clearing Systems [CH propose:
National Treatment]
[CA propose; CO/TW/CR/NZ considering: Subject to any conditions, limitations and
qualifications that a Party shall set out in its schedule in accordance with Article X.4
(Standstill)], under terms and conditions that accord national treatment, each Party shall
grant to financial service suppliers of any other Party established in its territory access to
payment and clearing systems operated by public entities, and to official funding and
refinancing facilities available in the normal course of ordinary business. This paragraph is
not intended to confer access to the Party’s lender of last resort facilities.
[AU/CA/CH/CL/CR/EU/JP/KR/NO/NZ/PA/PE/TR/TW/US/IL propose; CO/MX/CH
considering: Article X.13:
[AU/CA/CL/CO/CR/EU/IL/JP/KR/MX/NO/NZ/PA/PE/TR/TW/US propose; SelfRegulatory
Organizations] [CH propose; AU/CR oppose: National Treatment]
When membership or participation in, or access to, any self-regulatory body, securities or
futures exchange or market, clearing agency, or any other organization or association, is
required by a Party in order for financial service suppliers of any other Party to supply
financial services in [US propose; or into] the territory of that Party on an equal basis with
financial service suppliers of the Party, or when a Party provides directly or indirectly such
entities, privileges or advantages in supplying financial services, the Party shall ensure that
such entities accord national treatment [CA/US propose; JP considering: and [xx] (Most
Favored Nation Treatment)] to financial service suppliers of any other Party [US oppose:
resident in the territory of the Party] [CR/HK propose; NZ considering: , subject to any
conditions, reservations, and qualifications inscribed in its schedule of specific
commitments].
[PA/CA/CO/MX propose; AU/IL/US/EU considering; CH oppose: Article X.14:
Senior Management and Boards of Directors
This Document Contains TISA – U.S. CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
11
[CA/PA/MX propose: Subject to any conditions, limitations and qualifications that a Party
shall set out in its schedule in accordance with Article X.4 (Standstill):]
1. A Party may not require a financial service supplier of another Party [MX propose:
with commercial presence in its territory] to engage natural persons of any particular
nationality as senior managerial or other essential personnel.
2. A Party may not require that more than a simple majority of the board of directors
of a financial service supplier of another Party [MX propose: with commercial presence in
its territory] be composed of nationals of the Party or natural persons residing in the
territory of the Party.]
[PA/US/CA/AU/NO/MX/JP/IS/CH/TR/LI/HK/NZ propose; IL/EU considering; PE
oppose: Article X.15 Non-discriminatory measures
1. Each Party shall endeavor to remove or to limit any significant adverse effects on
financial service suppliers of any other Party of:
(a) non-discriminatory measures that prevent financial service suppliers from
offering in the Party's territory, in the form determined by the Party, all the
financial services permitted by the Party;
(b) non-discriminatory measures that limit the expansion of the activities of
financial service suppliers into the entire territory of the Party;
(c) measures of a Party, when such a Party applies the same measures to the
supply of both banking and securities services, and a financial service
supplier of any other Party concentrates its activities in the provision of
securities services; and
(d) other measures that, although respecting the provisions of the Agreement,
affect adversely the ability of financial service suppliers of any other Party to
operate, compete or enter the Party's market;
provided that any action taken under this paragraph would not unfairly discriminate against
financial service suppliers of the Party taking such action.
2. With respect to the non-discriminatory measures referred to in subparagraphs (a)
and (b) a Party shall endeavor not to limit or restrict the present degree of market
opportunities nor the benefits already enjoyed by financial service suppliers of another
Party as a class in the territory of the Party, provided that this commitment does not result
in unfair discrimination against financial service suppliers of the Party applying such
measures.
[PA/AU/HK propose: Article X.16: Transparent Regulations
This Document Contains TISA – U.S. CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
12
1. The Parties recognize that transparent regulations and policies governing the
activities of financial institutions and financial service suppliers are important in facilitating
access of financial institutions and financial service suppliers to, and their operations in,
each other’s markets.
2. Each Party shall make available to interested persons domestic requirements and
applicable procedures for completing applications relating to the supply of financial
services. Upon request of an applicant, the Party concerned shall inform the applicant of the
status of its application. If the Party concerned requires additional information from the
applicant, it shall notify the applicant without undue delay.
3. Where a licence or an authorisation is required for the supply of a financial service,
the competent authorities of a Party shall make the requirements for such a licence or
authorisation publicly available. The period of time normally required to reach a decision
concerning an application for a licence or an authorisation shall:
(a) be made available to the applicant upon request;
(b) be made publicly available; or
(c) be made available by a combination of both.]
[EU propose; TW considering; HK oppose: Article X.16 Effective and
transparent regulation
1. [AU propose: Each Party shall, to the extent practicable, provide in advance to all
interested persons any measure of general application that the Party proposes to adopt in
order to allow an opportunity for such persons to comment on the measure. Such measure
shall be provided:
(a) by means of an official publication; or
(b) in other written or electronic form.
2. Each Party shall make available to interested persons its requirements for
completing applications relating to the supply of financial services.
On the request of an applicant, the concerned Party shall inform the applicant of the status
of its application. If the concerned Party requires additional information from the applicant,
it shall notify the applicant without undue delay. [para. 2 may need to be adapted to DR
chapter]
3. [EU/NO propose; CA/US/PA/HK/AU/JP oppose: Each Party [TR oppose: shall
make its best endeavours to ensure that]] [TR propose: shall, whenever possible,
endeavour to take into consideration] internationally agreed standards for regulation and
supervision in the financial services sector and for the fight against tax evasion and
avoidance are implemented and applied in its territory. Such internationally agreed
standards are, inter alia, those adopted by the G20, the Financial Stability Board (FSB), the
Basel Committee on Banking Supervision (BCBS), the International Association of
Insurance Supervisors' (IAIS), the International Organisation of Securities Commissions
This Document Contains TISA – U.S. CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
13
(IOSCO), the Financial Action Task Force (FATF) and the Organisation for Economic
Cooperation and Development (OECD).
[TR oppose: The Parties also take note of the “Ten Key Principles for Information
Exchange” promulgated by the G7, and will take all steps necessary to try to apply them in
their bilateral contacts.]
[US/CA propose; HK oppose: Article X.16: Transparency
1. [AU/HK/EU oppose: Articles [XX] of Annex [XX] (Domestic Regulations and/or
Transparency) shall not apply to measures within the scope of this Annex.]
2. The Parties recognize that transparent regulations and policies governing the
activities of financial service suppliers are important in facilitating their ability to gain
access to and operate in each other’s market. Each Party commits to promote regulatory
transparency in trade in financial services.
3. Each Party shall ensure that all measures of general application to which this Annex
applies are administered in a reasonable, objective, and impartial manner.
4. Each Party shall, to the extent practicable;
(a) publish in advance any regulations of general application relating to the
subject matter of this Annex that it proposes to adopt and the purpose of the
regulation; and
(b) provide interested persons and Parties a reasonable opportunity to comment
on such proposed regulations.
5. At the time it adopts a final regulation, a Party should, to the extent practicable,
address in writing substantive comments received from interested persons with respect to
the proposed regulation.
6. Each Party should, to the extent practicable, allow reasonable time between
publication of a final regulation of general application and its effective date.
7. Each Party shall ensure that a rule of general application adopted or maintained by
self-regulatory organizations of the Party is promptly published or otherwise made
available in such a manner as to enable interested persons to become acquainted with it.
8. Each Party shall maintain or establish appropriate mechanisms for responding to
inquiries from interested persons regarding a measure of general application covered by this
Annex.
9. Each Party’s regulatory authorities shall make publicly available to interested
persons the requirements, including any documentation required, for completing an
application relating to the supply of financial services.
This Document Contains TISA – U.S. CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
14
10. On the request of an applicant, a Party’s regulatory authority shall inform the
applicant of the status of its application. If the authority requires additional information
from the applicant, it shall notify the applicant without undue delay.
11. [AU propose: A Party’s regulatory authority shall make an administrative decision
on a completed application of a financial service supplier of another Party relating to the
supply of a financial service within 120 days, and shall promptly notify the applicant of the
decision. An application shall not be considered complete until all relevant hearings are
held and all necessary information is received. Where it is not practicable for a decision to
be made within 120 days, the regulatory authority shall notify the applicant without undue
delay and shall endeavour to make the decision within a reasonable time thereafter.
12. On the request of an unsuccessful applicant, a regulatory authority that has denied
an application shall, to the extent practicable, inform the applicant of the reasons for denial
of the application.]
Article X.17: Prudential Measures 5
CH: Propose for Article X.17 the title of “Domestic Prudential Regulation”.
Considering the title of X.18.
1. Notwithstanding any other provision of the Agreement, a Party shall not be
prevented from [CH propose: taking]
[US/AU/MX/CO/PE/PA/CL/CR/CA/EU/NZ/JP/NO/IS/HK/LI/TR/IL/KR/TW/UY
propose: adopting or maintaining] measures for prudential reasons, including for:
(a) the protection of investors, depositors, policy-holders or persons to whom a
fiduciary duty is owed by a financial service supplier; or
(b) to ensure the integrity and stability of a Party's financial system.
2. Where such measures do not conform with the provisions of this Agreement, they
shall not be used as a means of avoiding the Party’s commitments or obligations under the
Agreement.
Article X.18: Treatment of Information
Nothing in this Agreement shall be construed to require a Party to disclose information
relating to the affairs and accounts of individual consumers or any confidential or
proprietary information in the possession of public entities.

5
[PE/CR/CL propose; MX consider; EU/AU/CH/JP/NO/IL oppose: It is understood that the term
“prudential reasons” includes the maintenance of the safety, soundness, integrity, or financial responsibility of
individual financial service suppliers as well as the safety and financial and operational integrity of payment
and clearing systems.]
This Document Contains TISA – U.S. CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
15
Article X.19: Recognition
1. A Party may recognize a prudential measure of any other country in determining
how the Party's measure relating to financial services shall be applied. Such recognition,
which may be achieved through harmonization or otherwise, may be based upon an
agreement or arrangement with the country concerned or may be accorded autonomously.
2. A Party that is a party to such an agreement or arrangement referred to in paragraph
1, whether future or existing, shall afford adequate opportunity for other interested Parties
to negotiate their accession to such agreements or arrangements, or to negotiate comparable
ones with it, under circumstances in which there would be equivalent regulation, oversight,
implementation of such regulation, and, if appropriate, procedures concerning the sharing
of information between the parties to the agreement or arrangement. Where a Party accords
recognition autonomously, it shall afford adequate opportunity for any other Party to
demonstrate that such circumstances exist.
[EU/US/CA/MX/CO/CL/PE/NO propose: Article X.20: Dispute Settlement
[EU/AU/NO/JP/IL/CH/IS/NZ/CL/TR propose: may need to be adapted to DS section]
1. [EU/US/CA/AU/NO/JP/MX/IL/CO/KR/CH/LI/PA/IS/CR/NZ/TR/HK/TW
propose; CL considering: A Panel for disputes on prudential issues and other financial
matters shall have the necessary expertise relevant to the specific financial service under
dispute.]
2. [US/CA/MX/IL/KR propose; AU/NO/JP/HK/TW/PE considering; CH oppose:
Where a [Panel] finds a measure to be inconsistent with this Agreement and the measure
affects:
(a) only a sector other than the financial services sector, the complaining Party
may not suspend benefits in the financial services sector; or
(b) the financial services sector and any other sector, the complaining Party may
suspend benefits in the financial services sector that have an effect equivalent to the
effect of the measure in the Party’s financial services sector.]
[US/AU/EU/CA propose: Article X.21: Expedited Availability of Insurance
The Parties recognize the importance of maintaining and developing regulatory
procedures to expedite the offering of insurance services by licensed suppliers. These
procedures may include allowing introduction of products unless those products are
disapproved within a reasonable time; [HK oppose: not requiring product approval or
authorization [EU oppose: of insurance lines] for insurance other than insurance sold to
individuals or compulsory insurance;] and not imposing limitations on the number or
This Document Contains TISA – U.S. CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
16
frequency of product introductions. If a Party maintains regulatory product approval
procedures related to the offering of products within the scope of an insurance licence, the
Party shall endeavour to maintain or improve these existing procedures.]
[US/CA/EU propose; JP/CR oppose: Article X.22: Supply of Insurance by Postal
Insurance Entities
1. The disciplines set out in this section apply where a Party allows its postal insurance
entity to underwrite and supply direct insurance services to the general public. The services
covered by this paragraph do not include the supply of insurance related to the collection,
transport and delivery of letters or packages by a Party’s postal insurance entity.
2. No Party shall [KR propose; CA oppose: to the extent possible] adopt or maintain
a measure that creates conditions of competition that are more favourable to a postal
insurance entity with respect to the supply of insurance services described in paragraph 1 as
compared to a private supplier of like insurance services in its market, including by:
(a) imposing more onerous conditions on a private supplier’s license to supply
insurance services than the conditions the Party imposes on a postal
insurance entity to supply like services; or
(b) making a distribution channel for the sale of insurance services available to a
postal insurance entity under terms and conditions more favourable than
those it applies to private suppliers of like services.
3. With respect to the supply of insurance services described in paragraph 1 by a postal
insurance entity, a Party shall apply the same [KR propose; CA oppose: level of]
regulations and enforcement activities as apply to the supply of like insurance services by
private suppliers.
4. In implementing its obligations under paragraph 3, a Party shall require a postal
insurance entity that supplies insurance services described in paragraph 1 to publish an
annual financial statement with respect to the supply of such services. [KR oppose: The
statement shall provide the level of detail and meet the auditing standards required under
the generally accepted accounting and auditing principles, or equivalent rules, applied in
the Party’s territory with respect to publicly traded private enterprises supplying like
services.]
5. [KR/EU oppose: If a Panel under [Dispute Settlement] finds that a Party is
maintaining a measure inconsistent with any of the commitments in paragraphs 2 through
4, the Party shall notify the complaining Party or Parties and provide an opportunity for
consultations prior to allowing the postal insurance entity to:
(a) issue a new insurance product, or modify an existing product in a manner
equivalent to the creation of a new product, in competition with like
insurance products supplied by a private supplier in the Party’s market; or
This Document Contains TISA – U.S. CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
17
(b) increase any limitation on the value of insurance, either in total or with
regard to any type of insurance product, that the entity may sell to a single
policyholder.]
6. This section does not apply to a postal insurance entity in the territory of a Party:
(a) that the Party neither owns nor controls, directly or indirectly, as long as the
Party does not maintain any advantage that modifies the conditions of
competition in favor of the postal insurance entity in the supply of insurance
services as compared to a private supplier of like insurance services in its
market; or
(b) if neither the sale of direct life nor non-life insurance underwritten by the
postal insurance entity accounts for more than ten percent of total annual
premium income in the relevant segment of the Party’s market as of [DATE
CERTAIN].
7. If a postal insurance entity in the territory of a Party exceeds the percentage
threshold referred to in paragraph 6(b) after the date the Party signs the Agreement, the
Party shall [KR propose; CA oppose: , to the extent practicable,] ensure that the postal
insurance entity is:
(a) regulated by and subject to the enforcement of the same authorities that
regulate and conduct enforcement activities with respect to the supply of
insurance services by private suppliers; and
(b) subject to the financial reporting requirements applying to financial services
suppliers supplying insurance services.
8. For purposes of this section, postal insurance entity means an entity that underwrites
and sells insurance to the general public and is owned or controlled, directly or indirectly,
by a postal entity of the Party.]
[US: Additional proposal on sectoral cooperatives selling insurance under
consideration.]

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx10

Trade in Services Agreement (TiSA)
Transparency Annex (January 2015)
WikiLeaks release: June 3, 2015
This is the secret January 2015 draft of the Trade in Services Agreement (TiSA) Transparency Annex,
including negotiating positions. TiSA is currently under negotiation between the United States, the
European Union and 23 other countries. The Agreement creates an international legal regime which aims
to deregulate and privatize the supply of services - which account for the majority of the economy across
TiSA countries. The draft Annex aims to make governments more transparent to global commercial
actors, creating obligations to notify and consult with transnational corporations on decisions and
measures which may affect their interests.
This text dates from shortly before the 11th round of TiSA negotiations held from 9-13 February 2015 in
Geneva, Switzerland.
Description
Keywords: TiSA, Trade in Services Agreement, WTO, GATS, G20, BCBS, IAIS,
IOSCO, FATF, OECD, United States, European Union, Australia,
Canada, Chile, Chinese Taipei (Taiwan), Colombia, Costa Rica, Hong
Kong, Iceland, Israel, Japan, Liechtenstein, Mauritius, Mexico, New
Zealand, Norway, Pakistan, Panama, Paraguay, Peru, South Korea,
Switzerland, Turkey, Uruguay, draft, bracketed text, negotiating
positions, transparency
Restraint: Without prejudice - Limited distribution - For TiSA participants only
Title: Trade in Services Agreement (TiSA) Article I-[ ]: Transparency
Date: January 23, 2015
Group: Trade in Services Agreement
Author: Trade in Services Agreement country negotiators
Link: https://wikileaks.org/tisa/transparency/01-2015/
Pages: 3
Without prejudice
Limited distribution – for TiSA participants only
23 JANUARY 2015
Article I-[ ]: Transparency
1. Each Party shall ensure that its laws, regulations, procedures and administrative rulings of general
application respecting any matter covered by this Agreement are promptly published or otherwise made
available in such a manner as to enable interested persons and Parties to become acquainted with them.
[CH propose: Each Party shall publish promptly and, except in emergency situations, at the latest by the
time of their entry into force, all relevant measures of general application which pertain to or affect the
operation of this Agreement. International agreements pertaining to or affecting trade in services to
which a Party is a signatory shall also be published.]
2. [US/AU/CA/CL/CO/TW/JP/KR/NO/CR/MX/PE/NZ propose; CH/HK/IL/TR oppose: To the extent possible
[AU/MX propose: and in a manner consistent with its domestic law and legal system] each Party shall],
[CH/EU/HK/IL/TR/PA/IS propose: Each Party may]:
a. publish in advance any measure referred to in paragraph 1 that it proposes to adopt; and
b. [TR oppose: provide [NZ propose: where appropriate,] interested persons and other Parties a
reasonable opportunity to comment on such proposed measure.]
FOOTNOTE [NZ propose: A Party may, consistent with its domestic legal system, comply with its
obligations relating to proposed regulations in this Article by publishing a policy proposal,
discussion document, summary of regulation or other such document that contains sufficient
detail to adequately inform interested persons and other Parties about whether and how their
trade interests might be affected.]
ALTERNATIVE FOOTNOTE LANGUAGE FOR CONSIDERATION
A party may, consistent with its domestic legal system, comply with its obligations in this Article relating
to publication of measures referred to in paragraph 1 that it proposes to adopt, by publishing
information (for example in a policy proposal, discussion document, summary of regulation or
other such document) that contains sufficient detail to adequately inform interested persons and
other Parties about whether and how their trade interests might be significantly affected.
3. With respect to proposed regulations of general application [EU/HK/CL oppose: of its central level of
government] respecting any matter covered by this Agreement that are published in accordance with
paragraph 2(a), each Party:
a. Shall publish the proposed regulation in a [CO/EU/IL/CR oppose: single] official publication [EU
oppose: of national circulation] or an official website [US propose: preferably consolidated into a
single portal];
This is subject to additional input from delegates on whether to specify that publication or website
should be at “no cost”
b. [EU opposes entire paragraph: TR considering opposing:] should to the extent possible publish
the proposed regulation [CH/CR/CO/JP/HK/IL/KR/MX/PA oppose: not less than 60 days] before
Without prejudice
Limited distribution – for TiSA participants only
23 JANUARY 2015
the date public comments are due [CH/HK/MX/CR propose: in accordance with its domestic law]
[AU/NZ/CL/PE/US propose: or such other period in advance of that date that provides sufficient
time for interested persons to evaluate the proposed regulation and formulate and submit
comments];
c. [NO propose: shall provide] [AU/CL/CR/US/NZ/PE/CA/TW propose: shall, to the extent
possible, include in the publication] an explanation of the purpose of and rationale for the
proposed regulation; and
d. shall [US propose: address] [AU/CA/CL/CO/CR/EU/HK/IS/IL/MX/NO/JP/NZ/PE propose: consider]
comments received during the comment period and [AU/CA/NZ/CL/CR/PE propose: is encouraged to] explain
substantive revisions it made to the proposed regulations [CR/CL/MX propose: on an official website or] in its
official journal [CR/HK/AU propose: to the extent practicable] [US propose; NO/CR oppose: explain substantive
revisions it made to the proposed regulations in its official journal] [NO propose: publish them]. IL/TR assert that
Para 3 must be soft law
4. [AU/US/NZ propose; TR/CR oppose: If a Party does not provide advance notice and opportunity for
comment pursuant to paragraph 3, it shall, to the extent possible, address in writing the reasons
therefor.] [AU/CA propose; NZ considering; PE: oppose: or otherwise notify interested persons the
reasons for not doing so.]
5. [US/KR/CA/CO/NZ/AU/NO/IS/LI/MX/CH propose: With respect to [US/CO/NZ/KR/AU/CR/CT/CA
propose; EU/IS oppose: regulations] [TR/CH/PE propose: measures] of general application adopted
[CL/CO/EU/HK/CH oppose: by its central level of government] respecting any matter covered by this
Agreement, each Party:
a. shall promptly publish the regulations in a [US propose; CL/TR/CO/CR/IL/PA/EU oppose: single]
official [AU/MX/CL/TR/CA/NZ/CO/NO/IS/LI/CR/LI/TW/PA propose: website or] [US propose;
HK/CO oppose: journal] [HK/CO/AU/CR/NO/IS/LI/TW/PA propose: publication] of [HK:
considering: national] circulation [EU oppose: of national circulation] [TR/CR/IL oppose: and
shall encourage their distribution through additional outlets]; and
Chair (25 Sept2014) Proposed for consideration: “shall promptly publish the [regulations] in an official
outlet/media available in the jurisdiction where the [regulation] applies, such as a website or a publication,
including a journal”
CR: suggests subparagraph 5.A to be modified in accordance with the discussion of subparagraph 3.A.
HK propose: to review the reference to “national” in conjunction with the adoption of the Marrakesh
Agreement explanatory note for the definition of “country” in the core text.
b. [US/CL/MX/NZ/AU/LI/CA propose; TR/CR/IL/PA oppose: shall [CL/MX/CR/NO/PA/CO
propose: endeavor, where appropriate, to] include [US/CR propose: in] [NZ/LI propose: with]
the publication [HK/LI/NO/LI propose: or otherwise publish] an explanation [US propose; CR/CO
oppose: of the purpose of and rationale] for the regulations.]]
Without prejudice
Limited distribution – for TiSA participants only
23 JANUARY 2015
6. [US/IL/KR/AU/NZ/MX/EU/PE/CH/CA/NO propose; TR considering; CR/HK/PA oppose: Each Party shall,
to the extent possible, [CH oppose: allow reasonable time between publication of a [US/AU propose;
MX/EU/CH oppose: final] regulation and its effective date.] [CH propose: publish its [regulations] prior to
the time of their entry into force.]
7. [US/CO/MX/AU/JP/NZ/KR/CA/IL/NO/CR/LI/IS/CL/TW/PE/HK propose: Each Party shall maintain or
establish appropriate mechanisms for responding [PE propose: to the extent possible] to enquiries from
[CH propose: service suppliers] [PE/TR/EU/CH oppose: interested persons] regarding its [EU oppose:
regulations] relating to the subject matter of this Agreement.]
8. [CH propose: Nothing in this Annex shall require a Party to provide information or to communicate in a
language other than its language or languages, at central or at sub-federal level.]
NOTE: THE FOLLOWING TWO PROPOSALS HAVE BEEN REMOVED FOR DISCUSSION IN CONNECTION
WITH THE TiSA ‘CORE TEXT’
IL/CR/AU/US/EU/MX/HK/KR/TR/PA/PE/CO: need to further consider GATS Article IIIbis: “Nothing in this
Agreement shall require any Member to provide confidential information, the disclosure of which would impede
law enforcement, or otherwise be contrary to the public interest, or which would prejudice legitimate commercial
interests of particular enterprises, public or private.”)
[AU/US propose:
Article I-[ ]: Judicial, Arbitral or Administrative Review
Each Party shall maintain judicial, arbitral or administrative tribunals or procedures which provide, at the request
of an affected service supplier, for the prompt review of, and where justified, appropriate remedies for,
administrative decisions affecting trade in services. Where such procedures are not independent of the agency
entrusted with the administrative decision concerned, the Party shall ensure that the procedures in fact provide
for an objective and impartial review.]
NOTE: Similar language was discussed in connection with paragraph 13 of the Domestic Regulations text, and
participants agreed to move it to the core text.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx11

Trade in Services Agreement (TiSA)
Transparency Annex (April 2014)
WikiLeaks release: June 3, 2015
This is the secret April 2014 draft of the Trade in Services Agreement (TiSA) Transparency Annex,
including negotiating positions.
TiSA is currently under negotiation between the United States, the European Union and 23 other
countries. The Agreement creates an international legal regime which aims to deregulate and privatize the
supply of services - which account for the majority of the economy across TiSA countries.
The draft Annex aims to make governments more transparent to global commercial actors, creating
obligations to notify and consult with transnational corporations on decisions and measures which may
affect their interests.
This text dates from shortly before the 6th round of TiSA negotiations held from 28 April to 2 May 2014 in
Geneva, Switzerland.
Description
Keywords: TiSA, Trade in Services Agreement, WTO, GATS, G20, BCBS, IAIS,
IOSCO, FATF, OECD, United States, European Union, Australia,
Canada, Chile, Chinese Taipei (Taiwan), Colombia, Costa Rica, Hong
Kong, Iceland, Israel, Japan, Liechtenstein, Mauritius, Mexico, New
Zealand, Norway, Pakistan, Panama, Paraguay, Peru, South Korea,
Switzerland, Turkey, Uruguay, draft, bracketed text, negotiating
positions, transparency
Restraint: Without prejudice - Limited distribution - For TiSA participants only
Title: Trade in Services Agreement (TiSA) Transparency Annex
Date: April 16, 2014
Group: Trade in Services Agreement
Author: Trade in Services Agreement country negotiators
Link: https://wikileaks.org/tisa/transparency/04-2014/
Pages: 3
Without prejudice
Limited distribution – for TiSA participants only
16 April 2014
Note: Unattributed text is from US Proposal, as revised, December 2013.
Article I-[ ]: Transparency
(Note: In some cases, these disciplines will need to be modified to reflect sector-specific disciplines
negotiated in other provisions and annexes.)
1. Each Party shall ensure its laws, regulations, [procedures] and administrative rulings of
general application respecting any matter covered by this Agreement are promptly published
or otherwise made available in such a manner as to enable interested persons and Parties to
become acquainted with them.
CH/MX REVISE BASED ON SWISS ALTERNATIVE, ATTACHED
2. [CL/KR/NO/AU/CR: To the extent possible each Party shall], [CH/IL/MX/TR: Each Party may]:
a. publish in advance any [CO: draft] measure referred to in paragraph 1 that it proposes to
adopt; and
b. provide [interested persons] (Turkey NOTE: this raises concerns) and other Parties a
reasonable opportunity to comment on such proposed [KR: draft] measure.
CH/MX/TR REVISE BASED ON SWISS ALTERNATIVE, ATTACHED
3. With respect to proposed [regulations] [CR: measures] of general application of its central
level of government respecting any matter covered by this Agreement that are published in
accordance with paragraph 2(a), each Party:
a. shall publish the proposed [regulation] [CR: measure] in a [HK: single] official [journal]
[CT/HK/MX: publication] of national circulation [CT/HK: and make publically available at
no cost] and shall encourage its distribution through [additional outlets]
[AU/CA/CT/HK/MX: or electronic means];
b. should to the extent possible publish the proposed regulation [not less than 60 days]
before the date public comments are due [AU/HK/NZ: or such other period in advance of
that date that provides sufficient time for interested persons to evaluate the proposed
regulation and formulate and submit comments];
c. [shall include in the publication] [NO: shall provide] [AU: shall, to the extent possible,
include in the publication] [an explanation of the purpose of and rationale for the
proposed regulation; and]
d. shall [address] [AU/CA/HK/IL/JP/NZ: consider] [EU: take into account] comments
received during the comment period and [AU/CA/NZ: is encouraged to] explain
substantive revisions it made to the proposed regulations in its official journal
[HK/IL/MX/AU: to the extent practicable (HK NOTE: only if ‘address’ used above)].
[NO: publish them]
[IL/TR NOTE: Para 3 must be soft law]
Without prejudice
Limited distribution – for TiSA participants only
16 April 2014
Note: REVIEW OF FEBRUARY 21, 2014 CONCLUDED AT THIS POINT
4. [If a Party does not provide advance notice and opportunity for comment pursuant to
paragraph 3, it shall, to the extent possible, address in writing the reasons therefor.] [AU: or
otherwise notify interested persons the reasons for not doing so]. (Japan - explain concrete
procedures) (Turkey – paragraph is unnecessary) (Norway – explain relationship between
paragraph 4 and paragraph 3)
5. With respect to [regulations] [CR: measures] of general application adopted by its central level
of government respecting any matter covered by this Agreement, each Party:
a. shall promptly publish the regulations in a single [AU: website or] official journal of
national circulation and shall encourage their distribution through [additional outlets]
(Japan – explain, as above) (Turkey – delete); and
b. [shall include in the publication and explanation of the purpose of and rationale for the
regulations.] (Turkey) (Norway – purpose is in proposed regulation; need to discuss
alternatives to publication)
6. Each Party shall, to the extent possible, [allow reasonable time between publication of a final
regulation and its effective date.] (Japan) (Norway – need clarification)
CR ALTERNATIVE FOR PARAS 5 AND 6, ATTACHED
7. [Each Party shall maintain or establish appropriate mechanisms for responding to inquiries
from interested persons regarding its regulations relating to the subject matter of this
Agreement.] (Japan – delete) (Turkey – define interested persons)
(Some participants asked about provisions of GATS Article III not covered by the proposal of the
United States. In this connection we draw participants’ attention to the text of GATS Article IIIbis:
“Nothing in this Agreement shall require any Member to provide confidential information, the
disclosure of which would impede law enforcement, or otherwise be contrary to the public interest,
or which would prejudice legitimate commercial interests of particular enterprises, public or
private.”)
Without prejudice
Limited distribution – for TiSA participants only
16 April 2014
Proposals by Switzerland
As an alternative option to para 1, Switzerland proposes a text based on the following provision from
the Agreement on Trade Facilitation (Art. 1. 1. 1, sub para e).
Each Member shall promptly publish the following information in a non-discriminatory and easily
accessible manner in order to enable governments, traders and other interested parties to become
acquainted with them.
Laws, regulations and administrative rulings of general application relating to rules of origin;
As an alternative option to para 2, Switzerland proposes a text based on the following provision from
the Agreement on Trade Facilitation (Art. 2. 1. 1).
Each Member shall, to the extent practicable and in a manner consistent with its domestic law and
legal system, provide opportunities and an appropriate time period to traders and other interested
parties to comment on the proposed introduction or amendment of laws and regulations of general
application related to the movement, release and clearance of goods, including goods in transit.
CR alternative proposal for paragraphs 5 and 6
With respect to measures of general application adopted by its central level of government,respecting
any matter covered by this Agreement and upon request, each Party shall provide an explanation of,
the objective of and rationale for such measure and allow for adequate time between publication and
entry into force of such measure, unless specific legal or practical circumstances dictate otherwise.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx12

Secret Trade in Services Agreement (TISA) - Financial Services Annex
2014-06-19
(en | es)

Today, WikiLeaks released the secret draft text for the Trade in Services Agreement (TISA) Financial Services Annex, which covers 50 countries and 68.2%1 of world trade in services. The US and the EU are the main proponents of the agreement, and the authors of most joint changes, which also covers cross-border data flow. In a significant anti-transparency manoeuvre by the parties, the draft has been classified to keep it secret not just during the negotiations but for five years after the TISA enters into force.

Despite the failures in financial regulation evident during the 2007-2008 Global Financial Crisis and calls for improvement of relevant regulatory structures2, proponents of TISA aim to further deregulate global financial services markets. The draft Financial Services Annex sets rules which would assist the expansion of financial multi-nationals – mainly headquartered in New York, London, Paris and Frankfurt – into other nations by preventing regulatory barriers. The leaked draft also shows that the US is particularly keen on boosting cross-border data flow, which would allow uninhibited exchange of personal and financial data.

Read the full press release here.

[1] Swiss National Center for Competence in Research: A Plurilateral Agenda for Services?: Assessing the Case for a Trade in Services Agreement, Working Paper No. 2013/29, May 2013, p. 10.

[2] For example, in June 2012 Ecuador tabled a discussion on re-thinking regulation and GATS rules; in September 2009 the Commission of Experts on Reforms of the International Monetary and Financial System, convened by the President of the United Nations and chaired by Joseph Stiglitz, released its final report, stating that "All trade agreements need to be reviewed to ensure that they are consistent with the need for an inclusive and comprehensive international regulatory framework which is conducive to crisis prevention and management, counter-cyclical and prudential safeguards, development, and inclusive finance."

Click on the partners listed to the left for their articles on this TISA Financial Services Annex.

Download the full secret TISA Financial Services Annex as PDF here.

Download Analysis Article of secret TISA Financial Services Annex as PDF here or read it online here.

WikiLeaks Release of Secret Trade in Services Agreement (TISA)

Financial Services Annex Consolidated Text
(April 14, 2014)

 

 

Go to start of document

Show table of contents

 

 

 

 

 

This Document Contains TISA- U.S.CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED

Annex [X]: Financial Services
Consolidation of text proposals as of 14 April 2014


Reason: 1.4(b)
Declassify on: Five years from entry
into force of the TISA
agreement or, if no
agreement enters into
force, five years from the
close of the negotiations.

 

* This document must be protected from unauthorized disclosure, but may be mailed or transmitted over unclassified e-mail or fax, discussed over unsecured phone lines, and stored on unclassified computer systems. It must be stored in a locked or secured building, room, or container.

 

 

 

Annex [X]: Financial Services
*Working consolidated draft among the proponents as of 14 April 2014; draft is without prejudice to further proposals or positions of the proponents.

Article X.1: Scope

This section/Annex applies to measures affecting the supply of financial services [TR: subject to any conditions, reservations and qualifications inscribed in its Schedule of specific commitments.]
For the purposes of subparagraph 3(b) of Article I-1 of the Agreement, “services supplied in the exercise of governmental authority” means the following:
activities conducted by a central bank or monetary authority or by any other public entity in pursuit of monetary or exchange rate policies;
activities forming part of a statutory system of social security or public retirement plans; and
other activities conducted by a public entity for the account or with the guarantee or using the financial resources of the Party or its public entities.
For the purposes of subparagraph 3(b) of Article I-1 of the Agreement, if a Party allows any of the activities referred to in subparagraphs (b) or (c) of paragraph 2 of this Article to be conducted by its financial service suppliers in competition with a public entity or a financial service supplier, “services” shall include such activities.
Subparagraph 3(c) of Article I-1 of the Agreement shall not apply to services covered by this Annex.
Article X.2: Definitions

For purposes of this Annex/section:

A financial service is any service of a financial nature offered by a financial service supplier of a Party. Financial services include all insurance and insurance-related services and all banking and other financial services (excluding insurance). Financial services include the following activities:

Insurance and insurance-related services
direct insurance (including co-insurance):
life;
non-life;
reinsurance and retrocession;
insurance intermediation, such as brokerage and agency;
services auxiliary to insurance, such as consultancy, actuarial, risk assessment and claim settlement services;

Banking and other financial services (excluding insurance)

acceptance of deposits and other repayable funds from the public;
lending of all types, including consumer credit, mortgage credit, factoring and financing of commercial transaction;
financial leasing;
all payment and money transmission services, including credit, charge and debit cards, travelers checks and bankers drafts;
guarantees and commitments;
trading for own account or for account of customers, whether on an exchange, in an over-the-counter market or otherwise, the following:
money market instruments (including checks, bills, certificates of deposits);
foreign exchange;
derivative products including, but not limited to, futures and options;
exchange rate and interest rate instruments, including products such as swaps, forward rate agreements;
transferable securities;
other negotiable instruments and financial assets, including bullion;
participation in issues of all kinds of securities, including underwriting and placement as agent (whether publicly or privately) and provision of services related to such issues;
money broking;
asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial, depositary and trust services;
settlement and clearing services for financial assets, including securities, derivative products and other negotiable instruments;
provision and transfer of financial information, and financial data processing and related software by suppliers of other financial services;
advisory, intermediation and other auxiliary financial services on all the activities listed in subparagraphs (v) through (xv), including credit reference and analysis, investment and portfolio research and advice, advice on aquisitions and on corporate restructuring and strategy.
A “financial service supplier” means any natural or juridical person of a Party wishing to supply or supplying financial services, but the term “financial service supplier” does not include a public entity.
“public entity” means:
a government, a central bank or a monetary authority, of a Party, or an entity owned or controlled by a Party, that is principally engaged in carrying out governmental functions or activities for governmental purposes, not including an entity principally engaged in supplying financial services on commercial terms; or
a private entity performing functions normally performed by a central bank or monetary authority, when exercising those functions.
“commercial presence” means an enterprise within a Party’s territory for the supply of financial services and includes wholly or partly owned subsidiaries, joint ventures, partnerships, sole proprietorships, franchising operations, branches, agencies, representative offices or other organizations;
[PA: “financial institution” means a financial intermediary or other commercial presence that is authorized to do business and regulated or supervised as a financial institution under the domestic law of the Party in whose territory it is located;]
A “new financial service” is a service of a financial nature, including services related to existing and new products or the manner in which a product is delivered, that is not supplied by any financial service supplier in the territory of a Party but which is supplied in the territory of [PA: another Party].
[PA: “self-regulatory organization” means a non-governmental body that exercises its own or delegated regulatory or supervisory authority over financial service suppliers or financial institutions, including a securities or futures exchange or market, clearing agency, or other organization or association.]
[EU, US: A “non-resident supplier of financial services” is a financial service supplier of a Party which supplies a financial service into the territory of another Party from an establishment located in the territory of another Party, regardless of whether such a financial services supplier has or has not a commercial presence in the territory of the Party in which the financial service is supplied.]
[US: Article X.3: Scheduling Financial Services Commitments

Market Access

Each Party shall [HKC: subject to any conditions, reservations, and qualifications inscribed in the Schedule] inscribe in its Schedule, pursuant to Article I-3 of the Agreement, a commitment with respect to
the supply of financial services through commercial presence; and
the supply of financial services listed in Article X.8 [cross-border trade] with respect to the supply of a financial service from the territory of one Party into the territory of any other Party, or in the territory of one Party to the service consumer of any other Party.
National Treatment

With respect to the supply of a financial service from the territory of one Party into the territory of any other Party, or in the territory of one Party to the service consumer of any other Party,
Article I-4 (National Treatment) of the Agreement shall apply to only the supply of financial services listed in Article X.8 [cross-border trade], unless a Party otherwise specifies in its Schedule; and
paragraph 3 of Article II-2 of the Agreement shall not apply.]
[EU, US: Article X.4: Standstill

[EU, US: Any conditions, limitations and qualifications to the commitments] [EU: according to Articles 6, 7, 8 and 9 (Financial services purchased by public entities, commercial presence, cross-border Trade, Temporary Entry of Personnel)] [US: in Articles 6, 7 and 8(Financial services purchased by public entities, commercial presence, cross-border trade)] [EU, US: shall be limited to existing non-conforming measures.]

[AU: The conditions and qualifications on commitments [EU: according to Articles 6, 7, 8 and 9] [US: in Articles 6, 7 and 8] shall be limited to measures that a Party maintains on the date this Agreement takes effect, or the continuation or prompt renewal of such measures.]

Article X.5: Monopoly Rights

[EU, US: In addition to (Article XX/monopolies and exclusive service suppliers) of the Agreement, the following shall apply:

Each Party shall list in its Schedule pertaining to financial services existing monopoly rights and shall endeavor to eliminate them or reduce their scope. Notwithstanding paragraph 2 of Article 1 of this Annex/section, this paragraph applies to the activities referred to in paragraph 2(c) of Article 1 of this Annex/section.]

Article X.6: Financial Services Purchased by Public Entities

[EU, US: Notwithstanding [Section/Article X] of the Agreement [on government procurement] and subject to any conditions, limitations and qualifications that a Party shall set out in its Schedule in accordance with Article X.4 (Standstill), each Party shall ensure that financial service suppliers of any other Party established in its territory are accorded most-favored-nation treatment and national treatment as regards the purchase or acquisition of financial services by public entities of the Party in its territory.]

Article X.7: Commercial Presence

[EU, US: Subject to any conditions, limitations and qualifications that a Party shall set out in its Schedule in accordance with Article X.4 (Standstill),] [AU: Subject to any terms limitations, conditions, and qualifications that the Party shall set out in its Schedule,] [E][e]ach Party shall grant financial service suppliers of any other Party the right to establish or expand within its territory, including through the acquisition of existing enterprises, [PA: and without the imposition of numerical restrictions, 1] a commercial presence.
1bis. A Party may impose terms, conditions and procedures for authorization of the establishment and expansion of a commercial presence in so far as they do not circumvent the Party’s obligation under paragraph 1 and they are consistent with the other obligations of this Agreement [PA: in particular:

impose a term or condition on the establishment of additional commercial presences and determine the institutional and juridical form to be used to supply a specified financial service or to carry out of а specified activity;
prohibit a particular financial service or activity. Such a prohibition may not apply to all financial services or to a complete financial services sub-sector such as banking; or
require that a financial service supplier of another Party be engaged in the business of providing financial services in the territory of that other Party, without prejudice to other forms of prudential regulation.]
[PA: Each Party shall permit financial service suppliers of any other Party that owns or controls a financial institution in the Party’s territory to establish in that territory as many additional commercial presences as may be necessary for the supply of the full range of financial services allowed under the domestic law of the Party at the time of establishment of the additional commercial presences.]
Article X.8: Cross-Border Trade

[EU, US: Subject to any conditions, limitations and qualifications that a Party shall set out in its Schedule in accordance with Article X.4 (Standstill),] [AU: Subject to any terms limitations, conditions and qualifications that the Party shall set out in its Schedule,] [e][E]ach Party shall permit non-resident suppliers of financial services to supply, as a principal, through an intermediary or as an intermediary, [PA, EU, Norway: and under terms and conditions that accord national treatment,]: the following services:
insurance of risks relating to:
maritime shipping and commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the [Norway: passengers and] goods being transported, the vehicle transporting the [Norway: passengers and] goods and any liability arising therefrom;
[Norway: ocean-going fishing vessels];
[Norway: exploration, development, production activities, and properties in the offshore energy sector by large customers 2]; and
goods in international transit];
reinsurance and retrocession;
services auxiliary to insurance as referred to in subparagraph (a)(iv) of Article 2 of the Annex;
provision and transfer of financial information and financial data processing [US: and related software] as referred to in subparagraph (a) (xv) and advisory and other auxiliary services, excluding intermediation, relating to banking and other financial services as referred to in subparagraph (a)(xvi), both of Article 2 of the Annex.
[US, CA, CH: investment advice to a collective investment scheme located in the Party’s territory;]
[US, CH: portfolio management services to a collective investment scheme located in the Party’s territory, excluding
trustee services;
custodial services and execution services that are not related to managing a collective investment scheme.3]
[US: electronic payment services for payment card transactions 4 into its territory from the territory of another Party by a person of that Party. For the purposes of this subsection:
a “payment card” includes a credit card, charge card, debit card, check card, automated teller machine (“ATM”) card, prepaid card, and other similar card or access device, and the unique account number associated with that card or access device; and
“electronic payment services for payment card transactions” does not include the transfer of funds to and from transactors’ accounts. Furthermore, “electronic payment services for payment card transactions” includes only those payment network services that use proprietary networks to process payment transactions.]
[PA: Each Party shall permit a person located in its territory, and its nationals wherever located, to purchase a financial service from a cross-border financial service supplier of another Party located in the territory of another Party.]

[US, EU: Subject to any conditions, limitations and qualifications that a Party shall set out in its Schedule in accordance with Article X.4 (Standstill),] [EU, Norway, US: [e] [E]ach Party shall permit its residents to purchase in the territory of any other Party the financial services indicated in:

paragraph 1(a);
paragraphs 1(b) and 1(c); and
subparagraphs (a)(v) to (xvi) of Article X.2.]
[PA: Without prejudice to other means of prudential regulation of cross-border trade in financial services, a Party may require the registration of cross-border financial service suppliers of another Party and of financial instruments.]
[EU: Article X.9: Temporary Entry of Personnel (to be adapted to horizontal M4 provisions)

Subject to any conditions, reservations and qualifications that a Party shall set out in its Schedule in accordance with Article X.4 (Standstill), [AU: Subject to any terms limitations, conditions and qualifications that the Party shall set out in its Schedule,] each Party shall permit temporary entry into its territory of the following personnel of a financial service supplier of any other Party that is establishing or has established a commercial presence in the territory of the Party:
senior managerial personnel possessing proprietary information essential to the establishment, control and operation of the services of the financial service supplier; and
specialists in the operation of the financial service supplier.
Subject to conditions, reservations and qualifications that a Party shall set out in its Schedule in accordance with Article X.4 (Standstill), [AU: Subject to any terms limitations, conditions and qualifications that the Party shall set out in its Schedule,] each Party shall permit, subject to the availability of qualified personnel in its territory, temporary entry into its territory of the following personnel associated with a commercial presence of a financial service supplier of any other Party:
specialists in computer services, telecommunication services and accounts of the financial service supplier; and
actuarial and legal specialists.]
Article X.10: New Financial Services

Each Party shall permit financial service suppliers of any other Party established in its territory to [PA, US: supply any new financial service that the Party would permit its own like financial services supplier to supply without adopting a law or modifying an existing law.5]

[EU: to offer in its territory any new financial service.]

[PA, EU: A Party may determine the juridical form through which the service may be provided and may require authorization for the provision of the service. Where such authorization is required, a decision shall be made within a reasonable time and the authorization may only be refused for prudential reasons.]

[US: Notwithstanding (Market Access, paragraph on juridical form), a Party may determine the institutional and juridical form through which the new financial service may be supplied, and may require authorization for the supply of the service. Where a Party requires a financial service supplier to obtain authorization to supply a new financial service, the Party shall decide within a reasonable time whether to issue the authorization and the authorization may only be refused for prudential reasons.]

Article X.11: [PA: Data Processing and Treatment of Certain Information] [EU: Transfers of Information and Processing of Information] [US: Transfer of Information]

[PA, EU: No Party shall take measures that prevent transfers of information or the processing of financial information, including transfers of data by electronic means, into and out of its territory, for data processing or that, subject to importation rules consistent with international agreements, prevent transfers of equipment, where such transfers of information, processing of financial information or transfers of equipment are necessary for the conduct of the ordinary business of a financial service supplier. Nothing in this paragraph restricts the right of a Party to protect personal data, personal privacy and the confidentiality of individual records and accounts so long as such right is not used to circumvent the provisions of this Agreement.]
[PA: Notwithstanding paragraph 1, a Party is not required to furnish or allow access to:
information related to the financial affairs and accounts of an individual customer of a financial institution or a cross-border financial service supplier; or
confidential information which if disclosed would impede law enforcement or otherwise contrary to the public interest or prejudice legitimate commercial interests of a particular commercial presence.]
[US: Each Party shall allow a financial service supplier of another Party to transfer information in electronic or other form, into and out of its territory, for data processing where such processing is required in the financial service supplier’s ordinary course of business.]

[KR: The scope of financial information will be defined by each Party’s domestic laws and regulations.]
Article X.12: Payment and Clearing Systems

Under terms and conditions that accord national treatment, each Party shall grant to financial service suppliers of any other Party established in its territory access to payment and clearing systems operated by public entities, and to official funding and refinancing facilities available in the normal course of ordinary business. This paragraph is not intended to confer access to the Party’s lender of last resort facilities.

Article X.13: Self-Regulatory Organizations

[PA, EU: When membership or participation in, or access to, any self-regulatory body, securities or futures exchange or market, clearing agency, or any other organization or association, is required by a Party in order for financial service suppliers of any other Party to supply financial services on an equal basis with financial service suppliers of the Party, or when a Party provides directly or indirectly such entities, privileges or advantages in supplying financial services, the Party shall ensure that such entities accord national treatment to financial service suppliers of any other Party resident in the territory of the Party.] [PA: subject to any conditions and qualifications set out in its Schedule.]

[US: Where a Party requires a financial service supplier of another Party to be a Party of, participate in, or have access to, a self-regulatory organization to provide a financial service in or into the territory of that Party, the Party shall ensure observance of the obligations of Articles [I-4] (National Treatment) and [xx] (Most Favored Nation Treatment) by such self-regulatory organization.]

[PA: For purposes of the national treatment obligations in Article X.7 (Cross-Border Trade), a Party shall accord to a cross-border financial service supplier of another Party treatment no less favorable than that it accords to its own financial service suppliers, in like circumstances, with respect to the supply of the relevant service.]
[PA: Differences in market share, profitability or size do not in themselves establish a breach of the obligations under this Article.]
PA: Article X.14: Senior Management and Boards of Directors

[PA: A Party may not require a financial institution of another Party to engage natural persons of any particular nationality as senior managerial or other essential personnel.]
[PA: A Party may not require that more than a simple majority of the board of directors of a financial institution of another Party be composed of nationals of the Party or natural persons residing in the territory of the Party.]
Article X.15 Non-discriminatory measures

Each Party shall endeavor to remove or to limit any significant adverse effects on financial service suppliers of any other Party of:
non-discriminatory measures that prevent financial service suppliers from offering in the Party’s territory, in the form determined by the Party, all the financial services permitted by the Party;
non-discriminatory measures that limit the expansion of the activities of financial service suppliers into the entire territory of the Party;
measures of a Party, when such a Party applies the same measures to the supply of both banking and securities services, and a financial service supplier of any other Party concentrates its activities in the provision of securities services; and
other measures that, although respecting the provisions of the Agreement, affect adversely the ability of financial service suppliers of any other Party to operate, complete or enter the Party’s market;
provided that any action taken under this paragraph would not unfairly discriminate against financial service suppliers of the Party taking such action.

With respect to the non-discriminatory measures referred to in [subparagraphs [x(a) and (b) (immediately above)]] a Party shall endeavor not to limit or restrict the present degree of market opportunities, nor the benefits already enjoyed by financial service suppliers of another Party as a class in the territory of the Party, provided that this commitment does not result in unfair discrimination against financial service suppliers of the Party applying such measures.
[PA: Article X.16: Transparent Regulations

The Parties recognize that transparent regulations and policies governing the activities of financial institutions and financial service suppliers are important in facilitating access of financial institutions and financial suppliers to, and their operations in, each other’s markets.
Each Party shall make available to interested persons domestic requirements and applicable procedures for completing applications relating to the supply of financial services. Upon request of an applicant, the Party concerned shall inform the applicant of the status of its application. If the Party concerned requires additional information from the applicant, it shall notify the applicant without undue delay.
Where a license or an authorization is required for the supply of a financial service, the competent authorities of a Party shall make the requirements for such a license or authorization publicly available. The period of time normally required to reach a decision concerning an application for a license or an authorization shall:
be made available to the applicant upon request;
be made publicly available; or
be made available by a combination of both.]
[EU, TR: Article X.16 Effective and Transparent Regulation

Each Party shall, to the extent practicable, provide in advance to all interested persons any measure of general application that the Party proposes to adopt in order to allow an opportunity for such persons to comment on the measure. Such measure shall be provided:
by means of an official publication; or
in other written or electronic form.
Each Party shall make available to interested persons its requirements for completing applications relating to the supply of financial services.

On the request of an applicant, the concerned Party shall inform the applicant of the status of its application. If the concerned Party requires additional information from the applicant, it shall notify the applicant without undue delay. [para. 2 may need to be adapted to DR chapter]

[EU: Each Party shall make its best endeavors to ensure that] [TR: Parties are encouraged to ensure that/ Parties shall take into consideration, where appropriate, that/ Special regard shall be given that] internationally agreed standard for regulation and supervision in the financial services sector and for the fight against tax evasion and avoidance are implemented and applied in its territory. Such internationally agreed standards are, inter alia, those adopted by the G20, the Financial Stability Board (FSB), the Basel Committee on Banking Supervision (BCBS), the International Association of Insurance Supervisors (IAIS), the International Organization of Securities Commissions (IOSCO), the Financial Action Task Force (FATF) and the Organization for Economic Cooperation and Development (OECD).
The Parties [EU: also take note of the] [TR: shall, whenever appropriate draw guidance from the] “Ten Key Principles for Information Exchange” promulgated by the G7, and will take all steps necessary to try to apply them in their bilateral contacts.]

[US: Article X.16: Transparency

Articles [XX] of Annex [XX] (Domestic Regulations and/or Transparency) shall not apply to measures within the scope of this Annex.
The Parties recognize that transparent regulations and policies governing the activities of financial service suppliers are important in facilitating their ability to gain access to and operate in each other’s market. Each Party commits to promote regulatory transparency in trade in financial services.
Each Party shall ensure that all measure of general application to which this Annex applies are administered in a reasonable, objective, and impartial manner.
Each Party shall, to the extent practicable,
publish in advance any regulations of general application relating to the subject matter of this Annex that it proposes to adopt and the purpose of the regulation; and
provide interested persons and Parties a reasonable opportunity to comment on such proposed regulations.
At the time it adopts a final regulation, a Party should, to the extent practicable, address in writing substantive comments received from interested persons with respect to the proposed regulation.
Each Party should, to the extent practicable, allow reasonable time between publication of a final regulation of general application and its effective date.
Each Party shall ensure that a rule of general application adopted or maintained by self-regulatory organizations of the Party is promptly published or otherwise made available in such a manner as to enable interested persons to become acquainted with it.
Each Party shall maintain or establish appropriate mechanisms for responding to inquires from interested persons regarding a measure of general application covered by this Annex.
Each Party’s regulatory authorities shall make publicly available to interested persons the requirements, including any documentation required, for completing an application relating to the supply of financial services.
On the request of an applicant, a Party’s regulatory authority shall inform the applicant of the status of its application. If the authority requires additional information from the applicant, it shall notify the applicant without undue delay.
A Party’s regulatory authority shall make an administrative decision on a completed application of a financial service supplier of another Party relating to the supply of a financial service within 120 days, and shall promptly notify the applicant of the decision. An application shall not be considered complete until all relevant hearing are held and all necessary information is received. Where it is not practicable for a decision to be made within 120 days, the regulatory authority shall notify the applicant without undue delay and shall endeavor to make the decision within a reasonable time thereafter.
On the request of an unsuccessful applicant, a regulatory authority that has denied an application shall, to the extent practicable, inform the applicant of the reasons for denial of the application.]
Article X.17: Prudential Measures

Notwithstanding any other provision of the Agreement, a Party shall not be prevented from [PA, EU: taking] [US: adopting or maintaining] measures for prudential reasons, including for:
the protection of investors, depositors, [PA, US financial market users], policy-holders or persons to whom a fiduciary duty is owed by a financial service supplier; or
to ensure the integrity and stability of a Party’s financial system.
Where such measures do not conform with the provisions of this Agreement, they shall not be used as a means of avoiding the Party’s commitments or obligations under the Agreement.
[US, EU Article X.18: Treatment of Information

 Nothing in this Agreement shall be construed to require a Party to disclose information relating to the affairs and accounts of individual consumers or any confidential or proprietary information in the possession of public entities.]

[EU, US: Article X.19: Recognition

A Party may recognize a prudential measure of any other country in determining how the Party’s measure relating to financial services shall be applied. Such recognition, which may be achieved through harmonization or otherwise, may be based upon an agreement or arrangement with the country concerned or may be accorded autonomously.
A Party that is a party to such an agreement or arrangement referred to in paragraph [1], whether future or existing, shall afford adequate opportunity for other interested Parties to negotiate their accession to such agreements or arrangements, or to negotiate comparable ones with it, under circumstances in which there would be equivalent regulation, oversight, implementation of such regulation, and, if appropriate, procedures concerning the sharing of information between the Parties to the agreement or arrangement. Where a Party accords recognition autonomously, it shall afford adequate opportunity for any other Party to demonstrate that such circumstances exist.]
[EU, US: Article X.20: Dispute Settlement [EU: may need to be adapted to DS section]]

[EU, US: A Panel for disputes on prudential issues and other financial matters shall have the necessary expertise relevant to the specific financial service under dispute.]
[US: Where a [Panel] finds a measure to be inconsistent with this Agreement and the measure affects:
only a sector other than the financial services sector, the complaining Party may not suspend benefits in the financial services sector; or
the financial services sector and any other sector, the complaining Party may suspend benefits in the financial services sector that have an effect equivalent to the effect of the measure in the Party’s financial services sector.]
[US: Article X.21: Expedited Availability of Insurance

 The Parties recognize the importance of maintaining and developing regulatory procedures to expedite the offering of insurance services by licensed suppliers. These procedures may include allowing introduction of products unless those products are disapproved within a reasonable time; not requiring product approval or authorization of insurance lines for insurance other than insurance sold to individuals or compulsory insurance; and not imposing limitations on the number or frequency of product introductions. If a Party maintains regulatory product approval procedures related to the offering of products within the scope of an insurance license, the Party shall endeavor to maintain or improve these existing procedures.]

[US: Article X.22: Supply of Insurance by Postal Insurance Entities

The disciplines set out in this section apply where a Party allows its postal insurance entity to underwrite and supply direct insurance services to the general public. The services covered by this paragraph do not include the supply of insurance related to the collection, transport and delivery of letters or packages by a Party’s postal insurance entity.
No Party [KR: to the extent possible] adopt or maintain a measure that creates conditions of competition that are more favorable to a postal insurance entity with respect to the supply of insurance services described in paragraph 1 as compared to a private supplier of like insurance services in its market, including by:
imposing more onerous conditions on a private supplier’s license to supply insurance services than the conditions the Party imposes on a postal insurance entity to supply like services; or
making a distribution channel for the sale of insurance services available to a postal insurance entity under terms and conditions more favorable than those it applies to private suppliers of like services.
With respect to the supply of insurance services described in paragraph 1 by a postal insurance entity, a Party shall apply the same [KR: level of] regulations and enforcement activities as apply to the supply of like insurance services by private suppliers.
In implementing its obligations under paragraph 3, a Party shall require a postal insurance entity that supplies insurance services described in paragraph 1 to publish an annual financial statement with respect to the supply of such services. The statement shall provide the level of detail and meet the auditing standards required under the generally accepted accounting and auditing principles, or equivalent rules, applied in the Party’s territory with respect to publicly traded private enterprises supplying like services.

[KR: The statement shall provide the level of detail and meet the auditing standards required under the generally accepted accounting and auditing principles, or equivalent rules, applied in the Party’s territory with respect to publicly traded private enterprises supplying like services.]

If a Panel under [Dispute Settlement] finds that a Party is maintaining a measure inconsistent with any of the commitments in paragraphs 2 through 4, the Party shall notify the complaining Party or Parties and provide an opportunity for consultations prior to allowing the postal insurance entity to:
issue a new insurance product, or modify an existing product in a manner equivalent to the creation of a new product, in competition with like insurance products supplied by a private supplier in the Party’s market; or
increase any limitation on the value of insurance, either in total or with regard to any type of insurance product, that the entity may sell to a single policyholder.
[KR: If a Panel under [Dispute Settlement] finds that a Party is maintaining a measure inconsistent with any of the commitments in paragraphs 2 through 4, the Party shall notify the complaining Party or Parties and provide an opportunity for consultations prior to allowing the postal insurance entity to:

(a) issue a new insurance product, or modify an existing product in a manner equivalent to the creation of a new product, in competition with like insurance products supplied by a private supplier in the Party’s market; or
(b) increase any limitation on the value of insurance, either in total or with regard to any type of insurance product, that the entity may sell to a single policyholder.]
This section does not apply to a postal insurance entity in the territory of a Party:
that the Party neither owns nor controls, directly or indirectly, as long as the Party does not maintain any advantage that modifies the conditions of competition in favor of the postal insurance entity in the supply of insurance services as compared to a private supplier of like insurance services in its market; or
if neither the sale of direct life nor non-life insurance underwritten by the postal insurance entity accounts for more than ten percent of total annual premium income in the relevant segment of the Party’s market as of [DATE CERTAIN].
If a postal insurance entity in the territory of a Party exceeds the percentage threshold referred to in paragraph 6(b) after the date the Party signs the Agreement, the Party shall [KR: to the extent practicable,] ensure that the postal insurance entity is:
regulated by and subject to the enforcement of the same authorities that regulate and conduct enforcement activities with respect to the supply of insurance services by private suppliers; and
subject to the financial reporting requirements applying to financial services supplies supplying insurance services.
For purposes of this section, postal insurance entity means an entity that underwrites and sells insurance to the general public and is owned or controlled, directly or indirectly by a postal entity of the Party.]
[US: Additional proposal on sectoral cooperatives selling insurance under consideration.]

1 For the purpose of this Article, “numerical restrictions” means limitations imposed either on the basis of a regional subdivision or on the basis of the entire territory of a Party, on the number of financial institutions whether in the form of a numerical quota, a monopoly, an exclusive service supplier or the requirements of an economic needs test.

2 [Norway: with an activity of at least 10 man-years or annual sales of above USD 10 million]

3 Custodial services are included in paragraph (e) only with respect to investments for which the primary market is outside of the territory of the Party.

4 For great certainty, the electronic payment services for payment card transactions referred to in this commitment fall within subparagraph (h) of the definition of “financial service” in Article 2, and within subcategory 71593 of the United Nations Central Product Classification, Version 2.0, and include only the processing of financial transactions such as verification of financial balances, authorization of transactions, notification of banks (or credit card issuers) of individual transactions and provision of daily summaries and instructions regarding the net financial position of relevant institutions for authorized transactions.

5 For greater certainty, a Party may issue a new regulation or other subordinate measure in permitting the supply of the new financial service.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx13

Trade in Services Agreement (TISA)
Financial Services Annex
WikiLeaks release: June 19, 2014
This is the secret draft of the Trade in Services Agreement (TISA) Financial Services Annex, currently
under negotiation between Australia, Canada, Chile, Chinese Taipei (Taiwan), Colombia, Costa Rica,
Hong Kong, Iceland, Israel, Japan, Liechtenstein, Mexico, New Zealand, Norway, Pakistan, Panama,
Paraguay, Peru, South Korea, Switzerland, Turkey, the United States, and the European Union,
including its 28 member states Austria, Belgium, Bulgaria, Cyprus, Croatia, Czech Republic, Denmark,
Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg,
Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United
Kingdom. The Agreement is meant to liberalize trade in services amongst the world's largest services
providers, and it is being negotiated outside of the WTO framework. TISA members hold the largest
services markets worldwide, with a combined GDP of over two-thirds of the world economy. This text
was drafted just before the 6th round of TISA negotiations held from 28 April - 2 May in Geneva,
Switzerland. The next round of negotiations are set to be held 23-27 June in Geneva.
Description
Keywords: WTO, GATS, TISA, G20, BCBS, IAIS, IOSCO, FATF, OECD, trade
agreement, negotiation, draft, financial services, investment, banking,
credit, privacy
Restraint: Limited - contains TISA-U.S. CONFIDENTIAL Information
Modified handling authorized
Title: Trade in Services Agreement (TISA) Annex [X]: Financial Services,
Consolidation of text proposals
Date: April 14, 2014
Group: Trade in Services Agreement
Author: Trade in Services Agreement country negotiators
Link: http://wikileaks.org/tisa-financial
Pages: 18
This Document Contains TISA- U.S.CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
Annex [X]: Financial Services
Consolidation of text proposals as of 14 April 2014
___________________________
Reason: 1.4(b)
Declassify on: Five years from entry
into force of the TISA
agreement or, if no
agreement enters into
force, five years from the
close of the negotiations.
* This document must be protected from
unauthorized disclosure, but may be mailed
or transmitted over unclassified e-mail or
fax, discussed over unsecured phone lines,
and stored on unclassified computer
systems. It must be stored in a locked or
secured building, room, or container.
This Document Contains TISA- U.S.CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
Annex [X]: Financial Services
*Working consolidated draft among the proponents as of 14 April 2014; draft is without
prejudice to further proposals or positions of the proponents.
________________________
Article X.1: Scope
1. This section/Annex applies to measures affecting the supply of financial services
[TR: subject to any conditions, reservations and qualifications inscribed in its
Schedule of specific commitments.]
2. For the purposes of subparagraph 3(b) of Article I-1 of the Agreement, “services
supplied in the exercise of governmental authority” means the following:
(a) activities conducted by a central bank or monetary authority or by any other
public entity in pursuit of monetary or exchange rate policies;
(b) activities forming part of a statutory system of social security or public
retirement plans; and
(c) other activities conducted by a public entity for the account or with the
guarantee or using the financial resources of the Party or its public entities.
3. For the purposes of subparagraph 3(b) of Article I-1 of the Agreement, if a Party
allows any of the activities referred to in subparagraphs (b) or (c) of paragraph 2
of this Article to be conducted by its financial service suppliers in competition
with a public entity or a financial service supplier, “services” shall include such
activities.
4. Subparagraph 3(c) of Article I-1 of the Agreement shall not apply to services
covered by this Annex.
Article X.2: Definitions
For purposes of this Annex/section:
(a) A financial service is any service of a financial nature offered by a financial
service supplier of a Party. Financial services include all insurance and
insurance-related services and all banking and other financial services
(excluding insurance). Financial services include the following activities:
Insurance and insurance-related services
(i) direct insurance (including co-insurance):
A. life;
B. non-life;
(ii) reinsurance and retrocession;
(iii) insurance intermediation, such as brokerage and agency;
This Document Contains TISA- U.S.CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
(iv) services auxiliary to insurance, such as consultancy, actuarial, risk
assessment and claim settlement services;
Banking and other financial services (excluding insurance)
(v) acceptance of deposits and other repayable funds from the public;
(vi) lending of all types, including consumer credit, mortgage credit,
factoring and financing of commercial transaction;
(vii) financial leasing;
(viii) all payment and money transmission services, including credit,
charge and debit cards, travelers checks and bankers drafts;
(ix) guarantees and commitments;
(x) trading for own account or for account of customers, whether on an
exchange, in an over-the-counter market or otherwise, the following:
(A) money market instruments (including checks, bills, certificates
of deposits);
(B)foreign exchange;
(C) derivative products including, but not limited to, futures and
options;
(D)exchange rate and interest rate instruments, including products
such as swaps, forward rate agreements;
(E) transferable securities;
(F) other negotiable instruments and financial assets, including
bullion;
(xi) participation in issues of all kinds of securities, including
underwriting and placement as agent (whether publicly or privately)
and provision of services related to such issues;
(xii) money broking;
(xiii) asset management, such as cash or portfolio management, all
forms of collective investment management, pension fund
management, custodial, depositary and trust services;
(xiv) settlement and clearing services for financial assets, including
securities, derivative products and other negotiable instruments;
(xv) provision and transfer of financial information, and financial data
processing and related software by suppliers of other financial
services;
(xvi) advisory, intermediation and other auxiliary financial services on
all the activities listed in subparagraphs (v) through (xv), including
credit reference and analysis, investment and portfolio research and
advice, advice on acquisitions and on corporate restructuring and
strategy.
This Document Contains TISA- U.S.CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
(b) A “financial service supplier” means any natural or juridical person of a
Party wishing to supply or supplying financial services, but the term “financial
service supplier” does not include a public entity.
(c) “public entity” means:
(i) a government, a central bank or a monetary authority, of a Party, or an
entity owned or controlled by a Party, that is principally engaged in
carrying out governmental functions or activities for governmental
purposes, not including an entity principally engaged in supplying
financial services on commercial terms; or
(ii) a private entity performing functions normally performed by a central
bank or monetary authority, when exercising those functions.
(d) “commercial presence” means an enterprise within a Party’s territory for the
supply of financial services and includes wholly or partly owned subsidiaries,
joint ventures, partnerships, sole proprietorships, franchising operations,
branches, agencies, representative offices or other organizations;
(e) [PA: “financial institution” means a financial intermediary or other
commercial presence that is authorized to do business and regulated or
supervised as a financial institution under the domestic law of the Party in
whose territory it is located;]
(f) A “new financial service” is a service of a financial nature, including
services related to existing and new products or the manner in which a product
is delivered, that is not supplied by any financial service supplier in the
territory of a Party but which is supplied in the territory of [PA: another
Party].
(g) [PA: “self-regulatory organization” means a non-governmental body that
exercises its own or delegated regulatory or supervisory authority over
financial service suppliers or financial institutions, including a securities or
futures exchange or market, clearing agency, or other organization or
association.]
(h) [EU, US: A “non-resident supplier of financial services” is a financial
service supplier of a Party which supplies a financial service into the territory
of another Party from an establishment located in the territory of another
Party, regardless of whether such a financial services supplier has or has not a
commercial presence in the territory of the Party in which the financial service
is supplied.]
[US: Article X.3: Scheduling Financial Services Commitments
Market Access
1. Each Party shall [HKC: subject to any conditions, reservations, and qualifications
inscribed in the Schedule] inscribe in its Schedule, pursuant to Article I-3 of the
Agreement, a commitment with respect to
This Document Contains TISA- U.S.CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
(a) the supply of financial services through commercial presence; and
(b) the supply of financial services listed in Article X.8 [cross-border trade]
with respect to the supply of a financial service from the territory of one
Party into the territory of any other Party, or in the territory of one Party to
the service consumer of any other Party.
National Treatment
2. With respect to the supply of a financial service from the territory of one Party
into the territory of any other Party, or in the territory of one Party to the service
consumer of any other Party,
(a) Article I-4 (National Treatment) of the Agreement shall apply to only the
supply of financial services listed in Article X.8 [cross-border trade],
unless a Party otherwise specifies in its Schedule; and
(b) paragraph 3 of Article II-2 of the Agreement shall not apply.]
[EU, US: Article X.4: Standstill
[EU, US: Any conditions, limitations and qualifications to the commitments] [EU:
according to Articles 6, 7, 8 and 9 (Financial services purchased by public entities,
commercial presence, cross-border Trade, Temporary Entry of Personnel)] [US: in
Articles 6, 7 and 8 (Financial services purchased by public entities, commercial presence,
cross-border trade)] [EU, US: shall be limited to existing non-conforming measures.]
[AU: The conditions and qualifications on commitments [EU: according to Articles 6, 7,
8 and 9] [US: in Articles 6, 7 and 8] shall be limited to measures that a Party maintains on
the date this Agreement takes effect, or the continuation or prompt renewal of such
measures.]
Article X.5: Monopoly Rights
[EU, US: In addition to (Article XX/monopolies and exclusive service suppliers) of the
Agreement, the following shall apply:
Each Party shall list in its Schedule pertaining to financial services existing monopoly
rights and shall endeavor to eliminate them or reduce their scope. Notwithstanding
paragraph 2 of Article 1 of this Annex/section, this paragraph applies to the activities
referred to in paragraph 2(c) of Article 1 of this Annex/section.]
Article X.6: Financial Services Purchased by Public Entities
[EU, US: Notwithstanding [Section/Article X] of the Agreement [on government
procurement] and subject to any conditions, limitations and qualifications that a Party
shall set out in its Schedule in accordance with Article X.4 (Standstill), each Party shall
ensure that financial service suppliers of any other Party established in its territory are
This Document Contains TISA- U.S.CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
accorded most-favored-nation treatment and national treatment as regards the purchase or
acquisition of financial services by public entities of the Party in its territory.]
Article X.7: Commercial Presence
1. [EU, US: Subject to any conditions, limitations and qualifications that a Party
shall set out in its Schedule in accordance with Article X.4 (Standstill),] [AU:
Subject to any terms limitations, conditions, and qualifications that the Party shall
set out in its Schedule,] [E][e]ach Party shall grant financial service suppliers of
any other Party the right to establish or expand within its territory, including
through the acquisition of existing enterprises, [PA: and without the imposition of
numerical restrictions,1
] a commercial presence.
1bis. A Party may impose terms, conditions and procedures for authorization of the
establishment and expansion of a commercial presence in so far as they do not
circumvent the Party’s obligation under paragraph 1 and they are consistent with the
other obligations of this Agreement [PA: in particular:
(a) impose a term or condition on the establishment of additional commercial
presences and determine the institutional and juridical form to be used to
supply a specified financial service or to carry out of a specified activity;
(b) prohibit a particular financial service or activity. Such a prohibition may not
apply to all financial services or to a complete financial services sub-sector
such as banking; or
(c) require that a financial service supplier of another Party be engaged in the
business of providing financial services in the territory of that other Party,
without prejudice to other forms of prudential regulation.]
2. [PA: Each Party shall permit financial service suppliers of any other Party that
owns or controls a financial institution in the Party’s territory to establish in that
territory as many additional commercial presences as may be necessary for the
supply of the full range of financial services allowed under the domestic law of
the Party at the time of establishment of the additional commercial presences.]
Article X.8: Cross-Border Trade
1. [EU, US: Subject to any conditions, limitations and qualifications that a Party
shall set out in its Schedule in accordance with Article X.4 (Standstill),] [AU:
Subject to any terms limitations, conditions and qualifications that the Party shall
set out in its Schedule,] [e][E]ach Party shall permit non-resident suppliers of
financial services to supply, as a principal, through an intermediary or as an
1 For the purpose of this Article, “numerical restrictions” means limitations
imposed either on the basis of a regional subdivision or on the basis of the entire territory of a
Party, on the number of financial institutions whether in the form of a numerical quota, a
monopoly, an exclusive service supplier or the requirements of an economic needs test.
This Document Contains TISA- U.S.CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
intermediary, [PA, EU, Norway: and under terms and conditions that accord
national treatment,]: the following services:
(a) insurance of risks relating to:
(i) maritime shipping and commercial aviation and space launching
and freight (including satellites), with such insurance to cover any
or all of the following: the [Norway: passengers and] goods being
transported, the vehicle transporting the [Norway: passengers and]
goods and any liability arising therefrom;
(ii) [Norway: ocean-going fishing vessels];
(iii)[Norway: exploration, development, production activities, and
properties in the offshore energy sector by large customers2
]; and
(iv) goods in international transit];
(b) reinsurance and retrocession;
(c) services auxiliary to insurance as referred to in subparagraph (a)(iv) of
Article 2 of the Annex;
(d) provision and transfer of financial information and financial data
processing [US: and related software] as referred to in subparagraph (a)
(xv) and advisory and other auxiliary services, excluding intermediation,
relating to banking and other financial services as referred to in
subparagraph (a)(xvi), both of Article 2 of the Annex.
(e) [US, CA, CH: investment advice to a collective investment scheme
located in the Party’s territory;]
(f) [US, CH: portfolio management services to a collective investment
scheme located in the Party’s territory, excluding
(i) trustee services;
(ii) custodial services and execution services that are not related to
managing a collective investment scheme.3
]
2 [Norway: with an activity of at least 10 man-years or annual sales of above
USD 10 million]
3 Custodial services are included in paragraph (e) only with respect to investments
for which the primary market is outside of the territory of the Party.
This Document Contains TISA- U.S.CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
(g) [US: electronic payment services for payment card transactions4
into its
territory from the territory of another Party by a person of that Party. For
the purposes of this subsection:
(i) a “payment card” includes a credit card, charge card, debit card,
check card, automated teller machine (“ATM”) card, prepaid card,
and other similar card or access device, and the unique account
number associated with that card or access device; and
(ii) “electronic payment services for payment card transactions” does
not include the transfer of funds to and from transactors’ accounts.
Furthermore, “electronic payment services for payment card
transactions” includes only those payment network services that
use proprietary networks to process payment transactions.]
2. [PA: Each Party shall permit a person located in its territory, and its nationals
wherever located, to purchase a financial service from a cross-border financial
service supplier of another Party located in the territory of another Party.]
[US, EU: Subject to any conditions, limitations and qualifications that a Party shall set
out in its Schedule in accordance with Article X.4 (Standstill),] [EU, Norway, US: [e]
[E]ach Party shall permit its residents to purchase in the territory of any other Party the
financial services indicated in:
(a) paragraph 1(a);
(b) paragraphs 1(b) and 1(c); and
(c) subparagraphs (a)(v) to (xvi) of Article X.2.]
3. [PA: Without prejudice to other means of prudential regulation of cross-border
trade in financial services, a Party may require the registration of cross-border
financial service suppliers of another Party and of financial instruments.]
[EU: Article X.9: Temporary Entry of Personnel (to be adapted to horizontal M4
provisions)
1. Subject to any conditions, reservations and qualifications that a Party shall set out
in its Schedule in accordance with Article X.4 (Standstill), [AU: Subject to any
terms limitations, conditions and qualifications that the Party shall set out in its
4 For great certainty, the electronic payment services for payment card
transactions referred to in this commitment fall within subparagraph (h) of the definition of
“financial service” in Article 2, and within subcategory 71593 of the United Nations Central
Product Classification, Version 2.0, and include only the processing of financial transactions such
as verification of financial balances, authorization of transactions, notification of banks (or credit
card issuers) of individual transactions and provision of daily summaries and instructions
regarding the net financial position of relevant institutions for authorized transactions.
This Document Contains TISA- U.S.CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
Schedule,] each Party shall permit temporary entry into its territory of the
following personnel of a financial service supplier of any other Party that is
establishing or has established a commercial presence in the territory of the Party:
(i) senior managerial personnel possessing proprietary information
essential to the establishment, control and operation of the services
of the financial service supplier; and
(ii) specialists in the operation of the financial service supplier.
2. Subject to conditions, reservations and qualifications that a Party shall set out in
its Schedule in accordance with Article X.4 (Standstill), [AU: Subject to any
terms limitations, conditions and qualifications that the Party shall set out in its
Schedule,] each Party shall permit, subject to the availability of qualified
personnel in its territory, temporary entry into its territory of the following
personnel associated with a commercial presence of a financial service supplier of
any other Party:
(i) specialists in computer services, telecommunication services and
accounts of the financial service supplier; and
(ii) actuarial and legal specialists.]
Article X.10: New Financial Services
Each Party shall permit financial service suppliers of any other Party established in its
territory to [PA, US: supply any new financial service that the Party would permit its own
like financial services supplier to supply without adopting a law or modifying an existing
law.5
]
[EU: to offer in its territory any new financial service.]
[PA, EU: A Party may determine the juridical form through which the service may be
provided and may require authorization for the provision of the service. Where such
authorization is required, a decision shall be made within a reasonable time and the
authorization may only be refused for prudential reasons.]
[US: Notwithstanding (Market Access, paragraph on juridical form), a Party may
determine the institutional and juridical form through which the new financial service
may be supplied, and may require authorization for the supply of the service. Where a
Party requires a financial service supplier to obtain authorization to supply a new
financial service, the Party shall decide within a reasonable time whether to issue the
authorization and the authorization may only be refused for prudential reasons.]
5 For greater certainty, a Party may issue a new regulation or other subordinate
measure in permitting the supply of the new financial service.
This Document Contains TISA- U.S.CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
Article X.11: [PA: Data Processing and Treatment of Certain Information] [EU:
Transfers of Information and Processing of Information] [US: Transfer of
Information]
1. [PA, EU: No Party shall take measures that prevent transfers of information or the
processing of financial information, including transfers of data by electronic
means, into and out of its territory, for data processing or that, subject to
importation rules consistent with international agreements, prevent transfers of
equipment, where such transfers of information, processing of financial
information or transfers of equipment are necessary for the conduct of the
ordinary business of a financial service supplier. Nothing in this paragraph
restricts the right of a Party to protect personal data, personal privacy and the
confidentiality of individual records and accounts so long as such right is not used
to circumvent the provisions of this Agreement.]
2. [PA: Notwithstanding paragraph 1, a Party is not required to furnish or allow
access to:
(a) information related to the financial affairs and accounts of an individual
customer of a financial institution or a cross-border financial service
supplier; or
(b) confidential information which if disclosed would impede law
enforcement or otherwise contrary to the public interest or prejudice
legitimate commercial interests of a particular commercial presence.]
[US: Each Party shall allow a financial service supplier of another Party to transfer
information in electronic or other form, into and out of its territory, for data processing
where such processing is required in the financial service supplier’s ordinary course of
business.]
[KR: The scope of financial information will be defined by each Party’s domestic laws
and regulations.]
Article X.12: Payment and Clearing Systems
Under terms and conditions that accord national treatment, each Party shall grant to
financial service suppliers of any other Party established in its territory access to payment
and clearing systems operated by public entities, and to official funding and refinancing
facilities available in the normal course of ordinary business. This paragraph is not
intended to confer access to the Party’s lender of last resort facilities.
Article X.13: Self-Regulatory Organizations
[PA, EU: When membership or participation in, or access to, any self-regulatory body,
securities or futures exchange or market, clearing agency, or any other organization or
association, is required by a Party in order for financial service suppliers of any other
Party to supply financial services on an equal basis with financial service suppliers of the
Party, or when a Party provides directly or indirectly such entities, privileges or
This Document Contains TISA- U.S.CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
advantages in supplying financial services, the Party shall ensure that such entities accord
national treatment to financial service suppliers of any other Party resident in the territory
of the Party.] [PA: subject to any conditions and qualifications set out in its Schedule.]
[US: Where a Party requires a financial service supplier of another Party to be a Party of,
participate in, or have access to, a self-regulatory organization to provide a financial
service in or into the territory of that Party, the Party shall ensure observance of the
obligations of Articles [I-4] (National Treatment) and [xx] (Most Favored Nation
Treatment) by such self-regulatory organization.]
1. [PA: For purposes of the national treatment obligations in Article X.7
(Cross-Border Trade), a Party shall accord to a cross-border financial service
supplier of another Party treatment no less favorable than that it accords to its own
financial service suppliers, in like circumstances, with respect to the supply of the
relevant service.]
2. [PA: Differences in market share, profitability or size do not in themselves
establish a breach of the obligations under this Article.]
PA: Article X.14: Senior Management and Boards of Directors
1. [PA: A Party may not require a financial institution of another Party to engage
natural persons of any particular nationality as senior managerial or other
essential personnel.]
2. [PA: A Party may not require that more than a simple majority of the board of
directors of a financial institution of another Party be composed of nationals of
the Party or natural persons residing in the territory of the Party.]
Article X.15 Non-discriminatory measures
1. Each Party shall endeavor to remove or to limit any significant adverse effects on
financial service suppliers of any other Party of:
(a) non-discriminatory measures that prevent financial service suppliers from
offering in the Party’s territory, in the form determined by the Party, all the
financial services permitted by the Party;
(b) non-discriminatory measures that limit the expansion of the activities of
financial service suppliers into the entire territory of the Party;
(c) measures of a Party, when such a Party applies the same measures to the
supply of both banking and securities services, and a financial service
supplier of any other Party concentrates its activities in the provision of
securities services; and
(d) other measures that, although respecting the provisions of the Agreement,
affect adversely the ability of financial service suppliers of any other Party
to operate, complete or enter the Party’s market;
provided that any action taken under this paragraph would not unfairly discriminate
against financial service suppliers of the Party taking such action.
This Document Contains TISA- U.S.CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
2. With respect to the non-discriminatory measures referred to in [subparagraphs
[x(a) and (b) (immediately above)]] a Party shall endeavor not to limit or restrict
the present degree of market opportunities, nor the benefits already enjoyed by
financial service suppliers of another Party as a class in the territory of the Party,
provided that this commitment does not result in unfair discrimination against
financial service suppliers of the Party applying such measures.
[PA: Article X.16: Transparent Regulations
1. The Parties recognize that transparent regulations and policies governing the
activities of financial institutions and financial service suppliers are important in
facilitating access of financial institutions and financial suppliers to, and their
operations in, each other’s markets.
2. Each Party shall make available to interested persons domestic requirements and
applicable procedures for completing applications relating to the supply of
financial services. Upon request of an applicant, the Party concerned shall inform
the applicant of the status of its application. If the Party concerned requires
additional information from the applicant, it shall notify the applicant without
undue delay.
3. Where a license or an authorization is required for the supply of a financial
service, the competent authorities of a Party shall make the requirements for such
a license or authorization publicly available. The period of time normally required
to reach a decision concerning an application for a license or an authorization
shall:
(a) be made available to the applicant upon request;
(b) be made publicly available; or
(c) be made available by a combination of both.]
[EU, TR: Article X.16 Effective and Transparent Regulation
1. Each Party shall, to the extent practicable, provide in advance to all interested
persons any measure of general application that the Party proposes to adopt in
order to allow an opportunity for such persons to comment on the measure. Such
measure shall be provided:
(a) by means of an official publication; or
(b) in other written or electronic form.
2. Each Party shall make available to interested persons its requirements for
completing applications relating to the supply of financial services.
On the request of an applicant, the concerned Party shall inform the applicant of the
status of its application. If the concerned Party requires additional information from the
applicant, it shall notify the applicant without undue delay. [para. 2 may need to be
adapted to DR chapter]
This Document Contains TISA- U.S.CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
3. [EU: Each Party shall make its best endeavors to ensure that] [TR: Parties are
encouraged to ensure that/ Parties shall take into consideration, where appropriate,
that/ Special regard shall be given that] internationally agreed standard for
regulation and supervision in the financial services sector and for the fight against
tax evasion and avoidance are implemented and applied in its territory. Such
internationally agreed standards are, inter alia, those adopted by the G20, the
Financial Stability Board (FSB), the Basel Committee on Banking Supervision
(BCBS), the International Association of Insurance Supervisors (IAIS), the
International Organization of Securities Commissions (IOSCO), the Financial
Action Task Force (FATF) and the Organization for Economic Cooperation and
Development (OECD).
The Parties [EU: also take note of the] [TR: shall, whenever appropriate draw guidance
from the] “Ten Key Principles for Information Exchange” promulgated by the G7, and
will take all steps necessary to try to apply them in their bilateral contacts.]
[US: Article X.16: Transparency
1. Articles [XX] of Annex [XX] (Domestic Regulations and/or Transparency) shall
not apply to measures within the scope of this Annex.
2. The Parties recognize that transparent regulations and policies governing the
activities of financial service suppliers are important in facilitating their ability to
gain access to and operate in each other’s market. Each Party commits to promote
regulatory transparency in trade in financial services.
3. Each Party shall ensure that all measure of general application to which this
Annex applies are administered in a reasonable, objective, and impartial manner.
4. Each Party shall, to the extent practicable,
(a) publish in advance any regulations of general application relating to the
subject matter of this Annex that it proposes to adopt and the purpose of
the regulation; and
(b) provide interested persons and Parties a reasonable opportunity to
comment on such proposed regulations.
5. At the time it adopts a final regulation, a Party should, to the extent practicable,
address in writing substantive comments received from interested persons with
respect to the proposed regulation.
6. Each Party should, to the extent practicable, allow reasonable time between
publication of a final regulation of general application and its effective date.
7. Each Party shall ensure that a rule of general application adopted or maintained by
self-regulatory organizations of the Party is promptly published or otherwise
made available in such a manner as to enable interested persons to become
acquainted with it.
This Document Contains TISA- U.S.CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
8. Each Party shall maintain or establish appropriate mechanisms for responding to
inquires from interested persons regarding a measure of general application
covered by this Annex.
9. Each Party’s regulatory authorities shall make publicly available to interested
persons the requirements, including any documentation required, for completing
an application relating to the supply of financial services.
10.On the request of an applicant, a Party’s regulatory authority shall inform the
applicant of the status of its application. If the authority requires additional
information from the applicant, it shall notify the applicant without undue delay.
11.A Party’s regulatory authority shall make an administrative decision on a
completed application of a financial service supplier of another Party relating to
the supply of a financial service within 120 days, and shall promptly notify the
applicant of the decision. An application shall not be considered complete until all
relevant hearing are held and all necessary information is received. Where it is not
practicable for a decision to be made within 120 days, the regulatory authority
shall notify the applicant without undue delay and shall endeavor to make the
decision within a reasonable time thereafter.
12.On the request of an unsuccessful applicant, a regulatory authority that has denied
an application shall, to the extent practicable, inform the applicant of the reasons
for denial of the application.]
Article X.17: Prudential Measures
1. Notwithstanding any other provision of the Agreement, a Party shall not be
prevented from [PA, EU: taking] [US: adopting or maintaining] measures for
prudential reasons, including for:
(a) the protection of investors, depositors, [PA, US financial market users],
policy-holders or persons to whom a fiduciary duty is owed by a financial
service supplier; or
(b) to ensure the integrity and stability of a Party’s financial system.
2. Where such measures do not conform with the provisions of this Agreement, they
shall not be used as a means of avoiding the Party’s commitments or obligations
under the Agreement.
[US, EU Article X.18: Treatment of Information
Nothing in this Agreement shall be construed to require a Party to disclose
information relating to the affairs and accounts of individual consumers or any
confidential or proprietary information in the possession of public entities.]
[EU, US: Article X.19: Recognition
1. A Party may recognize a prudential measure of any other country in determining
how the Party’s measure relating to financial services shall be applied. Such
This Document Contains TISA- U.S.CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
recognition, which may be achieved through harmonization or otherwise, may be
based upon an agreement or arrangement with the country concerned or may be
accorded autonomously.
2. A Party that is a party to such an agreement or arrangement referred to in
paragraph [1], whether future or existing, shall afford adequate opportunity for
other interested Parties to negotiate their accession to such agreements or
arrangements, or to negotiate comparable ones with it, under circumstances in
which there would be equivalent regulation, oversight, implementation of such
regulation, and, if appropriate, procedures concerning the sharing of information
between the Parties to the agreement or arrangement. Where a Party accords
recognition autonomously, it shall afford adequate opportunity for any other
Party to demonstrate that such circumstances exist.]
[EU, US: Article X.20: Dispute Settlement [EU: may need to be adapted to DS
section]]
1. [EU, US: A Panel for disputes on prudential issues and other financial matters
shall have the necessary expertise relevant to the specific financial service under
dispute.]
2. [US: Where a [Panel] finds a measure to be inconsistent with this Agreement and
the measure affects:
(a) only a sector other than the financial services sector, the complaining
Party may not suspend benefits in the financial services sector; or
(b) the financial services sector and any other sector, the complaining Party
may suspend benefits in the financial services sector that have an effect
equivalent to the effect of the measure in the Party’s financial services
sector.]
[US: Article X.21: Expedited Availability of Insurance
The Parties recognize the importance of maintaining and developing regulatory
procedures to expedite the offering of insurance services by licensed suppliers. These
procedures may include allowing introduction of products unless those products are
disapproved within a reasonable time; not requiring product approval or authorization of
insurance lines for insurance other than insurance sold to individuals or compulsory
insurance; and not imposing limitations on the number or frequency of product
introductions. If a Party maintains regulatory product approval procedures related to the
offering of products within the scope of an insurance license, the Party shall endeavor to
maintain or improve these existing procedures.]
[US: Article X.22: Supply of Insurance by Postal Insurance Entities
1. The disciplines set out in this section apply where a Party allows its postal
insurance entity to underwrite and supply direct insurance services to the general
public. The services covered by this paragraph do not include the supply of
This Document Contains TISA- U.S.CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
insurance related to the collection, transport and delivery of letters or packages
by a Party’s postal insurance entity.
2. No Party [KR: to the extent possible] adopt or maintain a measure that creates
conditions of competition that are more favorable to a postal insurance entity
with respect to the supply of insurance services described in paragraph 1 as
compared to a private supplier of like insurance services in its market, including
by:
(a) imposing more onerous conditions on a private supplier’s license to
supply insurance services than the conditions the Party imposes on a
postal insurance entity to supply like services; or
(b) making a distribution channel for the sale of insurance services available
to a postal insurance entity under terms and conditions more favorable
than those it applies to private suppliers of like services.
3. With respect to the supply of insurance services described in paragraph 1 by a
postal insurance entity, a Party shall apply the same [KR: level of] regulations
and enforcement activities as apply to the supply of like insurance services by
private suppliers.
4. In implementing its obligations under paragraph 3, a Party shall require a postal
insurance entity that supplies insurance services described in paragraph 1 to
publish an annual financial statement with respect to the supply of such services.
The statement shall provide the level of detail and meet the auditing standards
required under the generally accepted accounting and auditing principles, or
equivalent rules, applied in the Party’s territory with respect to publicly traded
private enterprises supplying like services.
[KR: The statement shall provide the level of detail and meet the auditing standards
required under the generally accepted accounting and auditing principles, or equivalent
rules, applied in the Party’s territory with respect to publicly traded private enterprises
supplying like services.]
5. If a Panel under [Dispute Settlement] finds that a Party is maintaining a measure
inconsistent with any of the commitments in paragraphs 2 through 4, the Party
shall notify the complaining Party or Parties and provide an opportunity for
consultations prior to allowing the postal insurance entity to:
(a) issue a new insurance product, or modify an existing product in a manner
equivalent to the creation of a new product, in competition with like
insurance products supplied by a private supplier in the Party’s market; or
(b) increase any limitation on the value of insurance, either in total or with
regard to any type of insurance product, that the entity may sell to a single
policyholder.
[KR: If a Panel under [Dispute Settlement] finds that a Party is maintaining a measure
inconsistent with any of the commitments in paragraphs 2 through 4, the Party shall
This Document Contains TISA- U.S.CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*
LIMITED
notify the complaining Party or Parties and provide an opportunity for consultations prior
to allowing the postal insurance entity to:
(a) issue a new insurance product, or modify an existing product in a manner
equivalent to the creation of a new product, in competition with like
insurance products supplied by a private supplier in the Party’s market; or
(b) increase any limitation on the value of insurance, either in total or with
regard to any type of insurance product, that the entity may sell to a single
policyholder.]
6. This section does not apply to a postal insurance entity in the territory of a Party:
(a) that the Party neither owns nor controls, directly or indirectly, as long as
the Party does not maintain any advantage that modifies the conditions of
competition in favor of the postal insurance entity in the supply of
insurance services as compared to a private supplier of like insurance
services in its market; or
(b) if neither the sale of direct life nor non-life insurance underwritten by the
postal insurance entity accounts for more than ten percent of total annual
premium income in the relevant segment of the Party’s market as of
[DATE CERTAIN].
7. If a postal insurance entity in the territory of a Party exceeds the percentage
threshold referred to in paragraph 6(b) after the date the Party signs the
Agreement, the Party shall [KR: to the extent practicable,] ensure that the postal
insurance entity is:
(a) regulated by and subject to the enforcement of the same authorities that
regulate and conduct enforcement activities with respect to the supply of
insurance services by private suppliers; and
(b) subject to the financial reporting requirements applying to financial
services supplies supplying insurance services.
8. For purposes of this section, postal insurance entity means an entity that
underwrites and sells insurance to the general public and is owned or controlled,
directly or indirectly by a postal entity of the Party.]
[US: Additional proposal on sectoral cooperatives selling insurance under
consideration.]
This Document Contains TISA- U.S.CONFIDENTIAL Information
MODIFIED HANDLING AUTHORIZED*

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx13

Memorandum on Leaked TISA Financial Services Text
Professor Jane Kelsey, Faculty of Law, University of Auckland, New
Zealand
This memorandum provides a preliminary analysis of the leaked
financial services chapter of the Trade in Services Agreement dated
14 April 2014. It makes the following points:
• The secrecy of negotiating documents exceeds even the
Trans-Pacific Partnership Agreement (TPPA) and runs counter to
moves in the WTO towards greater openness.
• The TISA is being promoted by the same governments that
installed the failed model of financial (de)regulation in the WTO
and which has been blamed for helping to fuel the Global
Financial Crisis (GFC).
• The same states shut down moves by other WTO Members to
critically debate these rules following the GFC with a view to
reform.
• They want to expand and deepen the existing regime through
TISA, bypassing the stalled Doha round at the WTO and creating
a new template for future free trade agreements and ultimately
for the WTO.
• TISA is designed for and in close consultation with the global
finance industry, whose greed and recklessness has been blamed
for successive crises and who continue to capture rulemaking in
global institutions.
• A sample of provisions from this leaked text show that
governments signing on to TISA will: be expected to lock in and
extend their current levels of financial deregulation and
liberalisation; lose the right to require data to be held onshore;
face pressure to authorise potentially toxic insurance products;
and risk a legal challenge if they adopt measures to prevent or
respond to another crisis.
Without the full TISA text, any analysis is necessarily tentative. The
draft TISA text and the background documents need to be released
to enable informed analysis and decision-making.
1. Unprecedented Secrecy Reverses WTO Trend of Disclosure
The cover sheet records that the draft text will not be declassified
until 5 years after the TISA comes into force or the negotiations are
otherwise closed. Presumably this also applies to other documents
aside from the final text. This exceeds the 4 years in the
1 1
super-secretive Trans-Pacific Partnership Agreement (TPPA)! It also
contradicts the hard-won transparency at the WTO, which has
published documents relating to negotiations online for a number of
years.1
Secrecy during the negotiation of a binding and enforceable
commercial treaty is objectionable and undemocratic, and invites
poorly informed and biased decisions. Secrecy after the fact is
patently designed to prevent the governments from being held
accountable by their legislatures and citizens.
The suppression of background documents (travaux preparatoires)
also creates legal problems. The Vienna Convention on the Law of
Treaties recognises they are an essential tool for interpreting legal
texts. Non-disclosure makes it impossible for policy-makers,
regulators, non-government supervisory agencies, opposition
political parties, financial services firms, academics and other
commentators to understand the intended meaning or apply the
text with confidence.
2. The states driving TISA were responsible for the WTO’s
pro-industry finance rules
The participants in the TISA negotiations are Australia, Canada,
Chile, Chinese Taipei (Taiwan), Colombia, Costa Rica, Hong Kong
China, Iceland, Israel, Japan, Liechtenstein, Mexico, New Zealand,
Norway, Pakistan, Panama, Paraguay, Peru, South Korea,
Switzerland, Turkey, the USA and the European Union, including its
28 member states.
The leaked text shows the US and EU, which pushed financial
services liberalisation in the WTO, are the most active in the
financial services negotiations on TISA. The third most active
participant is the renowned tax haven of Panama.
To understand the implications of the TISA proposals on financial
services it is necessary to understand the comparable WTO texts.
What is commonly called the Financial Services Agreement is a
composite of texts:
i. the General Agreement on Trade in Services (GATS) sets the
framework for rules that govern services transactions between
a consumer of one country and a supplier of another;2
ii. the Annex on Financial Services applies to all WTO Members;3
iii. schedules of commitments specify which financial services
each country has committed to the key rules in (i) and (ii), and
any limitations on those commitments;4
and
iv. a voluntary Understanding on Commitments in Financial
Services5
sets more extensive rules and has an ambivalent
legal status in the WTO.6
2 2
Financial services are defined by a broad and non-exclusive list,
which ranges from life and non-life insurance, reinsurance,
retrocession, banking, trading derivatives and foreign exchange to
funds management, credit ratings, financial advice and data
processing (see Art X.2).
The rules apply to measures that ‘affect’ the supply of financial
services through foreign direct investment (commercial
establishment) or offshore provision by remote delivery or services
purchased in another country (cross-border). They also aim to
‘discipline’ governments in favour of a light handed and
self-regulatory model of financial regulation.
The substantive rules target what the financial services industry
sees as obstacles to its seamless global operations, including:
• limits on the size of financial institutions (too big to fail);
• restrictions on activities (eg deposit taking banks that also trade
on their own account);
• requiring foreign investment through subsidiaries (regulated by
the host) rather than branches (regulated from their parent
state);
• requiring that financial data is held onshore;
• limits on funds transfers for cross-border transactions (e-finance);
• authorisation of cross-border providers;
• state monopolies on pension funds or disaster insurance;
• disclosure requirements on offshore operations in tax havens;
• certain transactions must be conducted through public
exchanges, rather than invisible over-the counter operations;
• approval for sale of ‘innovative’ (potentially toxic) financial
products;
• regulation of credit rating agencies or financial advisers;
• controls on hot money inflows and outflows of capital;
• requirements that a majority of directors are locally domiciled;
• authorisation and regulation of hedge funds; etc.
3. States promoting TISA blocked critical debates in the WTO
post-GFC
This combination of liberalisation of financial markets and
light-handed, risk-tolerant financial regulation enabled the excesses
of the powerful US and European finance industry and the growth of
the shadow banking system. Various WTO Members called for a
review of the rules after the financial crisis. For example, the WTO
Ambassador from Barbados tabled a paper in the Committee on
Financial Services in March 2011 that said:
3 3
the crisis has served to highlight flaws in the global regulatory
and compliance environment which hamper the
implementation of corrective measures and in some cases
make them open to challenge. Unless it is assumed that such
problems will never again recur, they point to a need to review
some aspects of the global rules including WTO GATS rules
within which countries operate, so as to permit remedial
measures to be implemented without running the risk of
having them viewed as contraventions of commitments. 7
Subsequent attempts led by Ecuador to secure a debate in the
Committee were eviscerated to the point that the eventual
discussion in April 2013 was meaningless.8
Similar concerns were expressed outside the WTO. The commission
established by the President of the UN General Assembly in 2009 to
review the financial crisis (the Stiglitz Commission) wrote in its
interim report that trade-related liberalisation of financial services
had been advanced under the rubric of these agreements ‘with
inappropriate regard for its consequences on orderly financial flows,
exchange rate management, macroeconomic stability, dollarization,
and the prudential regulation of domestic financial systems’.9
Their
final report called for the agreements to be critically reviewed.
The major players at the WTO, led by the US, Canada, Australia,
Switzerland and the EU, consistently refused to accept there is any
relationship between the WTO’s financial services rules and the
GFC. Instead, they have continued to negotiate bilateral free trade
and investment treaties that lock governments more deeply into
that regime and extend their obligations even further.
In many cases, the major powers have presented these demands to
countries from the global South as part of a non-negotiable FTA
template. Poor countries that carefully limited their exposure on
financial services at the WTO have often become bound to a more
extreme version of those rules and obligations through the FTAs.
4. Strategic role of TISA in WTO and FTAs
The US insisted that the negotiation of the Financial Services
Agreement during the Uruguay round of the GATT continue for
several years after the round had finished, until it was satisfied with
the commitments that were made. The final package was estimated
to cover 95 per cent of international trade in banking, securities,
insurance, and information services as measured in revenue.10
Moves began in 2000 to expand those commitments further, as
provided for in the GATS. Those talks were incorporated into the
Doha round of WTO negotiations in 2001. The round stalled in the
mid-2000s. Moves to advance the services negotiations through
plurilateral negotiations failed.
4 4
The governments that were pushing these talks moved outside the
formal WTO boundaries to pursue TISA. They call themselves the
‘Really Good Friends of Services’. Their goal is to make TISA the new
platform for financial services. The US has said it wants to establish
new negotiating rules in TISA, get enough countries to sign on that
will enable it to be incorporated into the WTO, and then have the
same rules adopted for negotiations at the WTO.11 The European
Commission has said TISA will use the same concepts as the GATS
so that it can ‘be easily brought into the remits of the GATS.’12

It is not clear how that might happen. Either two thirds or three
quarters of the Members would need to agree to TISA coming under
the WTO’s umbrella, even as a plurilateral agreement.13 Countries
like Brazil and India have been very critical of TISA, and the US has
not allowed China to join. But the pressure on WTO Members will be
immense. If the plan did succeed, many South governments that
resisted the worst demands of the GATS and the services aspects of
the Doha round will find they end up with something more severe.
If TISA remains outside the WTO its coverage will be limited to the
signatories. That is dangerous itself. The countries that were at the
centre of global finance and were responsible for the GFC will be
bound to maintain the rules that allowed that to happen. The
minimal reforms they have adopted post-GFC will become the
maximum permitted regulation. Several recent IMF papers have
referred to the ‘state of denial’ among affluent economies about the
potential for further devastating crises if they maintain the current
policy and regulatory regime.14 They also point out that many
developing countries that took prudent steps after their experience
with the Asian Financial Crisis and similar traumas are much less
exposed.15 Yet the architects of TISA aim to force those countries to
adopt the flawed rules they had no role in negotiating, either as the
new ‘best practice’ for FTAs or through the WTO.
5. Finance industry has captured global rule making
The development of global finance rules under the guise of ‘trade’
was the brainchild of senior executives of AIG, American Express,
Citicorp and Merrill Lynch in the late 1970s. Their role, and
subsequently a broader lobby called the Financial Leaders Group, is
well documented. The former director of the WTO’s services division
himself acknowledged in 1997 that: ‘Without the enormous pressure
generated by the American financial services sector, particularly
companies like American Express and Citicorp, there would have
been no services agreement’. 16
As the lobby evolved it was still led from Wall Street, but expanded
to include the major insurance and banking institutions, investment
5 5
banks and auxiliary financial services providers, from funds
managers to credit-rating agencies and even the news agency
Reuters. They were later joined by the e-finance and electronic
payments industry, which includes credit, stored value and loyalty
cards, ATM management, and payment systems operators like
PayPal.
The industry lobbyists have also set the demands for financial
services in TISA. The Chairman of the Board of the US Coalition of
Service Industries is the Vice Chairman of the Institutional Clients
Group at Citi. When the industry’s demands, as expressed in the
consultation on TISA conducted by the US Trade Representative in
2013, are matched against the leaked text it becomes clear that
they stand to get most of what they asked for. Extracts from their
submissions are listed at the end of this document.
6. Examples of the Dangers of TISA
A number of the provisions in the leaked text are already in the
GATS financial services instruments, especially the voluntary
Understanding. However, Colombia, Costa Rica, Pakistan, Panama
and Peru, which are participating in TISA, appear not to have
adopted the Understanding.
The new elements of TISA build on the GATS-plus rules in Korea-US
Free Trade Agreement, and those proposed in the Trans-Pacific
Partnership Agreement (TPPA) and the Trans-Atlantic Trade and
Investment Partnership (TTIP). The TISA parties that are not yet
bound by such agreements would therefore face especially onerous
new obligations.
The following selection of provisions shows some of what is new
and/or dangerous about TISA. They are only a sample of the legal
issues.
Binding countries to the flawed GATS model (Art X.3 and
X.4)
The biggest danger is that TISA will stop governments tightening the
rules on the financial sector. As noted above, this risk is greatest for
countries that have not already adopted the WTO’s Understanding
on financial services, do not already have extensive financial
services commitments with the US or EU under a FTA, or both. But it
is a serious risk for all TISA parties, especially those with weak
systems of financial regulation.
6 6
When the GATS was first developed governments were given some
control over the extent to which the regulation of services was
subject to the core GATS rules. Those core rules cover the right of
foreign financial firms’ to set up and operate in the host country; the
cross-border supply of the broad range of financial services and
products; the ability of their nationals to purchase of those services
and products in another country; and the kind of domestic
regulations they could adopt.
There are different ways of allowing governments to exercise control
over such commitments.
The GATS gave governments flexibility to list the services that would
be subject to the core rules, and further limit their exposure in those
sectors (a ‘positive list’ approach).
The voluntary Understanding worked on a ‘negative list’ that
required governments to specify what was not covered by its
additional rules. This approach is increasingly common in FTAs,
especially those with the US.
Under negative lists governments to bind the hands of their
successors, even in the face of unforeseen new challenges. There
are also high risks of error. Proposals to adopt negative lists have
been resisted in the GATS, including in the Doha round.
It is not clear exactly how the schedules will work for financial
services in TISA without access to the rest of the text. It is believed
that TISA proposes a ‘hybrid’ of positive and negative lists. The rules
may guarantee foreign firms’ access to a country’s services market
using the positive list approach; that would allow a government to
specify which services and sectors will be covered by the market
access rules.
However, the requirement of non-discrimination, where a foreign
service supplier must be treated no less favourably than domestic
competitors, would follow a negative list approach. Governments
would have to state what services, activities or laws are not subject
to that rule; special restrictions on foreign services, products or
measures would only be permitted where they were explicitly listed.
This would apply even in sectors that were not opened in the market
access (positive) list.
A standstill would also apply: governments would have to bind their
existing levels of liberalisation and not introduce new restrictions in
the future.
There are also suggestions of a ratchet. When a government
reduces restrictions on foreign financial firms, services or products,
7 7
those changes would automatically be locked in.
Finally, it has been suggested that there may be no provision to add
new reservations to the schedules; there is such a provision in the
GATS, although it is extremely difficult to use.
The leaked financial services text seems to follow this path.
Access to a country’s financial market
The US has made specific proposals for the scheduling of
commitments on financial services.
Under Art X.3.1 parties must list their commitments to allow
foreign financial service suppliers from TISA countries to establish a
presence in their country.
Their commitments to allow the supply of financial services across
the border would apply only to a truncated list of financial services
in Art X.8. These mainly relate to insurance and a range of auxiliary
services, plus electronic payments and portfolio management
services; they do not include mainstream services involving banking
and trading of financial products.
Those commitments would be made in accordance with Art I-3 of
the main TISA text, which is presumably based on a positive list.
Hong Kong China wants to make it clear that parties can put
limitations on the extent to which they are committing a particular
financial service, as permitted in the GATS. This proposal implies
that the US does not want to allow governments to impose any
limitations on a sector they agree will be covered by those rules.
Without the rest of the agreement it is unclear what rules would
apply if the US proposal were not adopted. Presumably Art 1-3 of
TISA would apply to financial services just like all other services.
Not discriminating against foreign firms
The US proposal for Art X.3.2 involves commitments not to
discriminate against financial services from other TISA countries,
known as national treatment. This paragraph only applies to
financial services that are supplied across the border. Those
commitments are again limited to the services listed in Art X.8.
There is a cross-reference to Art II-2 of the main TISA text, which has
not been leaked.
On its face, it looks like this provision restricts national treatment of
8 8
financial services to those cross-border services, unless a TISA
country says it also applies to foreign direct investment
(establishing a commercial presence). But that is impossible to
verify.
It seems likely that the commitments for national treatment use a
negative list, but again that is impossible to verify.
Standstill
So far, this analysis suggests that TISA parties can decide what
financial services to commit to these rules, but the US wants to limit
the extent to which they can pick and choose within those sectors.
The crucial provision is Art X.4, which would apply a standstill to a
country’s existing financial measures that are inconsistent with the
rules. That means governments must bind their existing levels of
liberalization for foreign direct investment on financial services,
cross-border provision of financial services and transfers of
personnel. The current rules will be the most restrictive of financial
services that a government would be allowed to use. They would be
encouraged to bind in new liberalization beyond their status quo.
Australia wants to keep more flexibility, with the standstill to apply
from the date TISA comes into force. That would allow governments
to adopt new regulations before that date, thereby securing
themselves more regulatory space than they have now. It also
expressly allows for the rollover of such measures.
It is not apparent from the leaked text whether a ratchet applies to
lock in any new liberalisation of financial services.
Art X.7 (commercial presence) and Art X.8 (cross-border trade)
show the EU and US are taking a hard line by saying that these
scheduling arrangements define a country’s commitments on a
financial service or sector. Australia wants the broader ability to list
conditions and qualifications on the services listed in the schedule
(similar to what Hong Kong China proposed in Art X.3.1).
The implications are huge. The aim is to secure much more
extensive levels of commitments than exist in the GATS, or were
promised in the Doha round, or even exist in most FTAs. It would
also commit governments to maintain the current failed system of
financial regulation. A TISA party could be sued if it sought to
tighten financial rules that were put in place during the last three
decades, which were marked by reckless or ill-considered
liberalisation or deregulation. In the realm of financial services, this
is high risk indeed.
9 9
Expedited Availability of Insurance (Art. X.21)
Article X.21 requires regulatory procedures to be designed to
expedite the ability of licensed insurers to offer insurance services
across borders and in country. Examples of expedition include a time
limit for disapproving an insurance product, after which the product
must be allowed; exempting various kinds of insurance from
requiring product approval; and allowing unlimited new products.
The GFC illustrates the implications. Credit default swaps (CDS)
were one of the innovative products at the core of the crisis. Swaps
operate as a form of insurance: the buyer of the swap accepts the
risk that a borrower might default and pays up if they do, in return
for receiving income payments. An estimated 80 percent were
‘naked’ CDSs, where the investor taking the insurance does not
even own the asset being insured17 – they were basically betting on
whether insured assets owned by someone else would fail. Around
$60 trillion was tied up in CDSs in 2008.18 AIG, a key instigator of the
financial services rules, held $440 billion exposure to CDSs when the
bubble burst, and was bailed out by US taxpayers.
Art X.21 is a license for similar disasters. As the GFC showed,
governments can be slow and reluctant to regulate financial
products, especially if they are complex and the insurer or the entire
industry is pressuring them. The transparency provisions, described
below, add to their leverage. Often regulators will only discover the
dangers of an insurance product when it is too late. There is growing
pressure to shift from regulating in ways that welcome and tolerate
risk-taking to regulation that judges financial services providers and
products on their merits. This provision would help to shield
insurance products from that trend.
Data processing and transfer (Art X.11)
The entire services lobby wants to stop governments from requiring
data to be processed and stored locally. The firms that dominate
cloud-based technology are mostly US-based. US firms also
dominate the information and communications technology sector in
general. The right to hold data offshore is especially important for
the finance industry because finance is data. The US insurance and
credit card industries have been especially vocal in their opposition
to ‘localisation’ requirements.
Art X.11 has two proposals. One is from the EU and Panama and is
couched in negative terms: a party shall not prevent such transfers.
The state’s right to protect personal data, personal privacy and
confidentiality is limited by an obligation not to use that right to
circumvent the provisions of TISA. This is a catch-22: the
government cannot adopt any privacy etc measures if they arguably
10 10
breach any provisions of TISA. But they could have taken such
measures anyway!
The US proposal is much more direct. It wants a blanket right for a
financial services supplier from a TISA party to transfer information
in electronic or other form in and out of the territory of another TISA
party for data processing where that is an ordinary part of their
business. It is hard to think of a form of financial service where data
processing is not part of the business. This obligation is stated in a
positive, unfettered form. There is no pretence of any right for the
state to protect personal privacy and data.
At first sight that protection might be found in Art X.18, as
proposed by the US and EU. But the provision is negatively worded:
nothing shall be construed to require a Party to disclose information
regarding the affairs and accounts of individual consumers. That
means TISA does not affect states’ ability to require disclosure of
information, presumably to the government, about individuals. It is
not concerned with protecting personal privacy or preventing those
who hold the personal data from abusing it for commercial or
political purposes.
When data is held offshore it becomes almost impossible for states
to control data usage and impose legal liability. Protecting data from
abuse by states has become especially sensitive since the Snowden
revelations about US use of domestic laws or practices to access
personal data across the world.
Effective and transparent regulation (Art 16)
Again there are two proposals, one from the EU and Trinidad, and a
more extensive version from the US. Both require prior consultation
on proposed new regulation ‘to the extent practicable’ with ‘all
interested persons’ or, for the US more explicitly ‘interested persons
and [state] parties’.
In addition to ensuring they have a reasonable opportunity to
comment, the US says the final decision should, to the extent
practicable, address in writing the substantive comments from
interested persons on the proposed regulations. Equally, where an
application from a financial service supplier to supply a financial
service has been declined, they should be informed of the reasons.
This may sound pretty reasonable until it is put in context. Recall
how capture of the regulatory, supervisory, and other public
oversight agencies by the finance industry contributed to the GFC.19
The risk-based model of financial regulation and the Basel II
standards for prudential regulation of banks allowed the industry
itself to become the front line regulators. The resources and
11 11
capacity of regulatory agencies were depleted, as was their
knowledge and confidence to engage in active regulation.
The US also wants all financial regulation to be administered in a
‘reasonable, objective and impartial manner’. But they are highly
subjective criteria and provide fertile grounds for contest and if
necessary a dispute.
Transparency needs to be seen as part of a broader spectrum of
industry influence. Pressure on regulations by deluging them with
arguments and studies, and demanding explanations, is reinforced
by requests for consultations from their patron states and if
necessary threats of a dispute. The aim is to ‘chill’ or stifle the
regulator. If the intervention is considered necessary and important
enough, the industry can push its patron state to bring a dispute.
Giving more power to the industry will make it very difficult to
restore more direct regulation, including for precautionary reasons.
That is why the industry wants these provisions. The avenues
through which they or their parent states will be able to exercise
leverage is not clear, but TISA is likely to provide peer review by
other parties and a mechanism for them to request consultations, as
well as the enforcement mechanisms.
Prudential Measures (Art X.17)
This is a standard provision in financial services agreements.
Defenders of the GATS financial services agreement and advocates
of TISA describe it as a carveout that protects governments’ ability
to regulate for prudential reasons. But it doesn’t. It is only a weak
defence that a government can argue if it is subject to a dispute.
There are many practical problems with discharging the burden of
proof.
More problematically, the article is comprised of two sentences that
contradict each other. If a government takes a prudential measure
that is inconsistent with the agreement, it cannot do so as a means
to avoid its commitments under the agreement! So any prudential
measures must be consistent with the other provisions in the
agreement.
The TISA negotiations were an opportunity to revise this exception
and provide a meaningful protection for the right of governments to
regulate for precautionary and remedial reasons. Instead, TISA
extends countries’ exposure to the rules and then repeats the same
impossibly circular language.
Harmonising financial regulation
12 12
The US and EU appear to be in dispute about the extent to which
financial regulation should be harmonised. The EU, supported by the
Trans-Atlantic finance industry, wants a harmonised system. That
would pull back some of the post-GFC regulatory changes in the US,
such as the new requirements and restrictions on the finance
industry under the Dodd-Franks Act (formally the Dodd-Franks Wall
Street Reform and Consumer Protection Act).
The services offer from the EU in its negotiations with the US for the
Trans-Atlantic Trade and Investment Agreement (TTIP) was leaked
this week. The explanatory note from the European Commission
says:
The draft TTIP offer does not contain any commitments on
financial services. This reflects the view that there should be
close parallelism in the negotiations on market access and
regulatory aspects of financial services. Given the firm US
opposition to include regulatory cooperation on financial
services in TTIP it is considered appropriate not to include any
commitments on financial services in the EU’s market access
offer at this stage. This situation may change in the future if
the US show willingness to engage solidly on regulatory
cooperation in financial services in TTIP.20

In other words, the EU is playing hardball in TTIP to force the hand of
the US. Whatever ends up in TTIP is also likely to end up in TISA.
13 13
Extracts of demands from the US Industry
US Securities Industry and Financial Markets Association21
• Suppliers should be able to choose their corporate form (e.g., a 100%-owned
subsidiary, a branch or a joint venture) and be treated no less favorably than
domestic suppliers (i.e., national treatment).
• Other measures, such as the protection of cross-border data flows and
transfers, and the inclusion of investor-state dispute settlement commitments,
the ability to store and process data from a central regional location, rather
than establishing a local facility is essential.
• Buying and selling financial products across borders, participating in and
structuring transactions, and providing investment advice, without
establishing a commercial presence and without being subject to separate
licensing and approval requirements that generally apply to firms
commercially present in a market.
• Permit consumers traveling outside their territories to utilize any capital
markets related service in the other Party’s jurisdiction
• Agree not to adopt or maintain measures that prevent or restrict transfers of
information or the processing of financial information, including transfers of
data by electronic means, or that prevent transfers of equipment, where such
transfers of information, processing of financial information, or transfers of
equipment are necessary for the conduct of the ordinary business of a
financial service supplier.
• Each Party should permit temporary entry into their territories for persons who
supply capital markets-related services to work with clients or to staff a
commercial presence.
• At a minimum ensure that commitments in any comprehensive trade and
investment agreement reflect the level of market access afforded under their
domestic laws.
• The competitiveness of financial services firms depends on their ability to
innovate, often rapidly in order to meet the special needs of customers by
developing and offering new products and services. Ensure that regulators
allow private firms to meet these needs, while maintaining appropriate
prudential supervision.
• Regulators should: (i) propose regulations in draft form and provide interested
parties the opportunity to comment on such draft regulations, where
practicable; (ii) make publicly available the requirements that suppliers must
meet in order to supply a service; and (iii) enforce laws and regulations on a
non-discriminatory basis, according to fair and transparent criteria.
• A strong investment chapter that applies equally to financial services
investors, including with respect to core protections and investor-state dispute
settlement, is vital. Such core protections would include ensuring that
suppliers could establish a commercial presence, protection from
expropriation, dispute settlement, and the free transfer of capital.
• TISA might include consultation among capital markets participants and
regulatory authorities which would lead to the development of a list of
regulatory obstacles where recognition arrangements could be developed.
US Chamber of Commerce22
Financial services
• Establish the right of foreign financial services firms to invest in another TISA
party using the corporate form of their choice, without restriction on the
establishment of a new commercial presence or the acquisition (in part or in
full) of an existing enterprise in another TISA country.
14 14
• Guarantee national treatment for foreign companies in the financial services
sector to ensure that TISA parties afford foreign enterprises and investors the
same treatment as domestic investors for regulatory and other purposes.
• Grant foreign financial services firms the right to provide cross-border services
without establishing a commercial presence and without being subject to
separate licensing and approval requirements that generally apply to firms
with a commercial presence in a market.
• Permit dissemination and processing (within country and cross-border) of
financial information to provide clients with services necessary for the conduct
of ordinary business.
• Allow consumers to travel outside their home country to obtain any capital
markets related service.
Insurance
• Mandate that regulatory and supervisory bodies allow full market access and
national treatment for all lines of insurance, including personal and
commercial.
• Guarantee that domestic insurance regulation is made applicable to all
companies equally in a given market, regardless of nationality.
• Establish clear disciplines to level the playing field between
government-affiliated insurance entities and the private market within a
reasonable time frame, including with regard to taxation, subsidization, or the
provision by the government of any other commercial economic advantages,
with such government-affiliated insurance entities subjected to supervision by
the same regulatory authority as private companies.
• Prohibit the improper delegation of regulatory authority to non-governmental
entities that dilute confidentiality and process protections accorded through
governmental administrative procedures.
• Support the creation of a regular annual insurance dialogue on
implementation.
• Subject to reasonable levels of protection, secure the right to cross-border
transfer of customer and employee data for legitimate business purposes
including the provision of more efficient and cost-effective service.
US Coalition of Services Industries: … we recognize the necessity of certain
regulations (e.g., for national security, data protection, prudential reasons), there
should be parameters and limitations for their application. For example, prudential
carve-outs should limit the scope of allowable prudential measures to
non-discriminatory measures that are subject to a rule of “least trade and
investment distorting” (or something along those lines). Similarly, capital
requirements should not be used as disguised barriers to entry or competition
with domestic suppliers of comparable services (e.g., financial services,
insurance).
Information processing: when an act, policy or practice of a relevant authority
seeks to restrain cross-border data transfers or processing, that authority must
demonstrate that the restriction is not an unnecessary restraint of trade or
investment in light of alternative means by which to achieve the objective of
protecting the identity of the customer, security of the data or the performance of
prudential oversight.23
The American Insurance Association wants 100 percent market access for the insurance
suppliers of a TISA party in the markets of all the other parties, including freedom from discriminatory
treatment, the absence of quantitative restraints and investment restrictions, the freedom to choose the
form of legal entity through which they operate in a given jurisdiction, and the ability to provide
insurance on a cross-border basis. This means strong disciplines on behind-the-border measures that
indirectly restrict or limit market access, including state-owned enterprises, and discriminatory
15 15
measures and regulatory schemes that operate as disguised trade restrictions. Prudential measures must
be nondiscriminatory and no more restrictive than necessary to achieve prudential objectives.24
Visa wants to ensure the electronic payment industry’s access to foreign markets, to ensure that foreign
governments maintain a competitive marketplace through transparent regulation, and to ensure that
electronic payments providers maintain control over, and are able to freely move, information
cross-border.25
Bloomberg Financial Information Services believes the new approach to scheduling commitments will
expand its level of access to countries markets, and wants no exemptions for financial information and
data processing services.26
16 16
1 http://www.wto.org/english/tratop_e/serv_e/finance_e/finance_e.htm
2 http://www.wto.org/english/docs_e/legal_e/26-gats_01_e.htm
3 http://www.wto.org/english/tratop_e/serv_e/10-anfin_e.htm
4 http://wto.org/english/tratop_e/serv_e/serv_commitments_e.htm
5 http://www.wto.org/english/tratop_e/serv_e/21-fin_e.htm
6As of 2009, the 33 countries whose current schedules reference the Understanding include:
Australia, Austria, Bulgaria, Canada, Czech Republic, Finland, Hungary, Iceland, Japan,
Liechtenstein, New Zealand, Norway, Slovak Republic, Sweden, Switzerland, and the United
States, as well as the European Communities members as of 1994 (Belgium, Denmark, France,
Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain and the United
Kingdom.) The only developing nations that utilized the Understanding were Aruba, Netherland
Antilles, Nigeria, Sri Lanka (for banking not insurance), and Turkey. Additionally, eight countries
(Cyprus, Estonia, Latvia, Lithuania, Malta, Poland, Romania, and Slovenia) were in the process
of revising their commitments to match the EC schedule.
7 WTO Committee on Trade in Financial Services, ‘Communication from Barbados: Unintended
Consequences of Remedial Measures taken to correct the Global Financial Crisis: Possible
Implications for WTO Compliance’, JOB/SERV/38, 18 February 2011, para 3; discussed in
‘Remedial actions to tackle crisis not WTO-compliant?’, SUNS, No. 7116, 25 March 2011
8 Committee on Trade in Financial Services, Report of the Meeting held on 20 March 2013,
S/FIN/M/76, 19 April 2013
9 Report of the Commission of Experts of the President of the United Nations General
Assembly on Reforms of the International Monetary and Financial System, Preliminary Report,
2009, 87
10 Pierre Sauvé and James Gillespie, ‘Financial Services and the GATS 2000 Round’ in
Brookings-Wharton Papers on Financial Services 2000, 2000,
http://www.brookings.edu/research/journals/2000/financial-services2000 430
11 US Trade Representative Ron Kirk, Remarks to the Coalition of Service Industries 2012
Global Services Summit, 19 September 2012
12 European Commission, “Negotiations for a Plurilateral Agreement on Trade in Services”,
Memorandum, 15 February 2013. Online at:
http://europa.eu/rapid/press-release_MEMO-13-107_en.htm?locale=FR
13 The Agreement Establishing the WTO would require either a two-third or three quarters
majority of Members to secure an amendment of this kind.
14 Carmen Reinhart and Kenneth Rogoff, ‘Banking crises: An equal opportunity menace’,
Journal of Banking and Finance, 37, 2013, 4557-4573; Carmen Reinhart and Kenneth Rogoff,
Financial and Sovereign Debt Crises: Some Lessons Learned and Those Forgotten, IMF Working
Paper WP/13/266, December 2013
15 Phakawa Jeasakul, Cheng Hoon Lim, Erik Lundback, Why Was Asia Resilient? Lessons from
the Past and for the Future, IMF Working Paper WP/14/38, February 2014, 9
16 David Hartridge, ‘What the General Agreement on Trade in Services (GATS) Can Do’, speech
to the Clifford Chance Conference on ‘Opening Markets for Banking Worldwide: The WTO
General Agreement on Trade in Services’, London, January 1997
17 Zhou Xinxi, ‘AIG, Credit Default Swaps, and the Financial Crisis’, Risk Management Society,
18 May 2013, http://clubs.ntu.edu.sg/rms/researchreports/AIG.pdf
18 Bank for International Settlements, ‘OTC Derivatives Market Activity’, November 2008, 6,
Table 1, http://www.bis.org/publ/otc_hy0811.pdf
19Stijn Claessens and Laura Kodres, The Regulatory Responses to the Global Financial Crisis:
Some Uncomfortable Questions, March 2014, WP/14/46, 12, fn 16
20European Commission, Draft EU Services Offer, 26 May 2014,
http://www.scribd.com/doc/230241360/Draft-EU-offer-on-trade-in-services-for-TTIP
21 http://www.regulations.gov/#!documentDetail;D=USTR-2013-0001-0032
22 http://www.regulations.gov/#!documentDetail;D=USTR-2013-0001-0018
23 http://www.regulations.gov/#!documentDetail;D=USTR-2013-0001-0027
24 http://www.regulations.gov/#!documentDetail;D=USTR-2013-0001-0013
25 http://www.regulations.gov/#!documentDetail;D=USTR-2013-0001-0051
26 http://www.regulations.gov/#!documentDetail;D=USTR-2013-0001-0048

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx14

Trade in Services Agreement (TiSA)
Market Access Negotiations: Israel
WikiLeaks release: June 3, 2015
This is a confidential Market Access Negotiations document from the European Union (EU) to Israel in the
negotiation of the Trade in Services Agreement (TiSA). TiSA is an international treaty currently under
negotiation between the United States, the European Union and 23 other countries. The Agreement
creates an international legal regime which aims to deregulate and privatize the supply of services - which
account for the majority of the economy across TiSA countries. The Market Access Negotiations
document exposes part of the negotiating process, whereby one of the negotiating parties (the European
Union) outlines its requests for a schedule of commitments from another of the parties (Israel). The text
dates from shortly before the 11th round of TiSA negotiations held 9-13 February 2015 in Geneva,
Switzerland.
Description
Keywords: TiSA, Trade in Services Agreement, WTO, GATS, G20, BCBS, IAIS,
IOSCO, FATF, OECD, United States, European Union, Australia,
Canada, Chile, Chinese Taipei (Taiwan), Colombia, Costa Rica, Hong
Kong, Iceland, Israel, Japan, Liechtenstein, Mauritius, Mexico, New
Zealand, Norway, Pakistan, Panama, Paraguay, Peru, South Korea,
Switzerland, Turkey, Uruguay, market access negotiations
Restraint: LIMITED
Title: Trade in Services Agreement (TiSA) Market Access Negotiations: Israel
Date: January 25, 2015
Group: Trade in Services Agreement
Author: European Union TiSA Negotiators
Link: https://wikileaks.org/tisa/market-israel/
Pages: 12
LIMITED
1
TiSA – market access negotiations
by country
(25 January 2015)
I S R A E L
SUMMARY
§ EU's interest: To get further market access at least in business services, construction,
distribution, postal, transport and telecom and substantive improvement on mode 4 and
financial services
§ Israel’s interest: financial services
LIMITED
2
1. Offensive points
Key market access requests that remain to be offered by Israel
The requests below do not cover the whole set of EU requests to Israel, but represent the key
ones that should be raised in bilateral market access negotiations.
Request n°1: Horizontal
COMMITMENTS, OFFERS AND INDICATIONS
TiSA GATS/ DDA (initial +
revised offer)
Best FTA
Very poor offer, telecom,
distribution and transport to
be improved; construction,
education, health and
recreational to be
committed.
Very poor commitments on
mode 4.
There are several horizontal
restrictions, including public
monopolies, registration of
corporate bodies.
Commitments in some
sectors (business,
distribution, construction,
transport and energy) are
made or improved, most
sectors have in fact remained
unchanged.
Horizontal restrictions on
commercial presence (mode
3): residency requirement of
the 'outside' directors of a
company is removed (it
seems), but discretionary
approval of registration of
limited partnership is
retained.
Israel does not have the FTAs
with the services schedules
and only few with the
services cooperation articles
in the text. So it is not
possible to conduct the
comparison.
ASSESSMENT
· Israel does not have schedules services' commitments in any of its FTAs, so in TiSA it is
essential that Israel offers significantly more than GATS and DDA.
· The current TiSA offer contains market access commitment in only about half of
WTO120 list of sectors. Important sector such as construction is not scheduled. Some
subsectors of business services as well as energy are scheduled but with no commitments.
· There is almost no offer in distribution services (only 1 subsector from 1 out of 5 sectors
committed, and only in M3; policy space reservation NT). We also note only partial
commitments on telecom, transport and postal.
· The offer contains number of FDI caps and number of minority FDI caps, including those
in horizontal commitments.
· There are also very limited commitments on mode 4.
EU INTEREST
· Complementing the offer with uncommitted sectors, improving the sectors partially
committed as well as removing FDI caps will substantively add value.
LIMITED
3
Outcome of the bilateral meeting of November 7, 2014
· The EU pointed towards IL offer’s cover note which indicates that the offer is partial and
that consultations are on-going for possible improvements.
· Israel clarified that some discussions are on-going but nothing could be shared at the
occasion of the bilateral meeting. Updates will come but without precise indication when.
Request n°2: Sector mode 4
COMMITMENTS, OFFERS AND INDICATIONS
TiSA GATS/DDA
(initial + revised offer)
Best FTA
No period of stay provided,
Only ICTs: Executive,
managers without ENTs;
Specialists with ENTs!
In sectors committed (in
total 60)
NT restriction: Israeli
residence or citizenship
required for a licence for
legal and taxation services.
No offer at all (as had been
indicated during the
bilaterals), so no CSS or
business visitors or graduate
trainees.
ICT commitments for
specialists remain subject to
Labour Market testing.
N/A
ASSESSMENT
· The offer is only limited to commitments on ICTs, with explicitly requiring ENTs for
specialists.
· Further, it does not contain periods of stay for committed categories.
· No commitments for CSS and IPs.
EU INTEREST
· Next to economic value the request has also a systemic value for mode 4 negotiations on
the standards proposed by the EU in the text.
· In EU interest is to eliminate ENTs for specialists and achieve commitments on business
visitors and at least for CSS.
FEASIBILITY/EXPECTATIONS
· Israel is willing to clarify commitments, but taking any more commitments will be very
difficult and unlikely, in particular on CSS and IPs.
· This is a political issue in Israel, strongly linked to national security considerations,
including for the question of business visitors.
LIMITED
4
Outcome of the bilateral meeting of November 7, 2014
· Israel took note.
LIMITED
5
Request n°3: Business services
COMMITMENTS, OFFERS AND INDICATIONS
TiSA GATS/DDA
(initial + revised offer)
Best FTA
- Research and Development: not
committed.
- Real estate services: sector listed but
not committed.
- Rental and leasing services: sector
listed but not committed.
- Other business services: 12 out of 20
subsectors scheduled but among those 4
totally unbound, rest with partial
commitment for mode 1 or 3.
The offer indicates that real estate and
rental/leasing might be added at a later
stage.
Research and Development,
Real estate and rental
services: not committed.
Other business services –
only 7 out of 20 subsectors
committed.
N/A (no
services
agreements
so far)
ASSESSMENT
· A more ambitious approach in the business services sector by Israel would be welcome,
especially improving the offer in real estate and rental and leasing services as well as in the
other business services.
Outcome of the bilateral meeting of November 7, 2014
· Israel took note.
Request 3bis: Computer services
ASSESSMENT
· Israel has great interest in that sector (is part of the 'friends of computer services'), given the
highly advanced nature of its IT sector.
· That sector was totally open in Israel, but in TiSA offer: Partial commitments MA scope:
CPC 841 to 849, excluding CPC 84330 (time shadings services).
· CPC 849 remains uncommitted.
· No reference to CRS understanding.
LIMITED
6
EU INTEREST
· Committing computer services at two digits level.
Outcome of the bilateral meeting of November 7, 2014
· Israel took note.
LIMITED
7
Request n°4 Tourism services
COMMITMENTS, OFFERS AND INDICATIONS
TiSA GATS/DDA (initial +
revised offer)
Best FTA
Full coverage in terms of
listed sectors but with
partial commitment (Mode 3
in CPC 7472 restricted to
Israeli resident or citizen in
MA and NT), for CPC 7471
in NT 1) 3).
Only licensed tourist guides
(Israeli resident or citizen)
may be employed by travel
agencies and operators to
guide their tours in Israel.
In GATS full coverage but
with partial commitment.
In DDA Israel proposed
liberalisation of travel
agencies and tour operators in
mode 3 by removing
requirements of national
ownership and employment
(so as proposed in TiSA).
Other important points like
cross-border services of
travel agencies and tour
operators remain unbound.
N/A (no services agreements
so far)
ASSESSMENT
· Quite good offer for tourism services.
· A clarification needed for CPC 7471 (Travel agencies and tour operators) for NT. In
GATS/DDA mode 3 in none, while in TiSA is limited: "Only licenced tourists' guides
(Israeli residents and citizens) may be employed by travel agencies and operators to guide
their tour in Israel." – If not mistake, then it would be a GATS minus.
Outcome of the bilateral meeting of November 7, 2014
· Israel took note, but stressed that the circumstances might have changed and IL might
need to introduce a GATS minus.
LIMITED
8
Request n°5: energy services
COMMITMENTS, OFFERS AND INDICATIONS
TiSA GATS/DDA (initial +
revised offer)
Best FTA
Only two of seven energy-related categories are
committed. However, as the EU is closed on a
number of these categories as well.
Policy space for energy services.
Market access / National treatment: Categories
as in EU offer
A. Services incidental to mining (CPC 833): no
reservation on mode 3 (modes 1/2 not feasible).
B. Pipeline transportation of fuel (CPC 7131):
unbound.
C. Storage and warehouse services of fuels
transported through pipelines (CPC 742):
unbound.
D. Wholesale trade services of solid, liquid and
gaseous fuels and related products (CPC 62271):
not covered.
E. Retailing Services of motor fuel (CPC 613):
not covered.
F. Retail sales of fuel oil, bottled gas, coal and
wood (CPC 63297): none for mode 3.
G. Services incidental to energy distribution
(CPC 887): not covered.
For DDA offer, almost
the same, for categories
B and C is mode 3 not
completely unbound –
however possible
nationality and
residency requirements.
N/A
ASSESSMENT
· There is no explicit energy-related offer. Categories to which energy services belong to (as
listed below) are relatively closed.
· The TiSA offer is completely unbound in mode 3 for categories B (pipeline transportation
of fuel) and C (storage and warehouse services), while in the DDA offer is not - however
certain residency and nationality reservations are listed.
EU INTEREST
· Substantial interest.
LIMITED
9
FEASIBILITY/EXPECTATIONS
No high expectations, given the EU's limited openness it is difficult to ask for commitments.
Outcome of the bilateral meeting of November 7, 2014
· Israel clarified that the energy regulatory framework was under review, it was linked with
the discovery of the gas in the sea and a possibility for new pipelines. Their position will
be clearer within around a year.
Request n°6: Telecommunication services
COMMITMENTS, OFFERS AND INDICATIONS
TiSA GATS/DDA
(initial + revised offer)
Best FTA
Israel takes commitments on
all sub-sectors of
telecommunications, for all
modes 1-3. Full
commitments in mode 1 and
2. Partial commitments in
mode 3: foreign ownership
and senior management
requirements.
No commitments beyond
public mobile voice
telephony (CPC 75213).
N/A
ASSESSMENT
· TiSA offer: Partial commitments. Not satisfactory.
· For both mode 1 and mode 3, need to incorporate in Israel + main place of business in
Israel, it's problematic for mode 1.
· FDI cap at 74 or 80 per cent for basic services + Nationality requirement for directors in
telecom and broadcasting (in policy space reservations list).
· Reference to the regulatory principles of the GATS Annex.
· No commitment for VAS.
· For Broadcasting: Partial commitments. Not satisfactory as no MA commitments, but
some very restrictive NT limitations.
ESTIMATED VALUE AND EU INTEREST
· Substantial interest. Orange already one of key players in mobile telephony market.
Outcome of the bilateral meeting of November 7, 2014
· On the obligation to incorporate for mode 1, IL questioned whether this was a real
problem, whether we had a negative feed-back from our industry. EU clarified that this
was a systemic interest but would in no doubt add costs for the operators.
LIMITED
10
· FDI caps: IL will revert to us on the absence of listing of the foreign equity caps in the NT
column. Might be only a scheduling issue as it appears it is in the legislation.
· Reference to the GATS Annex: IL to revert. Not clear why this reference is there.
· VAS are missing: There is a new competition law in the pipeline. GOV is developing new
policies in the area – so to be followed up.
LIMITED
11
Request n°7: Transport
COMMITMENTS, OFFERS AND INDICATIONS
TiSA GATS/DDA
(initial + revised offer)
Best FTA
NT: overall reservation for maritime
transport services.
MA: no "dry" rental. Air auxiliaries
very limited (only CRS and some
repairs) Road transport: OK.
Auxiliaries: very limited. No rail no
internal waterways.
New commitments in previously
uncommitted sector are offered, in air
transport (maintenance and repair, CRS)
- corresponding partly to EC request,
road transport (freight transportation,
maintenance and repair of vehicles, and
repair services) partly as requested by
EC, auxiliary services (storage and
warehouse), also partly responding to
request of EC. In addition,
commitments on transport of petroleum
and natural gas (CPC 71310).
N/A N/A
ASSESSMENT
· No MA commitments on international maritime transport.
Outcome of the bilateral meeting of November 7, 2014
· Maritime: Israel clarified that this sector is undergoing a privatisation process. One of the
most problematic issues is the following: there are 3 existing ports and another 2 ports will
be built, and there are some contentious issues with the local unions of the ports. There is
quite a clear policy from the ministry but will take time. EU insisted on the importance of
maritime transport and suggested to have a discussion sub-sector by sub-sector, as they
are not all subject to the current changes, international maritime transport in particular.
· Air transport: Israel too note of the EU question on extension to airport operations,
ground handling, selling and marketing.
LIMITED
12
Request n°8: Competitive Delivery Services
COMMITMENTS, OFFERS AND INDICATIONS
TiSA GATS/DDA
(initial + revised offer)
Best FTA
Partial commitment (4 out
of 6 subsectors committed
according to W120; missing
CPC 75113 and CPC
75119); above 500gr per
addressed item; mode 2
unbound as technically not
feasible.
In GATS postal and courier
committed in M1 and M3,
M2 unbound due to tech.
feasibility; liberalised for
items above 500g); No
additional offer in DDA.
Israel does not have the FTAs
with the services schedules,
and only few with the
services cooperation articles
in the text. So it is not
possible to conduct the
comparison.
ASSESSMENT
· Overall very good MA commitments of Israel in postal and courier services.
· The only not committed sectors relate to e.g. to post offices where interest of the EU
operators is more likely to be very limited (if existing at all).
· A 'reserved area' for items below 500gr.
Outcome of the bilateral meeting of November 7, 2014
· Israel took note of the request to reduce the reserved area.
LIMITED
13
Request n°9: Distribution
COMMITMENTS, OFFERS AND INDICATIONS
TiSA GATS/DDA
(initial + revised offer)
Best FTA
Almost no offer in
distribution; only 1
subsector from 1 out of 5
sectors committed (retail of
fuel oil, bottled gas, coal
and wood), and only in M3.
Policy space reservation
NT.
Limited offer made for this
sector in mode 1 - 3 (full) and
in mode 4 (as indicated in the
horizontal section).
For wholesale trade only for
CPC 61111, and retail trade
only 61112 (motor vehicles),
6121 (motorcycles etc.) and
63297 (fuel oil, bottled gas,
coal and wood).
Israel does not have the FTAs
with the services schedules,
and only few with the
services cooperation articles
in the text. So it is not
possible to conduct the
comparison.
ASSESSMENT
· The TiSA offer is a clear GATS minus.
· Policy space reservations with regard to distribution services.
Outcome of the bilateral meeting of November 7, 2014
· Israel will provide further information on a new law passed a few month ago i.e. an antimonopoly
laws relating to some geographical areas (at least 3 different supermarkets in a
given region). But there are many different measures being taken aiming at lowering the
costs of living.
LIMITED
14
Request n°10: Financial services
COMMITMENTS, OFFERS AND INDICATIONS
TiSA GATS/DDA (initial +
revised offer)
Best FTA
Insurance Services:
Ok. Understanding + with regard to live
insurance mode1, Understanding – with
respect to services auxiliary to insurance.
Mode 1
MAT insurance and reinsurance committed,
unbound for services auxiliary to insurance
(Understanding-).
Life insurance committed cross border (!)
Mode 3: committed
Banking Services:
In section A potentially broad policy space
NT reservation for all modes of supply for
all banking services “in order to promote
competition in the banking sector”.
Otherwise ok, but Mode 1 auxiliary services
should be committed.
Mode 1
Lending, credit committed, transfer of
information committed, but advisory and
other auxiliary financial services unbound
(Understanding -).
Mode 3
Banking services in general committed with
the exception of trading of derivatives,
interest rate instruments which is unbound in
mode 3.
Deposit taking and lending “unbound for
non-banking institutions” > means that you
have to be authorised as a Bank in order to
provide this service (if this is the meaning
would not have to be scheduled).

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx15

Trade in Services Agreement (TiSA)
Market Access Negotiations: Turkey
WikiLeaks release: June 3, 2015
This is a confidential Market Access Negotiations document from the European Union (EU) to Turkey in
the negotiation of the Trade in Services Agreement (TiSA). TiSA is an international treaty currently under
negotiation between the United States, the European Union and 23 other countries. The Agreement
creates an international legal regime which aims to deregulate and privatize the supply of services - which
account for the majority of the economy across TiSA countries. The Market Access Negotiations
document exposes part of the negotiating process, whereby one of the negotiating parties (the European
Union) outlines its requests for a schedule of commitments from another of the parties (Turkey). The text
dates from shortly before the 11th round of TiSA negotiations held 9-13 February 2015 in Geneva,
Switzerland.
Description
Keywords: TiSA, Trade in Services Agreement, WTO, GATS, G20, BCBS, IAIS,
IOSCO, FATF, OECD, United States, European Union, Australia,
Canada, Chile, Chinese Taipei (Taiwan), Colombia, Costa Rica, Hong
Kong, Iceland, Israel, Japan, Liechtenstein, Mauritius, Mexico, New
Zealand, Norway, Pakistan, Panama, Paraguay, Peru, South Korea,
Switzerland, Turkey, Uruguay, market access negotiations
Restraint: LIMITED
Title: Trade in Services Agreement (TiSA) Market Access Negotiations:
Turkey
Date: January 25, 2015
Group: Trade in Services Agreement
Author: European Union TiSA Negotiators
Link: https://wikileaks.org/tisa/market-turkey/
Pages: 18
LIMITED
1
TiSA – market access negotiations
by country
(25 January 2015)
T U R K E Y
SUMMARY
§ EU's interest: To get further market access at least in transport, distribution, delivery
services, telecommunication, environment and mode 4
§ Turkish interest: mode 4, road transport services
LIMITED
2
1. Offensive points
Key market access requests that remain to be offered by Turkey
The requests below do not cover the whole set of EU requests to Turkey, but represent the key
ones that should be raised in bilateral market access negotiations.
Request n°1: Horizontal
COMMITMENTS, OFFERS AND INDICATIONS
TiSA GATS/ DDA
(initial + revised offer)
Best FTA
The offer could be improved
as only half of the sectors
are committed (i.e. nothing
for distribution, recreational
and only part of other
business services, health and
transport).
Some of committed with
limitations (in particular
professional services,
telecommunication,
environment, postal).
TiSA is almost a DDA offer
for MA but with the huge
policy space reservation for
NT (around 80 sectors).
Turkey recently negotiated
FTA with Korea that includes
the services positive schedule.
It is slightly better than DDA
and TISA offer, as
additionally few sectors are
scheduled (veterinarian and
integrated engineering
services; R&D on natural
sciences; 2 sectors under
rental and leasing; printing
and convention services; AV;
hospital services;
entertainment services), but
still the commitments come
with M1 and M3 limitations.
Distribution, part of
professional and business
services and part of transport
is missing.
ASSESSMENT
1. TiSA offer contains broad policy space, many horizontal limitations and it does not
contain market access commitments for more than 50 sectors.
2. It would be important to seek the improvement of the commitments on business service, in
particular to cover additional professional services like taxation advisory services, medical
and dental services, veterinary services, services provided by nurses, midwives1
, and
physiotherapists but also add research and development services.
3. The offer excludes distribution services, recreational services and tourist guides.
4. Commitments on computer services and transport are partial. For example there is
nothing on data base services either on maintenance and repair of road and rail transport
equipment or any supporting services for those two modes of transport.
                                                          
1
It is worth noted that with regards midwives, nationality requirements was lifted on 18 January 2014 with Law
no. 6514 (according to EU delegation), so there is no formal obstacles in better commitment.
LIMITED
3
5. Any commercial presence in Turkey is subject to authorization in order to ensure that such
activities are beneficial to the economic development of Turkey; are in the areas open to
the Turkish private sector; and, do not entail a monopoly or special privilege.
EU INTEREST
· Complementing the offer with uncommitted sectors, as well as removing limitation will
substantively add value.
· Having policy space as in Turkey's offer defeats the purpose of any hybrid approach and
negative list on NT.
FEASIBILITY/EXPECTATIONS
· Turkey should substantially improve its offer to bring it to the level of ambition agreed by
the participants before moving into the exchange of revised offers.
Outcome of the bilateral meeting of 10 November 2014
· On the overall level of the offer / ambition: TR initial offer is attempt to translate GATS
commitments into hybrid approach. Reflect to the extent possible existing legislation. TR
pretends to have committed 90 sectors or sub-sectors or activities. Not much water for the
sector not yet committed. Improvements on key infrastructure sectors have been
introduced. Much legislation to be changed. Amount of policy space: logic is that when no
MA commitment, there is a policy space limitation. TR stressed that however this is an
initial offer but will need to take something back home to justify a change in the offer.
For example: road transport is 5 pages; there must be a value in it. Wants to see results.
· On the horizontal M3 limitation: Key limitation taken from the GATS, it is a horizontal
screening mechanism. Recognise that this is a concern expressed by many participants.
Not in the legislation – this is more a reply to other participants’ existing screening
mechanism. Will maintain this limitation up to the moment all investment screening
mechanisms are being eliminated.
· EU flagged that TR offer in the worst 5-6 offers of TiSA.
LIMITED
4
Request n°2: Sector: Transport
COMMITMENTS, OFFERS AND INDICATIONS
TiSA GATS/DDA
(initial + revised offer)
Best FTA
Mode 4:
in TiSA there seems to be
backtracking in M4
"TO BE CLARIFIED: in
most sectors M4 in GATS is
None, in TiSA Unbound,
except as indicated in the
horizontal section.
In TiSA backtracking in
M4.
NT: very extensive
limitations for transport
modes and some auxiliaries.
MA: no "dry rental".
No auxiliaries for any of the
modes of transport.
Very limited for rail and road.
3 Classical air auxiliaries
acceptable but can be
improved.
Maritime transport + rental
wet + vessel maintenance:
OK!
GATS=DDA=TiSA=
number of sectors
committed 11 out of 35 (no
commitment in internal
waterways services, space
services, pipeline services,
services auxiliary and other
transport services) but in
DDA backtracking in 2
sectors (M1 and M4) and in
NT M3 for road transport".
Part of transport sectors
covered (no space, pipeline,
interwaterways, aux);
maritime (4 sectors; in
passenger and freight
transportation 51% majority
of TR shareholders is
required); TR citizenship is
required for captain and
crew;
air transport (3 sectors; M1
limitation for selling air
tickets - sales office is
required; authorisation is
required for M3 maintenance
and repair);
rail transport (1 sector;
public monopoly);
road transport (2 sectors;
M1 unbound; licence
required for passenger and
freight transportation).
ASSESSMENT
1. Full policy space for "maritime agency services".
2. Poor commitments in auxiliary maritime services (should cover at least the services
indicated as auxiliary services in the TiSA negotiating text on international maritime
transport proposed by Norway) and auxiliary services to road, rail and inland waterways
transport.
3. Restrictions to movements of empty containers.
4. Mode 1 for "selling of air transport services" without sales office not committed.
5. Market Access M4 limitations (None in GATS, whereas Unbound, as except … in TiSA).
LIMITED
5
6. Not clear: seafarers:
[Given the provision that TR includes in their proposal it would be good to note that
regardless recognition and entry for sea farers, what really matters is market access to and
in Turkey seafarers of Turkish ships shall be Turkish citizen. Further, some other
occupations are also reserved for Turkish nationals based on Law no. 815 on Maritime
Transport along Turkish Coasts, including removal of maritime vessels having had an
accident, or of abandoned ship wrecks; and captains, clerks, engineers, crew members, sea
tradesmen, carriers at ports and wharfs. The cabinet may permit foreign ships to provide
rescue services and foreigners to be employed on board Turkish rescue boats temporarily].
7. Restrictions to multimodal:
[It is possible to provide door-to-door multimodal services but not under single contract
as the legal and insurance regime does not accommodate such arrangements yet. The
Turkish DG for Combined Transport is preparing a set of implementing legislation to
allow and even subsidize multi-modal transport services in Turkey. Foreign companies
can subcontract all services to local companies, and there is no restriction to the
provision of any type of transport services as long as the company is registered in
Turkey (subject to the 51% ownership rule applying to cabotage in maritime
transport and aviation).]
EU INTEREST
· EU operators would benefit from removing or at least lowering ownership restrictions.
DEFENSIVE POINTS
The outstanding Turkish requests to the EU focus on road transport services, which TR
pursues through a regulatory proposal, however it can't be excluded that Turkey comes back to
this issue, in market access discussion.
In case TR raises the issue of road transport
· The EU supports the objective of ambitious standards on international transport in much
broader sense.
· With regards to your road transport proposal, we note the bilateral nature of many issues
raised there, which the EU is open to consider bilaterally.
· You are certainly aware that the EU and Turkey have agreed to deepen their trade relations
on top of those covered currently by existing agreements (Customs Union Agreement; FTA
for steel products; FTA-type agreement for certain agricultural products).
· The additional areas being considered include agriculture, services including road transport
services, public procurement, regulatory harmonisation, enhanced cooperation towards
third countries.
· The fact that this issue of a mainly bilateral interest is discussed in Geneva may have the
negative effect of raising the sensitivities of a number of Member States, and complicate
the establishment of a constructive dialogue to try to improve the situation on a bilateral
basis.
· Insofar as drivers are concerned, many proposals in your text look more like provisions that
one would find in a visa facilitation agreement. Let me repeat that we don't see the need to
LIMITED
6
inscribe them in TiSA, in particular given the EU – Turkey visa liberalization dialogue,
which will address this issue.
Outcome of the bilateral meeting of 10 November 2014
· On "maritime agency services" and auxiliary services: We are having a hard time, what
would TR have from that? We are flexible but we need to see what we can get out of that.
· Turkey should improve the list of its commitments in auxiliary maritime services, covering
at least the services indicated as auxiliary services in the TiSA negotiating text on
international maritime transport proposed by Norway. TR took note.
· Turkey should remove restrictions to movements of empty containers. TR took note.
· Turkey should improve its commitments as regards auxiliary services to road, rail and
inland waterways transport. TR took note.
· Turkey should open mode 1 for "selling of air transport services" without sales office. -
TR took note.
LIMITED
7
Request n°3: Distribution services
COMMITMENTS, OFFERS AND INDICATIONS
TiSA GATS/DDA
(initial + revised offer)
Best FTA
Not scheduled Not scheduled Not scheduled
ASSESSMENT
· No commitments.
EU INTEREST
· Access to the Turkish market is most likely important to the EU operators due to its
proximity to the EU and its size.
· TR should take commitments in distribution.
· We have currently no detailed information from our industry.
FEASIBILITY/EXPECTATIONS
· Not known.
· According to EU Delegation (EUD) information: The Law on the Regulation of Retail
Trade, which has been under preparation for over 10 years by the Turkish government,
was approved by the Parliament on 14 January 2015 following a lot of debate. The
Delegation has been following the issue since its inception and has been lately approached
by representatives of major European retailers such as METRO and TESCO who wished
to express their concerns on the advanced draft of the law, which was finally legislated
with no major changes. EUD have disseminated the advanced draft and the views of the
retailers to the related services of the Commission with some background documentation
and received their useful feedback. Accordingly, the law does not seem to entail per se
any serious violation of Turkey's legal commitments under the Custom Union, whether in
the area of free movement of goods or of antitrust. Nevertheless, given the high stakes for
the European companies concerned, there might be a need to express our concern on
certain provisions of the law concerning consumer protection, i.e. the issue of promotions,
actions which may lead to "buy domestic" campaigns and excessive interference and
cumbersome registration processes in establishing retail businesses which would not help
the business environment in Turkey for attracting further FDI. Ideally this should be done
before the secondary legislation is issued by the Ministry of Customs and Trade in
October 2015.
Outcome of the bilateral meeting of 10 November 2014
· TR took note.
LIMITED
8
Request n°4: Competitive Delivery Services
COMMITMENTS, OFFERS AND INDICATIONS
TiSA GATS/DDA
(initial + revised offer)
Best FTA
Postal services under public
monopoly in M1 and M3,
M4 unbound.
GATS=DDA
Postal services under public
monopoly in M1 and M3, M4
unbound.
Postal services under public
monopoly in M1 and M3, M4
unbound.
Courier services with M3
limitation (establishment of
joint stock or LLC).
NT for postal all modes
(public monopoly) and for
courier for M1 and M3.
Courier services fully
committed.
Courier services with M3
limitation (establishment of
LLC).
ASSESSMENT
1. Courier services (CPC 7512) - MA reservations in mode 3: establishment of joint stock or
Limited Liability Company.
2. Postal services (CPC 7511), not committed in offer, except Mode 2.
3. Express delivery services not committed.
4. Policy space reservations with regard to courier services and for postal services.
EU INTEREST
· The EU has strong offensive interests in this sector. Turkey is an important market for the
EU companies which are very active there.
· The EU express operators are very active in Turkey. The new Postal Legislation and its
obligation to contribute to the universal services fund will result in a substantial revenue
loss for our operators.
On Regulation
· Recently we have also been informed that new Turkish Postal Services Act of May 2013
and related regulations published in June 2014 require international express companies to
obtain a license as a postal service provider. While this fact in itself is a general business
practice, it is linked to another practice raising our serious concerns2
.
                                                          
2
According to EU Delegation: on 14 November, seven companies were granted licenses for 15 years to provide
postal services outside the reserved area in certain pre-defined geographical areas/provinces.
LIMITED
9
· After completion of the licensing period, companies will have to pay 2% of their net
income generated from postal shipments as a contribution to a universal service fund. We
find it unjustified that companies providing express services which are distinct from the
universal services provided by the Turkish incumbent will have to contribute to financing
of universal postal service.
· It is against the spirit of the EU Postal legislation where only providers of the universal
services can be asked to contribute to a universal service fund.
· The EU industry expressed its views during the consultation process of this law which
however were not taken into account.
· We would like to ask Turkey to align its Postal legislation with the EU postal laws.
FEASIBILITY/EXPECTATIONS
· Despite the fact that the EU accession negotiations are being frozen, Turkey should align
its laws with the EU internal market legislation.
Outcome of the bilateral meeting of 10 November 2014
· TR took note and informed it is looking at the EU legislation, and should not be far apart.
LIMITED
10
Request n°5: Financial services
COMMITMENTS, OFFERS AND INDICATIONS
TiSA GATS/DDA
(initial + revised offer)
FTA with Korea
Good for insurance, weaker
for banking.
Mode 1
Insurance: open for life
insurance and injury health
insurance for expats. This
which goes beyond the
Understanding,
Transportation insurance is
Understanding +.
On the other side MAT
commitments not complete
(e.g. for aviation limited to
hull, limitations on auxiliary
insurance services.
Banking: localisation
requirement for data
processing (not compliant
with Understanding); full of
unbound in Mode 1 which is
GATS minus.
Mode 3
Insurance: insurance
committed
Banking/Securities:
branching of securities firms
can be restricted; Monopoly
of Takasbank A.S. for
securities settlement and
clearing services.
Almost full sectors coverage;
but partial commitment in
insurance, full commitment
in cross border banking
services and partial in
establishment banking
services, commitments in
other financial services
[full openness in mode 1
banking surprising – TiSA in
this respect GATS-].
Offer mirrors TiSA with
some differences for financial
data processing and insurance
intermediation such as
brokerage and agency (here
none).
ASSESSMENT
1. For banking cross border the offer seems to be GATS minus.
2. Financial data processing should be allowed in line with the Understanding. The
mandatory localisation requirement may be too restrictive;
3. Branching for securities firms is not allowed.
LIMITED
11
EU INTEREST
· TR legislation requires all banks to establish their primary and secondary IT systems
domestically, i.e. in Turkey. The cost of establishing and running a dedicated IT centre
(servers, etc.) in each country could be sizeable for global banks, which operate in various
countries and may prefer to have a single IT centre e.g., per continent. Abolishing this
requirement could reduce operating costs also for EU banks which are already present in
the Turkish market (HSBC, Finansbank – the National Bank of Greece, Garanti bank –
BBVA), while reducing the entry cost for potential investors.
FEASIBILITY/EXPECTATIONS
· According to EU Delegation this requirement is unlikely to be abolished. The Law on the
rights and responsibilities of the National Intelligence Agency (MIT), Article 6-b as
amended on 17 April 2014, grants the Agency the right to establish online connection and
use the IT systems of sectoral associations, and all public and private entities, including
banks, to collect information, documents, data and records. Unlike any other entity,
"banks" are specifically mentioned in the Law. Please note that the IT connection defined
in the Law is automatic, not requiring the concerned entities' consent. These entities
cannot refrain from following MIT's demands referring to confidentiality or other
concerns specified in their own legislation. Having access to data centres established
abroad could be more problematic for the authorities, thus this mandatory localisation
requirement is unlikely to change.
LIMITED
12
Request n°6: Telecommunication services
COMMITMENTS, OFFERS AND INDICATIONS
TiSA GATS/DDA
(initial + revised offer)
Best FTA
Commitments for all
telecommunication services
modes 1-3.
1), 3) (None) "Except for
national public
organizations and stateowned
enterprises foreseen
by law, in order to be
authorized, establishment is
required in the form of a
joint-stock or limited
liability company.
Electronic communications
(telecommunications)
services and infrastructure
requiring authorization in
the form of limited number
of rights of use can be
provided only by joint stock
companies".
(Interestingly: broadcasting
transmission services seem
to be covered by the Turkish
offer:
The scope of basic
telecommunications in our
final Schedule does not
cover any kind of (analogdigital)
radio and TV
programme broadcasting
services to the public".)
MA mode 1 and 3 (mode 4
unbound, full commitments
on mode 2):
- Monopoly for Turkish
telecommunications until
2005
- Foreign equity cap up to
49%
- Interconnections between
private companies is
prohibited (???)
TR – Korea
1), 3) Other than national
public organizations and
state-owned enterprises
foreseen by law, in order to
be authorized, establishment
is required in the form of a
joint-stock or limited liability
company.

Turkey's TiSA offer is hence
TR-KOREA minus in that the
latter does not include the
following reservation:
Electronic
communications
(telecommunications)
services and
infrastructure requiring
authorization in the
form of limited number
of rights of use can be
provided only by joint
stock companies".
LIMITED
13
ASSESSMENT
1. Legal form requirements.
2. Unclear:
a. What are "state-owner enterprises foreseen by law"? Are these monopolies? For
which telecommunication services?
b. Does the requirement of a joint-stock or limited liability company apply for all
telecommunication services?
3. No foreign equity caps as indicated in GATS schedule.
EU INTEREST
· Key market for telecommunication companies.
· Vodafone already has important market presence in mobile telephony market.
· It would be useful to get more information on the procedures and authorisation
requirements for provision of satellite services in Turkey, including in particular about the
seemingly dual role of Turksat, being both a sort of regulator and a market player too.
FEASIBILITY/EXPECTATIONS
· Not known.
Outcome of the bilateral meeting of 10 November 2014
· TR took note and will provide replies.
LIMITED
14
Request n°7: Environmental services
COMMITMENTS, OFFERS AND INDICATIONS
TiSA GATS/DDA
(initial + revised offer)
Best FTA
Coverage of only CPC
codes 9401-9403
National treatment
1) Policy space on sewage
services (9401); refuse
disposal services (9402);
sanitation and similar
services (9403).
1-4) Policy space on
remaining categories
cleaning of exhaust gases
(9404), noise abatement
(9405), nature and
landscape protection (9406),
other (9409).
Market access
9401-9403 - unbound for
mode 1.
Both same as TiSA Additional coverage of CPC
codes 9404 (cleaning services
of exhaust gases) and CPC
9405 (noise abatement
services):
Mode 1 unbound
Modes 2/3: none
ASSESSMENT
1. Only CPC Prov codes 9401 (sewage), 9402 (refuse disposal) and 9403 (sanitation and
similar services) are covered.
2. CPC 9404 (cleaning of exhaust gases), 9405 (noise abatement), 9406 (nature and
landscape protection) are not committed while they are committed in KR-TR FTA.
[However to be born in mind that KR-TR may correspond to CETA – i.e. was not
concluded when TiSA initial offers were tabled. We should be careful to insist on KR-TR
level of ambition, as this might bounce back in terms of CETA.]
3. Mode 1 is completely unbound [bearing in mind our own mode 1 reservations excluding
consultancy].
EU INTEREST
· Offensive interest in all subsectors. Most important ones are covered (9401-9403),
however remaining ones have economic value as well.
FEASIBILITY/EXPECTATIONS
· As KR-TR covers additional subsectors, this should be feasible as well for TiSA.
LIMITED
15
Request n°8: Tourism services
COMMITMENTS, OFFERS AND INDICATIONS
TiSA GATS/DDA
(initial + revised offer)
Best FTA
A. Hotels and restaurants
CPC 641-643: Mode 2
restriction on Turkish tourist
going abroad; Mode 4
limitations.
B. Travel agencies CPC
7471: commercial presence
is required for Mode 1
nullifying the commitment;
and NT Mode 1 reservation
(Foreign travel agencies
may not organize tours
abroad).
C. Tourist guides CPC
7472: – not scheduled.
As TiSA offer. As TiSA offer.
ASSESSMENT
1. Tourist guides (CPC 7472) not committed.
2. Travel agencies (CPC 7471) commercial presence required.
3. Strange limitation in mode 2 on 100$ fee to be paid by TR tourists going abroad.
[However, according to EU Delegation it is mistake, as Law No 5597 (published on the
Official Gazette of 23 March 2007, set the fee as 15 TL (10$) for going abroad with a
Turkish passport.]
EU INTEREST
· Turkey is very well known tourist destination.
· We have currently no detailed information from our industry on any specific needs in this
sector.
FEASIBILITY/EXPECTATIONS
· Not known
Outcome of the bilateral meeting of 10 November 2014
· TR took note.
LIMITED
16
Request n°9: Mode 4
COMMITMENTS, OFFERS AND INDICATIONS
TiSA GATS/DDA
(initial + revised offer)
Best FTA
ICTs (executivesmanagers,
specialists) &
Trainees up to 1y in
sectors committed under
mode3
BVs up to 90d within 180d
in sectors committed under
mode 3,
Business SS up to 90d
within 180d subject to
specific commitments in
modes 1,2,3.
Lack of commitments
- in most of professional
services: accounting,
taxation, medical,
veterinary,
-postal services,
- distribution services,
- hospital services
Numerical Restrictions for
hotel and restaurants (only
10% up to 20% after of
employees can be foreign).
Huge policy space in all
sectors
Long list of professional
services reserved for TR
nationals (in NT column)-
very limited commitments
in MA column residence
requirement for insurance
and reinsurance brokers
Appointment of a fully
recognised commercial
representative domiciled in
TR is required for opening a
branch.
Tisa offer is better than DDA,
as TR aligned it to the usual
EU offer insofar as categories
as concerns (i.e. By adding
Trainees next to ICT and
BVs) and linking
commitments on ICTs and
BVs with sectors committed
under mode 3, and for
Business SS with sectors
committed under modes 1,2
and 3. Also length of stay is
longer in TiSA for Business
SS (90d compared to 30d in
DDA).
The latest FTA with KR is
broadly comparable to TiSA
(same categories with the
same period of stay),
however there is the annex on
MNP applies to CSS and IPs
and contains the following
provision on CSS and IPs:
No later than five years after
the entry into force of this
Agreement, the Parties shall
consider negotiating
commitments concerning the
access of contractual service
suppliers and independent
professionals of a Party to
the territory of the other
Party, by taking into account
the results of negotiations
pursuant to Article XIX of
GATS and to the Ministerial
Declaration of the WTO
Ministerial Conference
adopted on November 14,
2001.
KR-TR FTA is more
transparent listing all
professional services reserved
to TR nationals.
TR committed integrated
engineering services and
veterinary, postal and courier.
LIMITED
17
ASSESSMENT
1. Commitments on limited number of categories (excluding contractual service suppliers
and independent professionals) and under limited sectoral coverage.
2. Broad policy space on all modes and numerous sectors.
3. Lack of commitments in postal services, distribution services, hospital services as well as
most of professional services (accounting, taxation, medical, veterinary) couples with the
long list of services reserved for TR nationals.
4. Numerical restrictions for hotel and restaurants (only 10% up to 20% after of employees
can be foreign).
5. Period of stay (1 year) for managers and specialists – could be 3 years.
6. Scheduling technique: in some places no annotation on mode 4 is made in MA column i.e.
in other financial services.
EU INTEREST
· Next to economic value the request has also a systemic value for mode 4 negotiations on
the standards proposed by the EU in the text.
· This also has a structural value: pushing for MA/NT shows the EU's ambition and allows
to move away from issues of visa, which are being pursued by TR (clearly against the
EU).
· In EU interest is to a) prolong TR commitments on ICTs (managers and specialist) up to
3y to reach reciprocal rights, which EU accords and b) achieve commitments on business
visitors and at least for CSS.
FEASIBILITY/EXPECTATIONS
· Given that TR considered taking commitments on CSS and IP vis-à-vis KR, the EU such
commitment should be feasible to obtain in context of TiSA as well.
· Given that TR in its accession efforts should align its legislation to the one of the EU,
introduction of ICT Directive should make it easier to request from TR commitment for 3
years period of stay for managers and specialist.
DEFENSIVE POINT
The outstanding Turkish request to the EU focuses on procedural facilitations on mode 4, in
particular on transparency and visas. TR pursues these issues through a regulatory proposal,
however it can't be excluded that Turkey comes back to these issues, also in market access
discussion.
In case TR raises the issue of visa and Mode 4
· The EU supports the objective of ambitious standards on mode 4 in TiSA and appreciates
Turkey's efforts originally as a proponent of regulatory text in this area.
LIMITED
18
· As you know the EU considers that the TiSA is not an appropriate tool for commitments
related to visa procedures, given that these do not fall in the remit of trade and are being
negotiated on a parallel bilateral track.
· In this context I am very happy that recently Commissioner previously responsible for
home affairs - Cecilia Malmström - signed with Turkey readmission agreement, which
allowed initiating the Visa liberalization dialogue.
· I believe that this is the right process to tackle visa related issues and I am confident that we
will make a 'thorough progress' towards visa free travel of the Turkish citizens travelling to
the Schengen area for a short term visit, including service providers.
· Therefore in TiSA, we would expect Turkey to focus on trade related aspects of Mode 4
and move aside from the question of visas. It is in this connection that the EU proposed
market access standards in the text.
Outcome of the bilateral meeting of 10 November 2014
· Legislation might be the reason explaining nationality conditions.
· TR promised to be up to the ambition of the Annex on mode 4.
· TR expressed expectations, notably with respect to visa procedures.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx16

Trade in Services Agreement (TiSA)
EU Cover Note on Reservations
WikiLeaks release: June 3, 2015
This is a confidential note from the European Commission's Directorate-General for Trade, offering
information in response to a series of reservations raised at a Trade Policy Committee (Services and
Investment) meeting held on February 18, 2015. The note is part of correspondence in connection with
the ongoing negotiation of the Trade in Services Agreement (TiSA). TiSA is an international treaty
currently under negotiation between the United States, the European Union and 23 other countries. The
Agreement creates an international legal regime which aims to deregulate and privatize the supply of
services - which account for the majority of the economy across TiSA countries. The text dates from
shortly after the 11th round of TiSA negotiations held 9-13 February 2015 in Geneva, Switzerland.
Description
Keywords: TiSA, Trade in Services Agreement, WTO, GATS, G20, BCBS, IAIS,
IOSCO, FATF, OECD, United States, European Union, Australia,
Canada, Chile, Chinese Taipei (Taiwan), Colombia, Costa Rica, Hong
Kong, Iceland, Israel, Japan, Liechtenstein, Mauritius, Mexico, New
Zealand, Norway, Pakistan, Panama, Paraguay, Peru, South Korea,
Switzerland, Turkey, Uruguay
Restraint: LIMITED
Title: Trade in Services Agreement (TiSA) EU Cover Note on Reservations
Date: February 9, 2015
Group: Trade in Services Agreement
Author: European Commission, Directorate-General for Trade, B1, Services and
Investment, Intellectual Property and Public Procurement
Link: https://wikileaks.org/tisa/tpc-note
Pages: 2
EUROPEAN COMMISSION
Directorate-General for Trade
Directorate B - Services and Investment, Intellectual Property and Public Procurement
Services
Brussels, 19 February 2015
Trade B1/JP/bg 803161
LIMITED
FOR THE ATTENTION OF
THE TRADE POLICY COMMITTEE (SERVICES and INVESTMENT)
Subject: EU reservations
Origin: DG Trade B1
Ignacio Iruarrizaga
Tel. +32 2 298 63 17
[email protected]
Soeren Jakobsen
Tel. +32 2 295 41 85
[email protected]
Joanna Pocztowska
Tel. +32 2 299 25 86
joanna.pocztowska @ec.europa.eu
Objective: For information following the presentation at the TPC on 18
February
Following the Commission's presentation at the TPC meeting on 18/03/2015, these are
the suggestions on the reservations in the discussed sectors:
• Reservation no 580 – it would fall under the services provided by a governmental
authority. To that extent, it would be unnecessary to schedule it.
• Reservation no 198 – the CPC codes need to be verified to see whether they relate to
all listed sectors. In previous agreements there is no such a reservation in the same
sector, for example in the EU-Korea schedule.
• Reservation no 581 – can it be considered as a domestic regulation issue? If so, it
would not need to be scheduled. If this is beyond domestic regulation, why does is
Commission européenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium. Telephone: (32-2) 299 11 11.
have to be in Annex II? Under Annex I it would still be possible to introduce new
non-discriminatory legislation.
• Reservation no 178 – this reservation should be classified consistently with other
reservations on recycling, e.g. under CPC prov. 884.
• Reservation no 527:
First part of reservation: it should be clarified why this reservation is necessary,
taking into account that no other Member State retains the ability to introduce
additional quantitative restrictions in this sector.
Second part of reservation: it undermines the horizontal public utilities reservation
and therefore it would be counterproductive.
• Reservation no 528:
First part of reservation: it should be clarified why this reservation is necessary,
taking into account that no other Member State retains the ability to introduce
additional quantitative restrictions in this sector.
Second part of reservation: it undermines the horizontal public utilities reservation
and therefore it would be counterproductive.
• Reservation no 343 - This reservation should be classified consistently with other
reservations on recycling, e.g. CPC prov. 884 and 885.
• Reservation no 375 – What is the implication of a requirement for headquarters to be
within this MS? It should be clarified to what extent this reservation relates to
internal market legislation, i.e. would a non-EU company incorporated in another EU
country be able to enter business in this MS? If yes, would this reservation make
practical sense?
• Reservation no 651 - it undermines the horizontal public utilities reservation and
therefore it would be counterproductive.
• Reservation no 650 – it undermines the horizontal public utilities reservation and
therefore it would be counterproductive. It is also inconsistent with other reservations
on recycling.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx17

Trade in Services Agreement (TiSA)
Japan's Categorical Analysis of Committed Related
Provisions in TiSA
WikiLeaks release: June 3, 2015
This is a confidential February 2015 presentation document circulated by Japanese negotiators to the
other Trade in Services Agreement (TiSA) Parties, setting out the types of market access committments
that each Party is likely to have. The presentation is part of correspondence in connection with the
ongoing negotiation of the TiSA, to which Japan is a party. TiSA is an international treaty currently under
negotiation between the United States, the European Union and 23 other countries. The Agreement
creates an international legal regime which aims to deregulate and privatize the supply of services - which
account for the majority of the economy across TiSA countries.
Description
Keywords: TiSA, Trade in Services Agreement, WTO, GATS, G20, BCBS, IAIS,
IOSCO, FATF, OECD, United States, European Union, Australia,
Canada, Chile, Chinese Taipei (Taiwan), Colombia, Costa Rica, Hong
Kong, Iceland, Israel, Japan, Liechtenstein, Mauritius, Mexico, New
Zealand, Norway, Pakistan, Panama, Paraguay, Peru, South Korea,
Switzerland, Turkey, Uruguay
Restraint: LIMITED
Title: Trade in Services Agreement (TiSA) Japan's Categorical Analysis of
Committed Related Provisions in TiSA
Date: February 9, 2015
Group: Trade in Services Agreement
Author: Japan
Link: https://wikileaks.org/tisa/japan-provisions/
Pages: 4
Categorical Analysis LIMITED
of Committed Related Provisions (CRPs)
in TiSA
1
Category
A
• These CRPs specify Party’s Scheduling
method.
• Normally, these CRPs do not require legislative
changes.
• Cf. A. Standstill of GATS Understanding on
commitments in financial services
Category
B
• These CRPs restrict a Party from adopting and
maintaining particular measures in terms of
MA and NT.
• Some Parties can NOT comply with these
CRPs.
• Sometimes, these CRPs require legislative
changes.
Category
A
Annex on [International] Maritime Transport
Services [and other Maritime Services]
2. Cross-border supply
Subject to any terms, limitations, conditions, and qualifications set out in
its Schedule, each Party shall permit cross-border supply of feeder
services and maritime offshore services.
Category
B
Annex on Professional Services
3. Cross-border supply of Professional Services
Notwithstanding Paragraph 2, each Party shall undertake commitments
without limitations to permit the cross border supply of professional
services as described in Art I 1:2(a [and (b)]).]
5. Foreign Capital Limitations
No Party may, with respect to entities supplying professional services
through a commercial presence, limit the participation of foreign capital
in terms of maximum percentage limit on foreign shareholding or the
total value of individual or aggregate foreign investment.
2
LIMITED
Examples of the two categories in CRPs
3

LIMITED
Distribution of the two categories in
CRPs
Category
A
Category
B
Annex on Movement of Natural Persons 9 2
Annex on Financial Services 2 0
Annex on International Maritime Transport Services 4 4
Annex on Telecommunications Services 1 2
Annex on Professional Services 2 6
Annex on Road Freight Transport and Related Logistics
Services
0 3
Annex on Environmental Services 3 2
Annex on Energy Related Services 2 2
Total 23 21
Note1:
There are no CRPs in Annexes on Air Transport Services, Government Procurement,
Domestic Regulation, Electronic Commerce, Facilitation of Patient Mobility and Delivery
Services.
Note2:
Counts of CRPs may differ over the definitions of CRPs. (disclaimer)
1. Are the sectors in which Annexes are not proposed less important?
• If Annexes provide CRPs, the sectors in which Annexes are established achieve a
high level of ambition.
• However, the sectors without Annexes are also important and should be
liberalized. Among them are distribution and audio-visual services sectors.
2. Do “Category B CRPs” affect the horizontal commitments?
• If so, a CRP in a specific sector even affects other services sectors.
For example, in the country that maintains a horizontal foreign equity
participation limitation (e.g. 50%) to all services sectors, Section 5 of Annex on
Professional Services requires the country to lift the limitation in not only
professional services, but also all services sectors including financial services
and telecommunications services. (too powerful).
• If not, a CRP in a specific sector allows horizontal inconsistent measures.
For example, Section 5 of Annex on Professional Services prohibits a country
from adopting and maintaining a foreign capital participation limitation focusing
on the professional services sector, but somehow allow the country to introduce
a broad horizontal limitation. (a loophole)
3. Don’t “Category B CRPs” allow legitimate public policy?
• In some case, CRPs restrict a country from adopting and maintaining a
legitimate public policy. For example, a Local Presence requirement often is put
in place in order to ensure consumer protection.
• Legitimate public policies differ across countries, and cannot be fully covered by
exception articles. (MA negotiations matter.)

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx18

Trade in Services Agreement (TiSA)
Japan's Memo On Language In Annex On Competitive
Delivery Services
WikiLeaks release: June 3, 2015
This is a confidential February 2015 memo sent by Japanese negotiators to the other Trade in Services
Agreement (TiSA) Parties, clarifying the meaning of the terms "separate from" and "accountable to," as
they are used in the TiSA Annex on Competitive Delivery Services. The clarification is part of
correspondence in connection with the ongoing negotiation of the TiSA, to which Japan is a party. TiSA is
an international treaty currently under negotiation between the United States, the European Union and 23
other countries. The Agreement creates an international legal regime which aims to deregulate and
privatize the supply of services - which account for the majority of the economy across TiSA countries.
Description
Keywords: TiSA, Trade in Services Agreement, WTO, GATS, G20, BCBS, IAIS,
IOSCO, FATF, OECD, United States, European Union, Australia,
Canada, Chile, Chinese Taipei (Taiwan), Colombia, Costa Rica, Hong
Kong, Iceland, Israel, Japan, Liechtenstein, Mauritius, Mexico, New
Zealand, Norway, Pakistan, Panama, Paraguay, Peru, South Korea,
Switzerland, Turkey, Uruguay
Restraint: LIMITED
Title: Trade in Services Agreement (TiSA) Japan's memo on the terms
"separate from" and "accountable to" in Annex On Competitive Delivery
Services
Date: February 16, 2015
Group: Trade in Services Agreement
Author: Japan
Link: https://wikileaks.org/tisa/japan-separate/
Pages: 2
Case study
Clarification on the terms "separate from""accountable to" -
1
3.Each Party shall ensure that [any] [CH propose: the competent] [authority] [EU propose: authorities] responsible for regulating
[delivery services][EU propose: delivery services] is separate from, and not accountable to, any supplier of delivery services [EU
propose: or the postal monopoly.], [EU oppose: and that the [EU propose: The] decisions and procedures that these authorities
adopt [are][EU propose: shall be] impartial, non-discriminatory, and transparent in its territory.
Government
Ministry of Transport/Communications Ministry of Finance
Clearance
procedure
on export and
import
/ _
Ownership
Shareholding
(directly or
indirectly)
Separate from/not
accountable to ?
Delivery Services
Provider В
Delivery Services Provider A
Case study
- Clarification on the terms "separate from""accountable to" -
3.Each Party shall ensure that [any] [CH propose

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx19

Trade in Services Agreement (TiSA)
Japan UPU Clarification on USO
WikiLeaks release: June 3, 2015
This is a confidential letter from the Legal Affairs Director of the International Bureau of the Universal
Postal Union (UPU) in response to a request from the Japanese Ministry of Internal Affairs and
Communication for a clarification on a matter of law relating to the Universal Postal Convention (USO).
The request was made in connection with the ongoing negotiation of the Trade in Services Agreement
(TiSA), to which Japan is a party. TiSA is an international treaty currently under negotiation between the
United States, the European Union and 23 other countries. The Agreement creates an international legal
regime which aims to deregulate and privatize the supply of services - which account for the majority of
the economy across TiSA countries. The text dates from shortly before the 11th round of TiSA
negotiations held 9-13 February 2015 in Geneva, Switzerland.
Description
Keywords: TiSA, Trade in Services Agreement, WTO, GATS, G20, BCBS, IAIS,
IOSCO, FATF, OECD, United States, European Union, Australia,
Canada, Chile, Chinese Taipei (Taiwan), Colombia, Costa Rica, Hong
Kong, Iceland, Israel, Japan, Liechtenstein, Mauritius, Mexico, New
Zealand, Norway, Pakistan, Panama, Paraguay, Peru, South Korea,
Switzerland, Turkey, Uruguay
Restraint: LIMITED
Title: Trade in Services Agreement (TiSA) Japan UPU Clarification On USO
Date: November 28, 2014
Group: Trade in Services Agreement
Author: Ricardo Guillermo Filho, Director of Legal Affairs, International Bureau
of the Universal Postal Union
Link: https://wikileaks.org/tisa/japan-clarification/
Pages: 3
UNIVERSAL
POSTAL
UNION
International Bureau
Case postale
3000 BERNE 15
SWITZERLAND
Τ +41 313S0 3111
F +41 31 350 31 10
www.upu.lnt
Contact; Mr Jochen KRU ECK
Τ+41 31 350 31 19
[email protected]
Mr Masatoshi KAWANO
Director
Postal Services Policy Department
Ministry of Internal Affairs and
Communication (MIC)
1-2, Kasumigaseki 2 chôme, Chiyoda-ku
TOKYO
100-8926 JAPAN
Berne,. November 2014
Reference: 0305(DAJ)
Subject: Request for legal clarification on the concept of universal postal service
Dear Mr Kawano,
We acknowledge with thanks your request of 26 September 2014 for a legal analysis, by the Legal Affairs
Directorate of the International Bureau of the Universal Postal Union, on the concept of universal postal
service as contained in the Universal Postal Convention (hereinafter the "Convention"). In this regard, we
would kindly draw your attention to the relevant considerations presented herein.
A. Background Information
1. On 26 September 2014, the Postal Services Policy Department of the Ministry of Internal Affairs and
Communication of Japan requested from the Legal Affairs Directorate at the international Bureau of
the Universal Postai Union (hereinafter "IB" and "UPU" respectively) a legal assessment concerning
the scope of universal postal services (hereinafter "UPS") as outlined in the Convention.
2. In more specific terms, Japan requested further clarification concerning the relationship between the
universal postal service (with its reference to "quality basic postal services") as defined in articles
1.1.14 and 3 of the Convention, and the concept of "basic services" pursuant to article 13 of the
Convention. Moreover, the question arises whether the reference to UPS as enshrined in article
1.1.14 of the Convention is limited to the basic services enlisted in article 13 of the Convention, or
whether a member country may define a different scope for the UPS offered on its territory.
B. Current legal framework, definitions and related considerations
i) Applicable legal framework and definitions
3. Following on the fundamental precept contained in the Preamble of the UPU Constitution, which
states that "the mission of the Union is to stimulate the lasting development of efficient and
accessible universal postal services of quality in order to facilitate communication between the
inhabitants of the world", the Convention defines UPS In article 1.1.14 as "the permanent provision of
quality basic postal services at all points in a member country's territory, for all customers, at
affordable prices".
LIMITED
2
4. The provisions above are then further reinforced by article 3.1 of the Convention, which provides that
"[...] member countries shall ensure that all users/customers enjoy the right to a universal postal
service involving the permanent provision of quality basic postal services at all points in their
territory, at affordable prices."
5. Further, article 3.2 of the Convention stipulates that "[...] member countries shall set forth, within
the framework of their national postal legislation [...] the scope of the postal services offered
and the requirement for quality and affordable prices, taking into account both the needs of the
population and their national conditions." (emphasis is ours)
6. Notwithstanding the aforementioned provisions concerning the UPS, the fundamental rules
pertaining to letter post and postal parcels are contained in articles 13 and 15 of the Convention,
which differentiate between basic services on the one hand and supplementary services on the other
hand.
7. in that regard, it may also be noted that, while article 13 (basic services) refers to the range of
mandatory international postal services which shall be provided by every member country, article 15
("supplementary services") outlines a number of services which are either of a mandatory character
(whose provision shall be ensured by every member country), such as articles 15.1 for "registration
services", 15.3.1 for the "IBRS 'return' service", 15.3.2 for the "exchange of the international reply
coupons" and 15.3.3 for the "advice of delivery for incoming registered letter-post items, parcels and
insured items", or of an optional character (articles 15.2 and 15.3 in their remaining parts).
îi) Related legal considerations
8. With the above-described framework in mind, it becomes evident that the concept of UPS as
enshrined in the Convention necessarily includes a number of mandatory postal services (as
mentioned above) which shall be provided to all customers within a member country's territory. As a
matter of fact, these services are not limited to the basic services contained in article 13 of the
Convention, but would also comprise (in the absence of country-specific reservations) the mandatory
supplementary services listed in article 15 of the Convention. The inclusion of these services not only
ensures the accessibility of certain postal services for all citizens of any given member country, but
also supports the principle of a single postal territory as mentioned in article 1.1 of the UPU
Constitution (particularly for letter-post items). As such, every member country is required to ensure,
at the very least, the provision of the above-mentioned basic and (mandatory) supplementary
services to its customers.
C
9. However, while the above represents the minimum a member country needs to offer to its customers
on its territory in order to fulfil its obligations towards the Convention, a question might still remain as
to whether a member country may include further services within the scope of its own UPS.
10. Accordingly, while the term "universal" suggests a common standard applicable to ail member
countries, article 3.2 of the Convention (subject to the basic requirements of articles 13 and 15 of the
Convention) makes it clear that the scope of UPS shall be set forth by member countries "within the
framework of their national legislation or by other customary means", taking into account both the
needs of the population and their national conditions. In other words, nowhere in the Convention is it
forbidden for a member country to expand the scope of UPS beyond the range of services which
every member country is obligated to provide pursuant to the Convention.
11. In the light of the foregoing, this means for instance that, while some member countries may choose
to include only the mandatory services referred to above as part of their UPS, other member
countries may also decide to include a number of additional postal services (including without
limitation EMS as defined in article 16 of the Convention, or even postal payment services as defined
in the Postal Payment Services Agreement) within the scope of their respective UPS. 1
12. So despite the fact that certain international postal services defined in the Acts of the Union are
optional, the definition of UPS as referenced in article 1.1.14 of the Convention does not prohibit the
inclusion, by any member country, of those services as "quality basic postal services" to be offered at
1 The Inclusion of EMS, postal payment services and/or insured items as part of the UPS has already taken place, for Instance, in
several member countries located in the Africa, Asia, Europe and the Western Hemisphere.
LIMITED
3
all points in their territory and at affordable prices, in addition to the mandatory services already
contained in articles 13 and 15 of the Convention.
13. Nevertheless, it is essential to clarify that, whereas any member country may unilaterally enlarge the
scope of its UPS to comprise other postal services (such as EMS, postal payment services or
insured items), this does not mean that the same member country is in a position to impose the
same commitments on another member country as far as the latters respective scope of UPS is
concerned.
14. In summary, the following conclusions may be drawn from the brief considerations above:
- The Convention sets forth, in articles 13 and 15 (the latter article in part), certain mandatory
international postal services which shall be provided to all customers within a member
country's territory. Such services represent, under the Acts of the Union and in the absence
of country-specific reservations, the minimum requirements every member country must
offer to its customers as part of the UPS concept.
- Nevertheless, every member country is also free to determine a wider range of international
postal services as part of its UPS. So the services that fall under the concept of "quality
basic postal services" as mentioned in articles 1.1.14 and 3.1 of the Convention are not
necessarily limited to the "basic services" stipulated in article 13 of the Convention;
- Accordingly, article 3.2 of the Convention requires member countries to set forth their
respective scope of UPS bv taking into account both the needs of the population antį
customary means. Therefore, it is up to each member country to respectively decide on the
mandatory services referred to above: ^
In the light of the above, there is no specific prohibition under the Convention for a member
country to include EMS as part of the scope of UPS in its own territory;
- Finally, as for the view that a member country may not include EMS in its range of UPS
because EMS is not a basic service defined in article 13 of the Convention, it is worth noting
that this understanding would be legally inconsistent with the intent, language and purpose
of article 3 of the Convention.

TISA original source documents
TiSA Annex on Air Transport Services  February 9, 2015 June 3, 2015
TiSA Annex on Competitive Delivery Services  April 16, 2014 June 3, 2015
TiSA Annex on Domestic Regulation  February 20, 2014 June 3, 2015
TiSA Annex on Electronic Commerce February 20, 2013 June 3, 2015
TiSA Annex on International Maritime Transport Services  February 10, 2015 June 3, 2015
TiSA Annex on Movement of Natural Persons February 13, 2015 June 3, 2015
TiSA Annex on Professional Services February 13, 2015 June 3, 2015
TISA Annex on Telecommunications Services February 20, 2015 June 3, 2015
TiSA Annex on Financial Services  February 23, 2015 June 3, 2015
TiSA Annex on Transparency  January 23, 2015 June 3, 2015
TiSA Annex on Transparency April 16, 2014 June 3, 2015
TiSA Annex on Financial Services  April 14, 2014 June 19, 2014
TiSA Market Access - Israel January 25, 2015 June 3, 2015
TiSA Market Access - Turkey January 25, 2015 June 3, 2015
TiSA Cover Note TPC (EU reservations) February 19, 2015 June 3, 2015
TiSA Japan Analysis of Committed Related Provisions February 9, 2015 June 3, 2015
TiSA Japan Separate From And Accountable February 16, 2015 June 3, 2015
TiSA Japan UPU Clarification on USO November 28, 2014 June 3, 2015

 

Interactive 9/11, JFK & Holocaust Spreadsheet

Google Custom Search Engine ... Link 9/11 Truth, JFK assassination, Holocaust hoax & ISIS ...... home

No main stream media sites including Wikipedia are searched on this custom search page .... only websites dedicated to exposing the truth about 9/11, JFK assassination and the Holocaust hoax. This may include 'gatekeeper' sites such as 911Truth.org, Architects & Engineers for 9/11 Truth.org, Chomsky etc....by 'gatekeeper' we mean websites who never mention Israel, UK or Saudi Arabia as complicit in the 'inside job' attack. The roots of 9/11 go back to the Jewish Bolshevik revolution, Zionist/Nazi Germany (chronology below), the Holocaust hoax (treachery to spur emigration to Palestine) ... Google restricts results to 10 pages (100 items)

MS Excel Sort & Filter 2000 rows, 12 columns

Yes to 'no planes', Israel nuked the WTC, the Holocaust(timeline below) is a hoax, the Mossad / LBJ assassinated John Kennedy & ISIS=Hitler.

Interactive Spreadsheet - 9/11 Truth, JFK assassination, Holocaust revision & ISIS

 

Nazi Era Timeline
Clinton 9/11 Truth Timeline

 

 

free hit counter javascript

 

Google Analytics