Trade in Services COMMUNICATION FROM THE …...Fashion Models and Specialty Occupations - Up to 65,000 persons annually on a world-wide basis in occupations as set out in 8 USC

WORLD TRADE

ORGANIZATION

S/DCS/W/USA27 February 2003

(03-1210)

Trade in Services Original: English

COMMUNICATION FROM THE UNITED STATES

United States' Schedule of Specific Commitmentsunder the General Agreement on Trade in Services

To facilitate the process of negotiations, including presentation of initial offers, the United Stateshas prepared the attached draft consolidated version of its Schedule of Specific Commitments and List ofArticle II (MFN) Exemptions. This is not a legally binding document and does not substitute for thelegally binding commitments and exemptions undertaken by the United States in its Schedule of SpecificCommitments (GATS/SC/90; GATS/SC/90/Suppl.2 and 3) and List of Article II (MFN) Exemptions(GATS/EL/90; GATS/EL/90/Suppl.2 and 3).

_______________

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THE UNITED STATES OF AMERICA - SCHEDULE OF SPECIFIC COMMITMENTS

Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons

Sector or subsector Limitations on market access Limitations on national treatment Additional commitments

I. HORIZONTAL COMMITMENTS

ALL SECTORS COVERED BY THIS SCHEDULE: For the purpose of this schedule the "United States" is defined as encompassing the 50 states of the UnitedStates, plus the District of Columbia.

All Sectors: TemporaryEntry And Stay of NaturalPersons1

4) Unbound, except for measures concerningtemporary entry and stay of nationals of anothermember who fall into the categories listedbelow:

4) Unbound

Services Salespersons - persons not based in theterritory of the United States and receiving noremuneration from a source located within the UnitedStates, who are engaged in activities related torepresenting a services supplier for the purpose ofnegotiating for the sale of the services of that supplierwhere: a) such sales are not directly made to thegeneral public and b) the salesperson is not engaged insupplying the service. Entry for persons named in thissection is limited to a ninety-day period.

1 "Temporary entry" means entry without intent to establish permanent residence under immigration laws of the US and confers no rights with respect to

citizenship. US commitments regarding entry and temporary stay in the US do not apply in cases of labour/management disputes.

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Intra-corporate Transferees - managers, executives andspecialists, as defined below, who are employees offirms that provide services within the United Statesthrough a branch, subsidiary, or affiliate established inthe United States and who have been in the prioremploy of their firm outside the United States for aperiod of not less than one year immediately precedingthe date of their application for admission and who areone of the following:

a) Managers - persons within an organization whoprimarily direct the organization, or adepartment or sub-division of theorganization, supervise and control thework of other supervisory, professional ormanagerial employees, have the authorityto hire and fire or recommend hiring, firing,or other personnel actions (such aspromotion or leave authorization), andexercise discretionary authority overday-to-day operations. Does not includefirst-line supervisors, unless the employeessupervised are professionals, nor does itinclude employees who primarily performtasks necessary for the provision of theservice.

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b) Executives - persons within the organization whoprimarily direct the management of theorganization, establish the goals andpolicies of the organization, exercise widelatitude in decision-making, and receiveonly general supervision or direction fromhigher-level executives, the board ofdirectors, or stockholders of the business.Executives would not directly performtasks related to the actual provision of aservice or services of the organization.

c) Specialists - persons within an organization whopossess knowledge at an advanced level ofcontinued expertise and who possessproprietary knowledge of the organization'sservices, research equipment, techniques,or management. (Specialists may include,but are not limited to, members of licencedprofessions.)

Entry for persons named in this section is limited to athree-year period that may be extended for up to twoadditional years for a total term not to exceed fiveyears.

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Personnel Engaged in Establishment - A person whohas been employed in the immediately preceding yearby an entity described in Section II, receivingremuneration from that source, who occupies amanagerial or executive position with that entity and isentering the territory of the United States for thepurpose of establishing an entity described in Section IIthat will support employment of persons named inparagraphs a), b), and c) therein. The subject personsshall present proof of acquisition of physical premisesfor the entity that shall commence its businessoperations within one year of the date of entry of thatperson.

Fashion Models and Specialty Occupations - Up to65,000 persons annually on a world-wide basis inoccupations as set out in 8 USC. ' 1101 (a) (15) (H) (i)(b), consisting of (i) fashion models who are ofdistinguished merit and ability; and (ii) personsengaged in a specialty occupation, requiring (a)theoretical and practical application of a body of highlyspecialized knowledge; and (b) attainment of abachelor's or higher degree in the specialty (or itsequivalent) as a minimum for entry into the occupationin the United States. Persons seeking admission under(ii) above shall possess the following qualifications: (a)full licensure in a US state to practice in theoccupation, if such licensure is required to practice inthe occupation in that state; and (b) completion of therequired degree, or experience in the specialtyequivalent to the completion of the required degree andrecognition of expertise in the specialty throughprogressively responsible positions relating to thespecialty. Entry for persons named in this section islimited to three years.

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Specialty occupation aliens and their employers mustbe in compliance with all labour condition applicationrequirements that are attested to by the establishedemployer. These requirements are: a) wages paid to theperson are the greater of: 1) the actual wage paid by theemployer to individuals in that place of employmentwith similar qualifications and experience, or 2) theprevailing wage for that occupational classification inthe area of employment; b) conditions of work are suchthat they will not adversely affect working conditionsfor those similarly employed; c) there is no strike orlockout in the course of a labour/management disputein progress at the place of employment affecting thesubject occupation; labour/management dispute inprogress at the place of employment;

d) the employer has not laid off or otherwisedisplaced workers in the subject occupation inthe previous six months and will not lay off ordisplace any US worker during the 90-day periodfollowing the filing of an application or the90-day periods preceding and following thefiling of any visa petition supported by theapplication; e) the employer has taken and istaking timely and significant steps to recruit andretain sufficient US workers in the specialtyoccupation; and f) notice is given at the time ofapplication by the employer to employees ortheir representatives at the place of employment.

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All Sectors: Acquisition ofLand

3) None 3) The federal government restricts initialsale of federally-owned lands to UScitizens. (Preceding restriction does notapply to foreign-owned companiesformed under the laws of any state ofthe United States.)

Acquisition of land reclaimed withfederal funds and reclamation of desertland is restricted to individual UScitizens

Ownership of land by non-US citizensis limited in: Kentucky (restrictionsapply only to individuals, not toforeign-owned companies incorporatedwithin the United States) and SouthCarolina (applies to individuals andforeign-owned corporations).

Purchase of land by non-US citizens notresident within the state is restricted in:Oklahoma, Florida, and Wyoming. InMississippi, non-US citizens may notpurchase more than 5 acres forresidential property, or more than 320acres for industrial development.

Non-US citizens may not purchase orbid on sales of public lands in: Hawaii,Idaho, Mississippi, Montana, andOregon

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All Sectors: TaxationMeasures

1) None

2) None

3) None

1), 2), 3) At the federal level, with respectto direct taxes:

Differential tax treatment may beprovided between trusts created ororganized in the United States toprovide employee benefits and trustsnot created or organized in the UnitedStates and their respectivebeneficiaries. Such provisions affectthe taxation of the income of the trustor the beneficiary, the availability ofdeductions to taxpayers forcontributions to the trust, and taxadministration requirements; theseprovisions include different rules forallowing deductions to, anddetermining the earnings of, foreignemployee benefit plans.

An increase in the rate or a widening ofthe base of a federal income tax maybe imposed on a national, resident orcorporation of a foreign country wherea national, resident or corporation ofthe United States is being subjected todiscriminatory or extraterritorial taxes(as described in section 891 or section896 of the Internal Revenue Code).

At the federal level, with respect to taxesother than direct taxes:

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An excise tax may be imposed inconnection with transfers of anyproperty by a citizen or resident of theUnited States, or by a domestic entity(corporations, partnership, estate ortrust) to a foreign entity (corporationpartnership, estate or trust).

An excise tax may be imposed on USsource gross investment income offoreign organizations that are privatefoundations.

4) Unbound, except as indicated in the horizontalsection

4) None

All Sectors: Subsidies 1) Unbound

2) Unbound

1) Unbound

2) Unbound

3) None 3) The Federal Overseas PrivateInvestment Corporation (OPIC)insurance and loan guarantees are notavailable to certain aliens, foreignenterprises, and foreign-controlledenterprises established in the UnitedStates

Trade and Development Agencyfinancing is limited to:

I. individuals 1) who are either UScitizens or non-US citizens lawfullyadmitted for permanent residence inthe United States and 2) whoseprincipal places of business are inthe United States, or

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II. privately-owned commercialcorporations or partnerships thatare incorporated or legallyorganized under the laws of theUnited States and whose principalplaces of business are in theUnited States and (1) that are morethan 50 per cent beneficiallyowned by individuals who are UScitizens or (2) that have beenincorporated or legally organizedin the United States for more than3 years, have performed similarservices in each of the prior 3years, and employ US citizens inmore than half of their permanentfull-time positions in the UnitedStates and have the existingcapability in the United States toperform the contract

Unbound for measures at the federal,state or local levels that accord rightsor preferences to members of sociallyor economically disadvantaged groupsin the United States, including:

Federal Small Business Administration- loans are restricted to US citizens orcompanies that are 100 per cent ownedby US citizens and whose directors areall US citizens

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Maine - The Maine Veterans SmallBusiness Loan Guarantee Programprovides guarantees to eligible residentveterans for business loans from locallending institutions. A qualifyingbusiness is one that is independentlyowned and operated in Maine, and theapplicant must be a war veteran. TheSmall Business Loan GuaranteeProgram in Maine provides guaranteesof loans made by private lenders toeligible residents of Maine for businesspurposes.

Maryland - The Maryland SmallBusiness Development FinancingAuthority makes direct loans tosocially or economically disadvantagedbusiness persons. Applicants must beUS citizens and have a business that is70 per cent owned by socially oreconomically disadvantaged persons.Applicants for the Maryland SmallBusiness Surety Bond GuaranteeProgram must be US citizens and, ifentities, must have their principalplaces of business in Maryland.

Minnesota - Community DevelopmentCorporations are only eligible toreceive grants if 60 per cent of theirdirectors are residents of the specificgeographic community in Minnesotawithin which they will operate.

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Oregon - Oregon law requires that theEconomic Development Corporation(EDC) give preference in OBDF loansto businesses owned in whole or inpart by dislocated timber workers.

Pennsylvania - Minority BusinessDevelopment Authority provideslong-term low interest loans tominority-owned businesses.Applicants must be Blacks, Aleuts,Eskimos, Hispanics or AmericanIndians who are residents ofPennsylvania.

Unbound for research anddevelopment subsidies

4) Unbound, except as indicated in the horizontal section

4) None

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsII. SECTOR-SPECIFIC COMMITMENTS1. BUSINESS SERVICES

A. PROFESSIONALSERVICES

a) 1) Legal Services: practiceas or through a qualifiedUS lawyer

For the following jurisdiction, the followingcommitments apply: in (all states)

1) Services must be supplied by a natural person

An in-state office must be maintained for licensurein: District of Columbia, Indiana (or an affiliatewith an office and with other attorneys in the state),Michigan, Minnesota (or maintain individualresidency in Minnesota), Mississippi, New Jersey,Ohio, South Dakota and Tennessee.

1) In-state or US residency is required forlicensure in: Hawaii, Iowa, Kansas,Massachusetts, Michigan, Minnesota(or maintain an office in Minnesota),Mississippi, Nebraska, New Jersey,New Hampshire, Oklahoma, RhodeIsland, South Dakota, Vermont,Virginia, Wyoming.





Partnership in law firms is limited to personslicenced as lawyers

US citizenship is required to practice before the USPatent and Trademark Office

3) None

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitments4) Services must be supplied by a natural person


US Citizenship is required to practice before the USPatent and Trademark Office


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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsa) 2) Legal Services:

consultancy on law ofjurisdiction whereservice supplier isqualified as a lawyer(such consultancyexcludes the following:i) appearing for a personother than himself orherself as attorney in anycourt, or before anymagistrate or otherjudicial officer, in thisstate (other than uponadmission pro haec vice);ii) preparing anyinstrument effecting thetransfer or registration oftitle to real estate locatedin the United States ofAmerica; iii) preparingany will or trustinstrument effecting thedisposition on death ofany property located inthe United States ofAmerica and owned by aresident thereof, or anyinstrument relating to theadministration of adecedent's estate in the

For the following jurisdiction, the followingcommitments apply: Alaska2

1) None

2) None

3) None


1) None

2) None

3) None

4) None

a) Practice ofinternational law:permitted, providedforeign legalconsultant (FLC) iscompetent.

b) Practice of3rd-country law:permitted providedthat FLC obtainswritten legal advicefrom an attorneylicenced in thatjurisdiction.

c) Practice ofhost-country law:permitted providedthat FLC obtainswritten legal advicefrom an attorneylicenced to practice inthat jurisdiction.

d) Association with locallawyers: partnershipswith local lawyerspermitted.

e) Employment of locallawyers: permitted.

f) Use of firm name:permitted.

g) Other: n/a.

2 The following information is provided for transparency purposes only. A supplier regularly providing services in the jurisdiction is required to be licenced as

a foreign legal consultant (FLC) in Alaska. Licensure is subject to meeting requirements of registration, an experience requirement (5 of the 7 yearspreceding registration must have been spent practising law), certification of registration and good standing with home-country bar, meeting the professionalliability insurance requirement, and agreement to be bound by the Rules of Disciplinary Enforcement, Ethics Opinions adopted by the Board of Governors ofthe Alaska Bar Association, and the Code of Professional Responsibility. Professional privileges apply to all foreign lawyers.

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsUnited States ofAmerica; and iv)preparing any instrumentin respect of the maritalor parental relations,rights or duties of aresident of the UnitedStates of America, or thecustody or care of thechildren of such aresident.) For the following jurisdiction, the following

commitments apply: California3

1) None

2) None

3) None


1) None

2) None

3) None

4) None

a) Practice ofinternational law:permitted to theextent incorporated inhome-country law.

b) Practice of3rd-country law: notpermitted.

c) Practice ofhost-country law: notpermitted.

d) Association with locallawyers: partnershipwith local lawyerspermitted.



g) Other: n/a.

3 The following information is provided for transparency purposes only. A supplier regularly providing services is required to be licenced as a foreign legal

consultant in California. Licensure is subject to meeting requirements of registration, an experience requirement (4 of the 6 years preceding registration musthave been spent practising law), certification of registration and good standing with home-country bar, meeting the professional liability insurancerequirement, and agreement to be bound by the requirements of the State Bar of California. Professional privileges apply to all foreign lawyers.

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsFor the following jurisdiction, the followingcommitments apply: Connecticut4

1) None

2) None

3) None


1) None

2) None

3) None

4) None


b) Practice of3rd-country law:permitted providedFLC first obtainsadvice from anattorney licenced inthat jurisdiction.


d) Association with locallawyers: partnershipwith local attorneyspermitted.



g) Other: n/a.

4 The following information is provided for transparency purposes only. A supplier regularly providing services is required to be licenced as a foreign legal

consultant in Connecticut. Licensure is subject to meeting requirements of registration, a minimum age of 26 years, an experience requirement (5 of the 7years preceding registration must have been spent practising law), certification of registration, meeting the professional liability insurance requirement, anoverdraft notification, good standing with home-country bar, and a written commitment to observe the Connecticut Rules of Professional Conduct.Professional privileges apply to all foreign lawyers.

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsFor the following jurisdiction, the followingcommitments apply: District of Columbia5

1) None

2) None

3) In-state office required

4) Unbound, except as indicated in the horizontal section. Additionally, an in-state office is required.

1) None

2) None

3) None

4) None

a) Practice ofinternational law:permitted, providedFLC is competent.

b) Practice of3rd-country law:permitted, providedFLC is competent.

c) Practice ofhost-country law:permitted providedFLC first obtainsadvice from anattorney licenced inthat jurisdiction andidentifies the personto the client.




g) Other: n/a.

5 The following information is provided for transparency purposes only. A supplier regularly providing services in the jurisdiction is required to be licenced as

a foreign legal consultant in the District of Columbia. Licensure is subject to meeting requirements of registration, a minimum age of 26 years, anexperience requirement (5 of the 8 years preceding registration must have been spent practising law), certification of registration and good standing withhome-country bar, meeting the professional liability insurance requirement, and a written commitment to be bound by the Code of ProfessionalResponsibility of the American Bar Association. Professional privileges apply to all foreign lawyers.

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsFor the following jurisdiction, the followingcommitments apply: Florida6

1) None

2) None

3) None


1) None

2) None

3) None

4) None







g) Other: n/a.

6 The following information is provided for transparency purposes only. A supplier regularly providing services in the jurisdiction is required to be licenced as a foreign

legal consultant in Florida. Licensure is subject to meeting requirements of registration, a minimum age of 26 years, an experience requirement (5 of the 7 yearspreceding registration must have been spent practising law), certification of registration and good standing with home-country bar, and a sworn statement to abide bythe Rules of Professional Conduct. Professional privileges apply to all foreign lawyers.

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsFor the following jurisdiction, the followingcommitments apply: Georgia7

1) None

2) None

3) None


1) None

2) None

3) None

4) None







g) Other: n/a

7 The following information is provided for transparency purposes only. A supplier regularly providing services in the jurisdiction is required to be licenced as a

foreign legal consultant in Georgia. Licensure is subject to meeting requirements of registration, an experience requirement (5 of the 7 years precedingregistration must have been spent practising law), certification of registration and good standing with home-country bar, and a commitment to observe the Rulesof Professional Responsibility and Disciplinary Rules applicable to members of the State Bar of Georgia. Professional privileges apply to all foreign lawyers.

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsFor the following jurisdiction, the followingcommitments apply: Hawaii8

1) None

2) None

3) None


1) None

2) None

3) None

4) None


b) Practice of3rd-country law:permitted providedFLC obtains advicefrom an attorneylicenced in thatjurisdiction andidentifies that personto the client.

c) Practice ofhost-country law:permitted providedFLC obtains advicefrom an attorneylicenced in thatjurisdiction andidentifies that personto the client.




g) Other: n/a.


foreign legal consultant in Hawaii. Licensure is subject to meeting requirements of registration, a minimum age of 26 years, an experience requirement (5 of the 7years preceding registration must have been spent practising law), and certification of registration and good standing with home-country bar. Professionalprivileges apply to all foreign lawyers.

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsFor the following jurisdiction, the followingcommitments apply: Illinois9

1) None

2) None

3) None


1) None

2) None

3) None

4) None







g) Other: n/a


foreign legal consultant in Illinois. Licensure is subject to meeting requirements of registration, an experience requirement (5 of the 7 years preceding registrationmust have been spent practising law), meeting the professional liability insurance requirement, a written commitment to observe the Rules of ProfessionalConduct, and certification of registration and good standing with home-country bar. Professional privileges apply to all foreign lawyers.

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsFor the following jurisdiction, the followingcommitments apply: Michigan10

1) None

2) None

3) None


1) None

2) None

3) In-state residency required








g) Other: n/a.


legal consultant in Michigan. Licensure is subject to meeting requirements of registration, a minimum age of 18 years, an experience requirement (3 of the 5 yearspreceding registration must have been spent practising law), and certification of registration and good standing with home-country bar. Professional privileges apply toall foreign lawyers.

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsFor the following jurisdiction, the followingcommitments apply: Minnesota11

1) None

2) None



1) None

2) None

3) None

4) None







g) Other: n/a.


foreign legal consultant in Minnesota. Licensure is subject to meeting requirements of registration, a minimum age of 26 years, an experience requirement (5 ofthe 7 years preceding registration must have been spent practising law), certification of registration and good standing with home-country bar, and are subject tothe Minnesota Rules of Professional Conduct. Professional privileges apply to all foreign lawyers.

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsFor the following jurisdiction, the followingcommitments apply: New Jersey12

1) None

2) None



1) None

2) None

3) None

4) None

a) Practice ofinternational law:permitted to the extentincorporated inhome-country law.

b) Practice of 3rd-countrylaw: permittedprovided FLC obtainsadvice from an attorneylicenced in thatjurisdiction andidentifies that person tothe client.

c) Practice ofhost-country law:permitted providedFLC obtains advicefrom an attorneylicenced in thatjurisdiction andidentifies that person tothe client.




g) Other: n/a.


foreign legal consultant in New Jersey. Licensure is subject to meeting requirements of registration, an experience requirement (5 of the 7 years precedingregistration must have been spent practising law), meeting the professional liability insurance requirement, certification of registration and good standing withhome-country bar, and shall observe the Rules of Professional Conduct of the American Bar Association. Professional privileges apply to all foreign lawyers.

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsFor the following jurisdiction, the followingcommitments apply: New York13

1) None

2) None



1) None

2) None

3) None

4) None


b) Practice of3rd-country law:permitted, providedFLC is competent.

c) Practice ofhost-country law:permitted to practiceNY and federal lawprovided FLC relieson advice from aperson duly qualifiedand entitled to renderprofessional legaladvice on NY or USlaw. Permitted topractice law of otherUS states, providedFLC is competent.



f) Use of firm name:unrestricted.

g) Other: n/a.

13 The following information is provided for transparency purposes only. A supplier regularly providing services in the jurisdiction is required to be licenced as a foreign legal

consultant in New York. Licensure is subject to meeting requirements of registration, a minimum age of 26 years, an experience requirement (3 of the 5 years precedingregistration must have been spent practising law), certification of registration and good standing with home-country bar, meeting the professional liability insurancerequirement, and agreement to be bound by the New York Bar Code of Ethics. Professional privileges apply to all foreign lawyers.

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsFor the following jurisdiction, the followingcommitments apply: Ohio14

1) None

2) None



1) None

2) None

3) None

4) None

a) Practice ofinternational law:permitted.

b) Practice of3rd-country law:permitted if FLCobtains advice froman attorney licencedin that jurisdictionand identifies thatperson to the client.

c) Practice ofhost-country law:permitted if FLCobtains advice froman attorney licencedin that jurisdictionand identifies thatperson to the client.

d) Association with locallawyers: partnershipwith local lawyers notpermitted.



g) Other: n/a.


foreign legal consultant in Ohio. Licensure is subject to meeting requirements of registration, a minimum age of 21 years, an experience requirement (4 of the 6years preceding registration must have been spent practising law), certification of registration and good standing with home-country bar, meeting theprofessional liability insurance requirement, and being subject to the Ohio Code of Professional Responsibility and the disciplinary procedural rules set forth inGov. Bar R.V. Professional privileges apply to all foreign lawyers.

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsFor the following jurisdiction, the followingcommitments apply: Oregon15

1) None

2) None

3) None


1) None

2) None

3) None

4) None

a) Practice ofinternational law:permitted to the extentincorporated inhome-country law.

b) Practice of 3rd-countrylaw: permitted if FLCobtains advice from anattorney licenced inthat jurisdiction andidentifies that person tothe client.

c) Practice ofhost-country law:permitted if FLCobtains advice from anattorney licenced inthat jurisdiction andidentifies that person tothe client.

d) Association with locallawyers: partnershipwith local lawyerpermitted.

e) Employment of locallawyers: permitted


g) Other: n/a.


legal consultant in Oregon. Licensure is subject to meeting requirements of registration, a minimum age of 18 years, an experience requirement (5 of the 7 yearspreceding registration must have been spent practising law), and certification of registration and good standing with home-country bar, meeting the professional liabilityinsurance requirement, and agreement to comply with ORS Chapter 9, the Oregon Code of Professional Responsibility and the Oregon State Bar's Rules of Procedure.Professional privileges apply to all foreign lawyers.

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsFor the following jurisdiction, the followingcommitments apply: Texas16

1) None

2) None

3) None


1) None

2) None









g) Other: n/a.


foreign legal consultant in Texas. Licensure is subject to meeting requirements of registration, a minimum age of 26 years, an experience requirement (5 of the 7years preceding registration must have been spent practising law), meeting the professional liability insurance requirement, certification of registration and goodstanding with home-country bar, and taking an oath to abide by the State Bar Act, the State Bar Rules, and the Texas Disciplinary Rules of Professional Conduct.Professional privileges apply to all foreign lawyers.

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsFor the following jurisdiction, the followingcommitments apply: Washington17

1) None

2) None

3) None


1) None

2) None

3) In-state residency required at time admitted

4) In-state residency required at time admitted







g) Other: n/a.


foreign legal consultant in Washington. Licensure is subject to meeting requirements of registration, an experience requirement (5 of the 7 years precedingregistration must have been spent practising law), and certification of registration and good standing with home-country bar, and agreement to be bound by theDiscipline Rules for Lawyers and the Rules of Professional Conduct. Professional privileges apply to all foreign lawyers.

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsFor the following jurisdiction, the followingcommitments apply: Other States

1) None

2) None

3) Unbound for Alabama, Arizona, Arkansas,Colorado, Delaware, Idaho, Indiana, Iowa, Kansas,Kentucky, Louisiana, Maine, Maryland,Massachusetts, Mississippi, Missouri, Montana,Nebraska, Nevada, New Hampshire, New Mexico,North Carolina, North Dakota, Oklahoma,Pennsylvania, Rhode Island, South Carolina, SouthDakota, Tennessee, Utah, Vermont, Virginia, WestVirginia, Wisconsin, Wyoming.

4) Unbound for Alabama, Arizona, Arkansas,Colorado, Delaware, Idaho, Indiana, Iowa, Kansas,Kentucky, Louisiana, Maine, Maryland,Massachusetts, Mississippi, Missouri, Montana,Nebraska, Nevada, New Hampshire, New Mexico,North Carolina, North Dakota, Oklahoma,Pennsylvania, Rhode Island, South Carolina, SouthDakota, Tennessee, Utah, Vermont, Virginia, WestVirginia, Wisconsin, Wyoming.

1) None

2) None

3) None

4) None

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsb) Accounting, Auditing

and BookkeepingServices

1) None

2) None

3) Sole proprietorships or partnerships are limited topersons licenced as accountants, except in Iowawhere accounting firms must incorporate

4) Unbound, except as indicated in the horizontalsection. In addition, an in-state office must bemaintained for licensure in: Arkansas, Connecticut,Iowa, Kansas, Kentucky, Michigan, Minnesota,Nebraska, New Hampshire, New Mexico, Ohio,Vermont, and Wyoming.

US citizenship is required for licensure in NorthCarolina.

1) None

2) None

3) None

4) In-state residency is required forlicensure in: Arizona, Arkansas,Connecticut, District of Columbia,Idaho, Indiana, Iowa, Kansas, Kentucky,Louisiana, Maine, Michigan, Minnesota,Mississippi, Missouri, Nebraska, NewHampshire, New Mexico, NorthCarolina, North Dakota, Ohio,Oklahoma, Rhode Island, SouthCarolina, Tennessee, and West Virginia.

c) Taxation Services 1) None

2) None

3) None


1) None

2) None

3) None

4) None

d) Architectural Services 1) None

2) None

3) Two-thirds of the officers, partners, and/or directorsof an architectural firm in Michigan must belicenced in Michigan as architects, professionalengineers and/or land surveyors.


1) None

2) None

3) None

4) None

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentse) Engineering Services

f) Integrated EngineeringServices

1) None

2) None

3) None

4) Unbound, except as indicated in the horizontalsection. In addition, US citizenship is required forlicensure in the District of Columbia.

1) None

2) None

3) None

4) In-state residency is required forlicensure in: Idaho, Iowa, Kansas,Maine, Mississippi, Nevada, Oklahoma,South Carolina, South Dakota,Tennessee, Texas, and West Virginia.

g) Urban Planning &Landscape Services

1) None

2) None

3) Two-thirds of the officers, partners, and/or directorsof an architectural firm in Michigan must belicenced in Michigan as architects, professionalengineers and/or land surveyors

4) Unbound, except as indicated in the horizontal section.

1) None

2) None

3) None

4) None

B. COMPUTER ANDRELATED SERVICES(MTN.GNS/W/120a) - e), except airlinecomputer reservationsystems)

1) None

2) None

3) None


1) None

2) None

3) None

4) None

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsD. REAL ESTATE

SERVICES1) None

2) None

3) None

4) Unbound, except as indicated in the horizontalsection. In addition, US citizenship is required forlicensure as a real estate broker in: Mississippi andNew York.

1) Corporations that own real estate inFlorida must maintain an office andregistered agent in Florida

2) None

3) None

4) In-state residency or US citizenship isrequired for licensure as a real estatebroker in South Dakota

E. RENTAL/LEASINGSERVICES WITHOUTOPERATORS:

c) Relating to Other transport Equipment

d) Relating to Other Machinery and Equipment

e) Other (except Harbour Dredges)

1) None

2) None

3) None


1) None

2) None

3) None

4) None

F. OTHER BUSINESS SERVICES

a) Advertising (except aerial advertising and skywriting)

1) None

2) None

3) None


1) None

2) None

3) None

4) None

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsb) Market Research and

Public Opinion Polling1) None

2) None

3) None


1) None

2) None

3) None

4) None

c) ManagementConsulting

1) None

2) None

3) None


1) None

2) None

3) None

4) None

d) Services Related toManagementConsulting

1) None

2) None

3) None


1) None

2) None

3) None

4) None

f) Services Incidental toAgriculture, Huntingand Forestry (exceptprovision of agriculturalmachinery with driversand crew, harvestingand related services,services of farm labourcontractors, and aerialfire fighting)

1) None

2) None

3) None


1) None

2) None

3) None

4) None

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsg) Services Incidental to

Fishing1) None

2) None

3) None


1) None

2) None

3) None

4) None

h) Services Incidental to Mining

1) None

2) None

3) None


1) None

2) None

3) None

4) None

j) Services Incidental to Energy Distribution

1) None

2) None

3) None


1) None

2) None

3) None

4) None

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsk) Placement and Supply

Services of Personnel1) None

2) None

3) US citizenship is required for ownership of employment agencies in Arkansas.

4) Unbound, except as indicated in the horizontalsection. In addition, US citizenship is required forlicensure as an employment agent, employmentagency counsellor and employment agencymanager in Arkansas.

1) None

2) None

3) None

4) None

l) Investigation and Security Services

1) None

2) None

3) Permanent resident alien status or US citizenship isrequired to own contract security companies inMaine

4) Unbound, except as indicated in the horizontalsection. In addition, permanent resident alien statusor US citizenship is required for privateinvestigators and security guards in: Maine andNew York.

1) None

2) None

3) None

4) In-state residency is required for privatedetectives in Michigan

m) Related Scientific &Technical Consulting(except land surveyingfor the purpose ofestablishing legalboundaries, aerialsurveying and aerialmap-making)

1) None

2) None

3) None


1) None18

2) None18

3) None18

4) None

18 For those functions where an engineering degree is required, the US limitations on engineering also apply.

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsn) Maintenance & Repair of

Equipment (exceptmaritime vessels,aircraft, and othertransport equipment)

1) None

2) None

3) None


1) None

2) None

3) None

4) None

o) Building-Cleaning Services

1) Unbound*

2) None

3) None


1) Unbound*

2) None

3) None

4) None

p) Photographic Services (except aerial photographic services)

1) None

2) None

3) None


1) None

2) None

3) None

4) None

q) Packaging Services 1) None

2) None

3) None


1) None

2) None

3) None

4) None

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsr) Publishing (Only part

of MTN.GNS/W/120category: "r) Printing,Publishing")

1) None

2) None

3) A single company or firm is not permitted to owna combination of newspaper, radio and/or TVbroadcast stations serving the same local market


1) None

2) None

3) None

4) None

s) Convention Services 1) None

2) None

3) None


1) None

2) Unbound with respect to tax deductions

3) None

4) None

2. COMMUNICATION SERVICES

B. LAND-BASED COURIER SERVICES

(except courier servicesinvolving any prior orsubsequent movement byair)

1) None

2) None

3) None


1) None

2) None

3) None

4) None

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsC. TELECOMMUNICA-

TIONSEnhancedTelecommunicationsServices, as defined bythe US FederalCommunicationsCommission in Section64.702 of theCommission's Rules andRegulations: services,offered over commoncarrier transmissionfacilities (i.e., publictelecommunicationstransport services) whichemploy computerprocessing applicationsthat:

1) None

2) None

3) None


1) None

2) None

3) None

4) None

i) act on the format,content code, protocol orsimilar aspects of thesubscriber's transmittedinformation; or

ii) provide the subscriberadditional, different, orrestructured information;or

iii) involve subscriberinteraction with storedinformation.

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsIncludes the following:

h) Electronic Maili) Voice Mailj) On-line Information and

Data Base Retrievalk) Electronic Data

Interchangel) Enhanced/Value-added

Facsimile Services(including store andforward, store andretrieve)

m) Code and ProtocolConversion

n) On-line Informationand/or Data Processing(including transactionprocessing)

o) Other

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2.C. TELECOMMUNICA-TIONS SERVICES*:

2.C.a. Voice services

2.C.b. Packet-switched datatransmission services

2.C.c. Circuit-switched datatransmission services

2.C.d. Telex services

2.C.e. Telegraph services

2.C.f. Facsimile services

2.C.g. Private leased circuitservices

2.C.o. Other

Mobile ServicesAnalogue/Digital cellularservicesPCS (Personal Communications services)Paging servicesMobile data services

*Excluding one-waysatellite transmissions ofDTH and DBS televisionservices and of digitalaudio services

(1) None

(2) None

(3) None, other than

- Comsat has exclusive rights to links withIntelsat and Inmarsat.

- Ownership of a common carrier radio license:

Indirect: None

Direct: May not be granted to or held by

(a) foreign government or the representativethereof

(b) non-U.S. citizen or the representative of anynon-U.S. citizen

(c) any corporation not organized under the lawsof the United States or

(d) U.S. corporation of which more than 20% ofthe capital stock is owned or voted by aforeign government or its representative,non-U.S. citizens or their representatives or acorporation not organized under the laws ofthe United States

(4) Unbound except as indicated by horizontalcommitments

(1) None

(2) None

(3) None

(4) Unbound except as indicated by horizontal commitments.

The United States undertakesthe obligations contained inthe reference paper attachedhereto.

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsD. AUDIOVISUAL

SERVICES

a) Motion Picture & Video Tape Production & Distribution Services

1) None

2) None

3) None


1) Grants from the National Endowment forthe Arts are only available for:individuals with US citizenship orpermanent resident alien status, andnon-profit companies.

2) None

3) Grants from the National Endowment forthe Arts are only available for:individuals with US citizenship orpermanent resident alien status, andnon-profit companies.

4) None

b) Motion Picture Projection Service

1) None

2) None

3) None


1) None

2) None

3) None

4) None

c) Radio & Television Services

1) None

2) None

3) None


1) None

2) None

3) None

4) None

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsd) Radio and Television

Transmission Services1) None

2) None

3) A single company or firm is prohibited fromowning a combination of newspapers, radio and/orTV broadcast stations serving the same localmarket.

1) None

2) None

3) None

Radio and television licences may not be held by: aforeign government; a corporation chartered underthe law of a foreign country or which has a non-UScitizen as an officer or director or more than 20 percent of the capital stock of which is owned or votedby non-US citizens; a corporation chartered underthe laws of the United States that is directly orindirectly controlled by a corporation more than 25per cent of whose capital stock is owned by non-UScitizens or a foreign government or a corporation ofwhich any officer or more than 25 per cent of thedirectors are non-US citizens.

4) Unbound, except as indicated in the horizontalsection. In addition, US citizenship is required toobtain radio and television licences.

4) None

e) Sound Recording 1) None

2) None

3) None


1) None

2) None

3) None

4) None

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsf) Other Audiovisual

Services1) None

2) None

3) None


1) None

2) None

3) None

4) None

3. CONSTRUCTION &RELATEDENGINEERINGSERVICES - (exceptMarine Dredging)

1) Unbound*

2) None

3) None

4) Unbound, except as indicated in the horizontalsection. In addition, an in-state office must bemaintained by all contractors in Michigan.

1) Unbound*

2) None

3) None

4) None

4. DISTRIBUTIONSERVICES

A. COMMISSIONAGENTS' SERVICES

1) None

2) None

3) None


1) None

2) None

3) None

4) None

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsB. WHOLESALE TRADE

(except wholesale tradeof alcoholic beverages,firearms and militaryequipment)

1) None

2) None

3) None


1) None

2) None

3) None

4) None

B. WHOLESALE TRADEof alcoholic beverages

1) Unbound

2) Unbound

3) Unbound


1) None

2) None

3) None

4) None

C. RETAILING (exceptretail sale of alcoholicbeverages, firearms andmilitary equipment)

1) None

2) None

3) None


1) None

2) None

3) None

4) None

D. FRANCHISING 1) None

2) None

3) None


1) None

2) None

3) None

4) None

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitments5. EDUCATIONAL

SERVICESD. Adult Education (except

flying instruction) 1) None

2) None

3) The number of licences for cosmetology schools inKentucky is limited to 48 total licences, with a totalof 8 licences allowed for operation of such schoolsper congressional district


1), 2), 3), 4) Scholarships and grantsmay be limited to US citizens and/orresidents of particular states and may, insome cases, only be used at certain statesinstitutions or within certain USjurisdictions.

E. Other EducationServices

1) None

2) None

3) None


1), 2), 3), 4) Scholarships and grantsmay be limited to US citizens and/orresidents of particular states and may, insome cases, only be used at certain statesinstitutions or within certain USjurisdictions.

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitments6. ENVIRONMENTAL

SERVICES19,20

A. Sewage Services(contracted by privateindustry)

1) None

2) None

3) None


1) None

2) None

3) None

4) None

B. Refuse DisposalServices (contracted byprivate industry)

1) None

2) None

3) None


1) None

2) None

3) None

4) None

C. Sanitation and SimilarServices

1) None

2) None

3) None


1) None

2) None

3) None

4) None

19 In each of the following subsectors, US commitments are limited to the following activities: implementation and installation of new or existing systems for environmental

cleanup, remediation, prevention and monitoring; implementation of environmental quality control and pollution reduction services; maintenance and repair ofenvironment-related systems and facilities not already covered by the US commitments on maintenance and repair of equipment; on-site environmental investigation,evaluation, monitoring; sample collection services; training on site or at the facility; consulting related to these areas.

20 Nothing in this offer related to transportation should be construed to supersede the existing US commitments on transportation or related MFN exemptions.

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsD. Other (Cleaning services

of exhaust gases; Noiseabatement services;Nature and landscapeprotection services;Other environmentalservices, n.e.c.)

1) None

2) None

3) None


1) None

2) None

3) None

4) None

7. FINANCIAL SERVICES

A. INSURANCE:

1. Commitments in this subsector are undertaken in accordance with the Understanding on Commitments in Financial Services (the "Understanding"), subject tothe limitations and conditions set forth in these headnotes and the schedule below.

2. The market access commitments in this subsector in respect of mode (1), as described in paragraph 2(a) of Article I of the Agreement, are limited to theservices indicated in paragraphs B.3(a) and B.3(b) of the market access section of the Understanding. The market access commitments in this subsector inrespect of mode (2), as described in paragraph 2(b) of Article I of the Agreement, are limited to the services indicated in paragraphs B.4(a) and B.4(b) of themarket access section of the Understanding. It is understood that paragraph B.4 of the Understanding does not require that non-resident financial servicesuppliers be permitted to solicit business, and no commitment to such solicitation is undertaken.

3. National treatment commitments in this subsector are subject to the following limitation: national treatment with respect to services and service suppliers willbe provided according to a non-U.S. service supplier's state of domicile, where applicable, in the United States. State of domicile is defined by individualstates, and is generally the state in which an insurer either is incorporated, is organized or maintains its principal office in the United States.

4. Commitments in this sector do not cover measures set out in the entry applicable to "Insurance" in the United States list of exemptions from Article II.

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Direct Insurance

a) Life, Accident, andHealth InsuranceServices (exceptworkers compensationinsurance)

b) Non-Life InsuranceServices

1) Government-owned or government- controlledinsurance companies, whether US or foreign, arenot authorized to conduct business in: Alabama,Alaska, Arkansas, California, Colorado,Connecticut, Delaware, Georgia, Hawaii, Idaho,Kansas, Kentucky, Maine, Maryland, Montana,Nevada, New Jersey (only with respect to surpluslines), New York (non-life companies areauthorized; life and health companies are not),North Carolina, North Dakota, Oklahoma,Oregon, Pennsylvania, Rhode Island, SouthDakota, Tennessee, Washington, West Virginia,Wyoming.

1) A one per cent federal excise tax isimposed on all life insurance premiumsand a four per cent federal excise tax isimposed on all non-life insurancepremiums covering US risks that arepaid to companies not incorporatedunder US law, except for premiumsthat are earned by such companiesthrough an office or dependent agent inthe United States.

When more than 50 per cent of thevalue of a maritime vessel whose hullwas built under federally guaranteedmortgage funds is insured by a non-USinsurer, the insured must demonstratethat the risk was substantially firstoffered in the US market.

The United States undertakesthe obligations contained inAdditional CommitmentsPaper I attached hereto.

2) None

3) Government-owned or government controlledinsurance companies, whether US or foreign, arenot authorized to conduct business in: Alabama,Alaska, Arkansas, California, Colorado,Connecticut, Delaware, Georgia, Hawaii, Idaho,Kansas, Kentucky, Maine, Maryland, Montana,Nevada, New Jersey (only with respect to surpluslines), New York (non-life companies areauthorized; life and health companies are notauthorized), North Carolina, North Dakota,Oklahoma, Oregon, Pennsylvania, Rhode Island,South Dakota, Tennessee, Washington, WestVirginia, Wyoming.

2) None

3) None

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Branches are not permitted to provide surety bondsfor US federal government contracts.

The following states have no mechanism forlicensing initial entry of a non-US insurancecompany as a subsidiary, unless that company isalready licensed in some other US state: Minnesota,Mississippi, and Tennessee.

The following states have no mechanism forlicensing initial entry of a non-US insurancecompany as a branch, unless that company isalready licensed in some other US state: Arkansas,Arizona, Connecticut, Georgia, Hawaii, Kansas,Maryland, Minnesota, Nebraska, New Jersey, NorthCarolina, Pennsylvania, Tennessee, Utah, Vermont,Wyoming, West Virginia.

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US citizenship is required for members of the boardof directors of locally established and licensedcompanies in the following states and in thefollowing shares or numbers: 100 per cent requiredin Louisiana; three-quarters in Washington (mutuallife companies with the majority of the board beingresident in the state); two-thirds required inOklahoma (for stock and mutual companies) andPennsylvania; a majority required in California (formutual insurers operating as authorized insurersonly in the state of California), Florida (for stockand mutual insurers), Georgia (for stock and mutualinsurers with one fourth resident in the state), Idaho(for stock and mutual insurers), Indiana, Kentucky,Mississippi, Ohio (for legal reserve life insurers),Oregon, New York, South Dakota (except if morethan 1000 persons are entitled to vote for the boardof directors and a majority of the voters resideoutside the state, or less than one per cent of theshares are owned by state residents), Wyoming (foran insurer operating as an authorized insurer only inWyoming); seven in Tennessee (for mutual lifeinsurance companies; three resident in Illinois (forstock, mutual, or legal reserve insurers) andMissouri (life and accident).

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US citizenship for incorporators of insurancecompanies is required in the following states and inthe following percentages or numbers: 100 per centin Hawaii, Idaho (for stock or mutual insurer),Indiana, South Dakota and Washington; two-thirdsin Arizona (for stock and mutual insurers),two-thirds resident in Georgia (for stock and mutualinsurers); a majority in Alaska, Florida (for stockand mutual insurers), Arkansas (majority formutuals or stock), Kansas (all life insurancecompanies and mutual insurers other than life),Kentucky (for mutual or stock insurers); Maine(life, health, and accident and mutual aid assoc withstate residency for mutuals), Missouri (minimum 13with overall majority resident in the state),Montana (stock or mutual insurers), Texas (life,health, accident and mutual aid assoc with stateresidency for mutuals), Wyoming (for reserve stockand mutual insurers).

State residency is required in the following statesfor the organizing members of the following typesof mutual insurance companies: Arkansas (mutualsand farm mutual insurers), California (countymutual fire insurer); Idaho (all mutuals); Kansas (allmutuals); North Dakota (all mutuals), Minnesota(township mutuals, farmers mutual fire insurancecompanies); Mississippi (all mutuals); Montana(farm mutual insurer); Vermont (fire cooperatives);Wyoming (farm mutual insurer).

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Seven or more US citizens, a majority of whom areresidents of the state, may organize a fraternalbenefit society in the following states: Alaska,Arizona (requires 10 or more US citizens, amajority of whom are citizens of the state),Arkansas, California, Delaware, Florida, Hawaii,Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky,Maine, Maryland, Michigan, Minnesota,Mississippi, Missouri, Montana, Nebraska, NewJersey, North Dakota, Oklahoma (requires 10 ormore US citizens, a majority of whom are residentsof the state), Oregon, Pennsylvania, South Dakota,Virginia, Vermont, Washington, West Virginia andWyoming.

Twenty-five or more persons domiciled in the statemay organize a domestic reciprocal insurer in:Arizona, Arkansas, California, Delaware, Georgia,Idaho, Indiana, Kentucky, Maine, Maryland,Mississippi, Montana, Pennsylvania, South Dakota,Tennessee, Vermont, Virginia, Washington andWyoming.



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c) Reinsurance andretrocession

1) Government-owned or government- controlledinsurance companies, whether US or foreign, arenot authorized to conduct business in: Alabama,Alaska, Arkansas, Colorado, Connecticut,Delaware, Georgia, Hawaii, Idaho, Kansas,Kentucky, Maine, Maryland, Montana, Nevada,New York (non-life companies are authorized; lifeand health companies are not), North Carolina,North Dakota, Oklahoma, Oregon, Pennsylvania,Rhode Island, South Dakota, Tennessee,Washington, West Virginia, Wyoming.

1) A one per cent federal excise tax isimposed on all premiums covering USrisks that are paid to companies notincorporated under US law, except forpremiums that are earned by suchcompanies through an office ordependent agent in the United States.

In Texas, total direct reinsurance ofmutual life insurance companies maynot be entered into with non-UScompanies.

Insurance companies incorporated in Nevada maypurchase reinsurance only from an insureradmitted to Nevada. All insurers writing workers'compensation insurance in Minnesota mustpurchase reinsurance from the MinnesotaWorkers' Compensation Reinsurance Authority.Unbound for Maine for the provision ofreinsurance for workers' compensation.

2) Insurance companies incorporated in Nevada maypurchase reinsurance only from an insureradmitted to Nevada. All insurers writing workers'compensation insurance in Minnesota mustpurchase reinsurance from the MinnesotaWorkers' Compensation Reinsurance Authority.Unbound for Maine for the provision ofreinsurance for workers' compensation.

2) None

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3) Government-owned or government- controlledinsurance companies, whether US or foreign, arenot authorized to conduct business in: Alabama,Alaska, Arkansas, Colorado, Connecticut,Delaware, Georgia, Hawaii, Idaho, Kansas,Kentucky, Maine, Maryland, Montana, Nevada,New York (non-life companies are authorized; lifeand health companies are not), North Carolina,North Dakota, Oklahoma, Oregon, Pennsylvania,Rhode Island, South Dakota, Tennessee,Washington, West Virginia, Wyoming.

The following states have no mechanism forlicensing initial entry of a non-US insurancecompany as a subsidiary, unless that company isalready licensed in some other US state:Maryland, Minnesota, Mississippi, andTennessee. After a license is obtained in someother US state, licensing and entry into the stateslisted above is permitted.

3) None

The following states have no mechanism forlicensing initial entry of a non-US insurancecompany as a branch, unless that company isalready licensed in some other US state:Arkansas, Arizona, Connecticut, Georgia, Kansas,Maryland, Minnesota, Nebraska, New Jersey,North Carolina, Pennsylvania, Tennessee, Utah,Vermont, Wyoming, West Virginia. After alicense is obtained in some other US state,licensing and entry into the states listed above ispermitted.



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d) Services Auxiliary toInsurance:

(applicable to sub-sectorsi), ii) and iii) below)

1), 3) Nonresident licenses are not issued toindividuals not licensed in another US state inArkansas (agents, brokers, adjusters, consultants),Connecticut (producers/adjusters/appraisers/consultants/ brokers/reinsurance intermediary),Colorado (producer, adjuster and reinsuranceintermediary), California (agents/brokers),Delaware (broker/agent/reinsurance intermediary),Georgia (counsellor/adjuster), Florida(agent/broker), Hawaii, Illinois (producers/adjusters/reinsurance intermediaries), Indiana(agent/broker), Kansas (agent/ broker), Kentucky(agent/broker), Louisiana (agent/broker), Maine(agent/ broker), Maryland (agent/broker/reinsurance agent/reinsurance broker), Mississippi(agent/broker), Missouri (brokers), Montana(producer's license/agent/broker), Nevada (solicitor/adjuster/property bondsman/bail solicitor), NewJersey (producer's agent/broker), New Mexico(bailbondsmen/solicitors/broker agent), NorthDakota (agents/brokers)Nebraska (producer's license/agent/ broker), NewYork (reinsurance intermediary), North Carolina(reinsurance intermediary), Oregon(agent/adjuster/consultant/reinsurance intermediary), Pennsylvania(adjuster/solicitor), South Dakota (agent), Virginia(agents/brokers/consultants), West Virginia(broker/reinsurance intermediary) and Texas(agent/broker), Washington (agent/broker).

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i) Brokerage Services21 1), 3) Brokerage licenses are not issued to non-residentsin: South Dakota, Wyoming.

Brokerage licenses are issued to non-residents foronly certain lines of insurance in: Alabama (allexcept life, accident & health), Arkansas(property, casualty, surety & marine), California,Louisiana (property & casualty), New Mexico(property & casualty).

All states require in-state residency for surpluslines brokers.

2) None

4) Unbound, except as indicated in the horizontalsection.

1), 3) Higher license fees for non-residentsmay be charged in: Alaska, Arizona,Arkansas, California, Colorado, Georgia,Indiana, Louisiana, Maine,Massachusetts, Montana, Nebraska,Nevada, New Hampshire, New Mexico,North Carolina, North Dakota, Ohio,Oklahoma, Pennsylvania, Rhode Island,South Carolina, Utah, Vermont.

2) None


ii) Agency Services 1), 3) Agency licenses are issued to non-residents for allor only certain lines of insurance in: California,Florida (general lines, life & health), Kansas,Kentucky (general lines, life & health), Louisiana(life & health), New Mexico (life & health), Ohio(life & casualty), Oregon, Rhode Island (allexcept general lines), Texas.

All states require in-state residency for surpluslines agents.

2) None

4) Unbound, except as indicated in the horizontalsection.

1), 3) Higher license fees for non-residentsmay be charged in: Alaska, Arkansas,California, Colorado, Florida, Indiana,Iowa, Kansas, Kentucky, Louisiana,Maine, Massachusetts, Mississippi,Montana, Nebraska, Nevada, NewHampshire, New Jersey, New Mexico,North Dakota, Oklahoma, Pennsylvania,Rhode Island, South Carolina, SouthDakota, Tennessee, Utah, Vermont,Wisconsin, Wyoming.

2) None


21 For transparency purposes, it should be noted that brokerage firms can generally offer services in most states by obtaining licenses as "brokers" and in other states by obtaining licenses

to operate as "agents". Brokerage licenses are not issued in Florida, Iowa, Kentucky, Michigan, Minnesota, Mississippi, Oregon, Tennessee, Texas, Virginia, West Virginia, Wisconsin.

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iii) Consultancy, Actuarial,Risk Assessment, andClaim SettlementServices

1), 3) Licenses are not issued tononresidents in: Alabama (adjuster, solicitor,service representative), California (adjuster,insurance analyst, motor club agents, bailbondsman), Florida (customer representative),Georgia (counsellor, adjuster), Hawaii (adjuster,solicitor), Idaho (solicitor), Indiana (bailbondsmen), Kentucky (adjuster), Maryland(adjuster), Michigan (adjuster), Montana (adjuster),Nevada (solicitor, adjuster, property bondsman),New Mexico (solicitor), North Carolina (limitedrepresentatives, adjusters, motor vehicle damageappraisers, professional bondsmen, runners),Oklahoma (bail license), Oregon, Pennsylvania(motor vehicle damage appraiser), Washington(solicitor, adjuster), West Virginia (adjuster,solicitor), and Wyoming (adjuster, solicitor).

1), 3)None

In-state residency is required for licensure in:California (for adjusters; and for life and disabilityinsurance analysts), Georgia (for inspection whennot accompanied by a licensed resident adjuster),Illinois (for non-resident public adjusters who arelicensed in a state which does not permit equaltreatment to Illinois residents), Maryland,Mississippi (for independent adjusters), and Nevada(for appraisers and adjusters).

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US citizenship is required for licensure in:Alabama (for agents, brokers, solicitors, managinggeneral agents and service representatives), Idaho(for agents, brokers, solicitors and surplus linesbrokers), Missouri (for brokers), Nebraska (forbrokers), New Mexico (for solicitors andbailbondsmen), Ohio (for surplus lines brokers) andOklahoma (for bail license).

2) None


2) None


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B. FINANCIAL SERVICES (LIMITED TO BANKING AND OTHER FINANCIAL SERVICES AND EXCLUDING INSURANCE):

1. Commitments in these subsectors are undertaken in accordance with the Understanding on Commitments in Financial Services (the "Understanding"), subjectto the limitations and conditions set forth in these headnotes and the schedule below.

2. The market access commitments in these subsectors in respect of modes (1) and (2), as described in paragraphs 2(a) and (b) of Article I of the Agreement, arelimited to the services indicated in paragraphs B.3(c) and B.4(c) of the market access section of the Understanding, respectively. It is understood that paragraphB.4 of the Understanding does not require that non-resident financial service suppliers be permitted to solicit business, and no commitment to such solicitationis undertaken.

3. National treatment commitments in these subsectors are subject to the following limitation: National treatment will be provided based upon the foreign bank's"home state" in the United States, as that term is defined under the International Banking Act, where that Act is applicable. A domestic bank subsidiary of aforeign firm will have its own "home state" and national treatment will be provided based upon the subsidiary's home state, as determined under applicablelaw.22

4. Service suppliers choosing to supply a service through a juridical person constituted under the laws of the United States are subject to non-discriminatorylimitations on juridical form.23

5. The offer of new financial services or products is subject, on a non-discriminatory basis, to relevant institutional and juridical form requirements.

22 Foreign banking organizations are generally subject to geographic and other limitations in the United States on a national treatment basis. Where such limitations do not conform to

national treatment, they have been reserved as market access restrictions. For purposes of illustration, under this approach, the following situation does not accord national treatmentand would therefore be scheduled as a limitation: a foreign bank from a particular home state is accorded less favourable treatment than that accorded to a domestic bank from that statewith respect to expansion by branching.

23 For example, partnerships and sole proprietorships are generally not acceptable juridical forms for depository financial institutions in the United States.

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All Subsectors, except asspecifically provided below

1),2),3) Michigan limits, according to the country oftheir home charters, the banks in which corporatecredit unions may place deposits.

1) None

2) None

The United States undertakesthe obligations contained inAdditional CommitmentsPaper II attached hereto.

3) All directors of a national bank must be U.S.citizens unless a national bank is an affiliate orsubsidiary of a foreign bank, in which case only amajority of the board need be U.S. citizens.

Foreign ownership of Edge corporations is limitedto foreign banks and US subsidiaries of foreignbanks, while domestic non-bank firms may ownsuch corporations.

Federal and state law do not permit a credit union,savings bank, home loan or thrift business in theUnited States to be provided through branches ofcorporations organized under a foreign country'slaw.

In order to accept or maintain domestic retaildeposits of less than $100,000, a foreign bank mustestablish an insured banking subsidiary. Thisrequirement does not apply to a foreign bankbranch that was engaged in insured deposit-takingactivities on December 19, 1991.

3) Foreign banks are required to registerunder the Investment Advisers Act of1940 to engage in securities advisory andinvestment management services in theUnited States, while domestic banks areexempt from registration. Theregistration requirement involves recordmaintenance, inspections, submission ofreports and payment of a fee.

Foreign banks cannot be members of theFederal Reserve System, and thus maynot vote for directors of a FederalReserve Bank. Foreign-owned banksubsidiaries are not subject to thismeasure.

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Unbound with respect to paragraph 2(e) of ArticleXVI of the Agreement, and paragraphs A, B.5 andB.6 of the Understanding in relation to theexpansion, via the establishment of a branch or theacquisition of one or more branches of a bankwithout acquisition of the entire bank, by a foreignbank into another state from its "home state" as thatterm is defined under applicable law. Except asspecifically set forth elsewhere in this schedule,such expansion shall be provided on a nationaltreatment basis in accordance with headnote 3.

Interstate expansion by a foreign bank through theestablishment of branches by merger with a banklocated outside the "home state" as that term isdefined under applicable law, of a foreign bank isprohibited where Montana or Texas is the homestate of the foreign bank or is the state where thebank is located that is to be merged into the foreignbank, resulting in the establishment of branches.Except as specifically set forth elsewhere in thisschedule, such expansion shall be provided on anational treatment basis in accordance withheadnote 3.

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Unbound for initial entry by establishment oracquisition of state-chartered banks orstate-licensed offices of foreign banks as indicatedin the following forms: California (branch; alsosavings and loan association); Connecticut (bank orholding company; also credit union); Georgia(agency); Illinois (branch); Kentucky (subsidiary);Louisiana (agency); Massachusetts (subsidiary orbranch); Michigan (agency); North Carolina(subsidiary, branch, agency, or representativeoffice); Pennsylvania (any deposit-taking orrepresentative bank office); Washington (branch,agency, or representative office). The limitations inthis paragraph do not apply to initial establishmentor acquisition of a national bank subsidiary by aforeign person or establishment of a federal branchor agency by a foreign bank that does not alreadyhave a banking presence in the United States, orgenerally to interstate expansion. Such limitationsmay apply to interstate expansion throughstate-licensed limited branches, agencies, orrepresentative offices.24

24 The limitations in this paragraph reflect state reciprocity measures.

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The following states are unbound for the specifiedactivities: Indiana (establishment of service officesby foreign-owned credit unions); Iowa (activities offoreign-owned savings and loan associations;foreign-owned bank or trust company acting asfiduciary; use of satellite banking terminals).25

Initial entry or expansion by a foreign person (butnot a domestic person) through acquisition orestablishment of a state-chartered commercial banksubsidiary is prohibited or otherwise limited in thefollowing states: Alabama; Arizona; Arkansas;California (limit on foreign non-bank ownership ofinternational banking corporation); Colorado;Delaware; Indiana; Kansas; Louisiana; Maryland;Michigan; Minnesota; Mississippi; Montana;Nebraska; Nevada; North Carolina; North Dakota;Oklahoma; Oregon; Pennsylvania; South Carolina;Tennessee; Vermont; Virginia; Washington; WestVirginia; Wisconsin; Wyoming. The limitations inthis paragraph do not apply to establishment oracquisition of a national bank subsidiary by aforeign person that does not already have a bankingpresence in the United States.

The following states limit initial entry or expansionby a foreign person through acquisition orestablishment of the following entities: Delaware(savings and loan associations; savings banks);Ohio (savings and loan associations; savings banks;credit unions); Tennessee (savings and loanassociations; savings banks; credit unions; trustcompanies); Washington (savings and loanassociations; savings banks; credit unions; trustcompanies).

25 The limitations in this paragraph reflect state reciprocity measures.

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The boards of directors of depository financialinstitutions organized under the following states'laws are subject to U.S. citizenship requirements ofup to the specified proportions: Alabama (all);Colorado (3/4); District of Columbia (all); Florida(majority); Georgia (all); Indiana (3/4); Iowa(majority); Kentucky (all); Louisiana (majority);Massachusetts (majority); Mississippi (all);Missouri (all); New Hampshire (majority); NewJersey (all); New Mexico (3/4); New York (all;applies also to trustees of mutual savings bank orsavings and loan associations, and to committeesof credit unions); North Carolina (3/4); NorthDakota (majority); Pennsylvania (all, but may bewaived); South Dakota (3/4); Tennessee (all);Vermont (2/3); West Virginia (majority);Wisconsin (2/3).

Texas allows pre-judgment seizure remediesand civil discovery requests to be appliedagainst foreign bank agencies, whilesubsidiaries are exempt.

The following states require direct branches oragencies of foreign banks to register undersecurities broker-dealer or investment advisermeasures, while bank subsidiaries of foreignbanks are exempt from such registration to thesame extent as domestic banks incorporated inthe state: Alabama; Arizona; Arkansas;California; Connecticut; Delaware; District ofColumbia; Georgia; Idaho; Iowa; Kansas;Louisiana; Maryland; Mississippi; Missouri;Nebraska; New Hampshire; New Jersey; NewMexico; New York; North Carolina; Ohio;Oklahoma; Pennsylvania; South Dakota;Tennessee; Texas; Vermont; Washington.These limitations do not apply to Federallylicensed branches or agencies.

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U.S. citizenship is also required for theincorporators or organizers of depository financialinstitutions organized under state law. Residencewithin a state may also be required for directors,incorporators, organizers, or executive committeemembers of depository financial institutionsorganized under state law.

U.S. citizenship is required to engage in specifiedactivities in the following states: Arizona(collection agency); Indiana (collection agency);Illinois (safe deposits); Nevada (collection agency).

Establishment of a branch or agency by a foreignbank is limited as specified in the following states:

• State branch license subject to certainlimitations -- California (no trust/fiduciarypowers); Hawaii (no trust/fiduciary powers);Massachusetts; Oregon; Pennsylvania; Utah(no trust/fiduciary powers); Washington(limited trust/fiduciary powers and restrictedto one office per bank). These limitations donot apply to Federal branches.

The following states require directbranches or agencies of foreign banks,but not bank subsidiaries of foreignbanks, to register or obtain licenses inorder to engage in the followingactivities: Arkansas (selling checks;mortgage transactions); California(selling payment instruments); Delaware(sale or cashing of checks, drafts, moneyorders; motor vehicle financing;transportation of money/valuables);Georgia (mortgage lending/brokerage,check selling/cashing); Indiana (moneytransmission; loan brokerage); Kansas(money transmission); Maryland (sellingpayment instruments, traveller's checks);Massachusetts (check selling/cashing;foreign transmittal agencies; motorvehicle financing; insurance premiumfinancing; retail instalmentsales/servicing; residential real estatemortgage financing -- licenserequirement applies only to agencies);North Carolina (selling checks);Oklahoma (selling checks); Pennsylvania(mortgage banking/brokerage);Tennessee (money transmission;residential lending/brokerage; industrialloan and thrift activities); Texas(currency exchange or transmission --does not apply to Texas agencies; sellingchecks); Virginia (mortgagelending/brokerage; money transmission;sale of money orders; check cashing);Wisconsin (selling checks).

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• State branch license not available, but stateagency license is available in Idaho and WestVirginia.

• No state branch or agency license available --Arizona; Arkansas; Colorado; Indiana; Iowa;Minnesota; Montana; Nebraska; New Mexico;North Dakota; Oklahoma; Rhode Island; SouthCarolina; South Dakota; Tennessee; Vermont;Virginia; Wisconsin. These limitations do notapply to Federal offices.

• Branch license not available but agencylicense is, subject to any specified limitations-- Delaware (state license limited to one officeper bank and cannot operate in a mannerlikely to result in a substantial detriment toexisting bank; no fiduciary powers); Florida(available only to a foreign bank with at least$25 million in capital or that is one of fivelargest banks in its home country); Georgia(available only to foreign bank with at least$50 million in excess of liabilities; nofiduciary and limited other powers); Louisiana(limited to parishes with more than 350,000residents); Mississippi; Missouri (no fiduciarypowers); Oklahoma (foreign bank must haveat least $25 million in capital or, inter alia, beone of five largest banks in its home country;special asset maintenance/capital equivalencyrules apply, as do other restrictions); Texas(one office only, limited to metropolitan areaswith at least 500,000 residents; limitedfiduciary powers). Certain restrictions onfiduciary powers apply to federal agencies.

The following states restrict variouscommodities transactions by foreignbank branches and agencies, but not byother depository financial institutions:Arizona; California; Idaho; Indiana;Iowa; Mississippi; Missouri; Nebraska;New Hampshire; Washington.

Offers and sales of securities to foreignbank branches and agencies in thefollowing states are subject toregistration/disclosure requirements thatdo not apply if the transaction involvesother financial institutions: Illinois;Indiana; Louisiana; Montana; Nebraska;New Jersey; North Dakota; Tennessee;Texas (applies to branches and agenciesof all foreign financial institutions).

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• No branch or state agency license available --Wyoming.

• No branch or agency license available --Alabama; Kansas; Maryland; North Dakota.

Representative offices of foreign banks are notpermitted in the following states, or are limited asspecified: Arizona; Arkansas; Colorado; Kansas;Kentucky; Michigan; Mississippi; Montana; NorthDakota; Oklahoma (foreign bank must have at least$10 million in capital or, inter alia, be one of thefive largest banks in its home country; special assetmaintenance/capital equivalency requirements mayapply); Oregon; Rhode Island; South Carolina;South Dakota; Tennessee; Vermont; Virginia;Wisconsin; Wyoming. Other states requireincorporation of representative offices.



Trading of Securities andDerivative Products andServices Related Thereto;Participation in SecuritiesIssues

1), 2), 3) Federal law prohibits the offer or sale of futurescontracts on onions, options contracts on onions,and options on futures contracts on onions in theUnited States, and services related thereto.

Unbound for the authority to act as a sole trustee ofan indenture for a bond offering in the UnitedStates.

Unbound with respect to the use of simplifiedregistration and periodic reporting forms forsecurities issued by small business corporations.


1), 2), 3) None


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Participation in Issues ofGovernment Debt Securities

1), 2) None

3) Unbound for the granting or continuation ofFederal Reserve designation as a primary dealer inUS government debt.


1), 2), 3) None


8. HEALTH RELATED &SOCIAL SERVICES

A. HOSPITAL ANDOTHER HEALTHCARE FACILITIES -Direct ownership andmanagement andoperation by contract ofsuch facilities on a "forfee" basis

1) Unbound*

2) None

3) Establishment of hospitals or other health carefacilities, procurement of specific types of medicalequipment, or provision of specific types of medicalprocedures may be subject to needs-basedquantitative limits.

1) Unbound*

2) Federal or state governmentreimbursement of medical expenses islimited to licensed, certified facilities inthe United States or in a specific USstate

3) None

In New York, corporate ownership of an operatingcorporation for, and limited partnerships as operatorsof, hospitals, nursing homes (including long termhealth care centres) or diagnostic and treatmentcentres is prohibited. If the operator has anymembers which are not natural persons or is acorporation whose shares of stock are owned byanother corporation, a New York corporation must beestablished as the operator of a licenced home careservices agency and a certified home health agency.

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsIn Michigan and New York Health MaintenanceOrganizations must be incorporated in those states.

4) Unbound except as indicated in the horizontal section

4) None

9. TOURISM ANDTRAVEL RELATEDSERVICES

A. HOTELS ANDRESTAURANTS(INCLUDINGCATERING)

1) None

2) None

3) None


1) None

2) None

3) None

4) None

B. TRAVEL AGENCIESAND TOUROPERATORS

1) None

2) None

3) Official tourism offices with diplomatic or officialstatus are not permitted to operate on a commercialbasis in the United States or to act as agents orprincipals in commercial transactions


1) None

2) None

3) None

4) None

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsC. TOUR GUIDE

SERVICES1) None

2) None

3) The number of concessions available for commercialoperations in federal, state and local facilities islimited


1) None

2) None

3) None

4) None

D. OTHER 1) None

2) None

3) None


1) None

2) None

3) None

4) None

10. RECREATIONAL,CULTURAL, &SPORTING SERVICES

A. ENTERTAINMENTSERVICES(INCLUDINGTHEATER, LIVEBANDS AND CIRCUSSERVICES)

1) None

2) None

3) None


1) None

2) None

3) None

4) None

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsB. NEWS AGENCY

SERVICES1) None

2) None

3) None


1) None

2) None

3) None

4) None

C. LIBRARIES,ARCHIVES,MUSEUMS ANDOTHER CULTURALSERVICES

1) None

2) None

3) None


1) None

2) None

3) None

4) None

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsD. OTHER

RECREATIONALSERVICES (exceptsporting)

1) None

2) None

3) The number of concessions available for commercialoperations in federal, state and local facilities islimited


1) None

2) None

3) None

4) None

11. TRANSPORTSERVICES

C. AIR TRANSPORTSERVICES: Aircraftrepair and maintenance.(Aircraft repair andmaintenance activities,when undertaken on anaircraft or a part thereof,while it is withdrawnfrom service. Does notinclude line maintenanceor other repair ormaintenance activitiesundertaken by an aircarrier (includes itsagents or contractors) onaircraft it owns, leases,or operates.)

1) Unbound*

2) None

3) None


1) Unbound*

2) None

3) None

4) None

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsE. RAIL TRANSPORTa) Passenger

Transportation,excluding high speed rail

b) Freight Transportation

1) None

2) None

3) Foreign railroads must incorporate in Vermont or inan adjacent state in order to own directly or indirectlythe stock of a railroad company incorporated inVermont


1) None

2) None

3) None

4) None

d) Maintenance and Repairof Rail TransportEquipment

1) None

2) None

3) None


1) None

2) None

3) None

4) None

F. ROAD TRANSPORTa) Passenger transport:

Interurban regulartransport

1) Unbound until January 1, 1997. No limitationsafter that date.

2) None

3) Unbound until January 1, 2001. No limitationsafter that date.


1) Unbound until January 1, 1997. Nolimitations after that date.

2) None

3) Unbound until January 1, 2001. Nolimitations after that date.

4) None

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Sector or subsector Limitations on market access Limitations on national treatment Additional commitmentsb) Freight transport

(Commitment limited totransportation of cargothat has either an originor a destination outsidethe United States)

1) Unbound until December 17, 1995. AfterDecember 17, 1995, unbound except to or fromCalifornia, Arizona, New Mexico and Texasthrough different ports of entry. No limitationsafter January 1, 2000.

2) None

3) Unbound until December 17, 1995. AfterDecember 17, 1995, no limitations


1) None

2) None

3) None

4) None

d) Maintenance and Repairof Road TransportEquipment

1) Unbound*

2) None

3) None


1) Unbound*

2) None

3) None

4) None

H. SERVICES AUXILIARY TO ALL MODES OF TRANSPORTd) Other Supporting and

Auxiliary TransportServices: Customs HouseBrokers

1) Unbound*

2) None

3) Services must be supplied by a corporation,association or partnership. One officer of acorporation or association or one of the membersof a partnership must hold a valid customs broker'slicence in order for the entity to engage in suchbusiness. A customs broker's licence may only beobtained by a US citizen.


1) Unbound*

2) None

3) None

4) None

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ATTACHMENT TO THE UNITED STATES SCHEDULE

REFERENCE PAPER

Scope

The following are definitions and principles on the regulatory framework for the basic telecommunicationsservices.

Definitions

Users mean service consumers and service suppliers.

Essential facilities mean facilities of a public telecommunications transport 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 provide a service.

A major supplier is a supplier which has the ability to materially affect the terms of participation (having regard toprice and supply) in the relevant market for basic telecommunications services as a result of:

(a) control over essential facilities; or

(b) use of its position in the market.

1. Competitive safeguards

1.1 Prevention of anti-competitive practices in telecommunications

Appropriate measures shall be maintained for the purpose of preventing suppliers who, alone or together,are a major supplier from engaging in or continuing anti-competitive practices.

1.2 Safeguards

The anti-competitive practices referred to above shall include in particular:

(a) engaging in anti-competitive cross-subsidization;

(b) using information obtained from competitors with anti-competitive results; and

(c) not making available to other services suppliers on a timely basis technical information aboutessential facilities and commercially relevant information which are necessary for them toprovide services.

2. Interconnection

2.1 This section applies to linking with suppliers providing public telecommunications transport networks orservices in order to allow the users of one supplier to communicate with users of another supplier and to accessservices provided by another supplier, where specific commitments are undertaken.

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2.2 Interconnection to be ensured22

Interconnection with a major supplier will be ensured at any technically feasible point in the network. Suchinterconnection is provided.

(a) under non-discriminatory terms, conditions (including technical standards and specifications)and rates and of a quality no less favourable than that provided for its own like services or forlike services of non-affiliated service suppliers or for its subsidiaries or other affiliates;

(b) in a timely fashion, on terms, conditions (including technical standards and specifications) andcost-oriented rates that are transparent, reasonable, having regard to economic feasibility, andsufficiently unbundled so that the supplier need not pay for network components or facilities thatit does not require for the service to be provided; and

(c) upon request, at points in addition to the network termination points offered to the majority ofusers, subject to charges that reflect the cost of construction of necessary additional facilities.

2.3 Public availability of the procedures for interconnection negotiations

The procedures applicable for interconnection to a major supplier will be made publicly available.

2.4 Transparency of interconnection arrangements

It is ensured that a major supplier will make publicly available either its interconnection agreements or areference interconnection offer.

2.5 Interconnection: dispute settlement

A service supplier requesting interconnection with a major supplier will have recourse, either:

(a) at any time or

(b) after a reasonable period of time which has been made publicly known

to an independent domestic body, which may be a regulatory body as referred to in paragraph 5 below, to resolvedisputes regarding appropriate terms, conditions and rates for interconnection within a reasonable period of time,to the extent that these have not been established previously.

3. Universal service

Any Member has the right to define the kind of universal service obligation it wishes to maintain. Suchobligations will not be regarded as anti-competitive per se, provided they are administered in a transparent, non-discriminatory and competitively neutral manner and are not more burdensome than necessary for the kind ofuniversal service defined by the Member.

4. Public availability of licensing criteria

Where a licence is required, the following will be made publicly available:

(a) all the licensing criteria and the period of time normally required to reach a decision concerningan application for a licence and

22Rural local exchange carriers may be exempted by a state regulatory authority for a limited period of time from theobligations of section 2.2. with regard to interconnection with competing local exchange carriers.

Rural telephone companies do not have to provide interconnection to competing local exchange carriers in the manner specifiedin section 2.2. until ordered to do so by a state regulatory authority.

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(b) the terms and conditions of individual licences.

The reasons for the denial of a licence will be made known to the applicant upon request.

5. Independent regulators

The regulatory body is separate from, and not accountable to, any supplier of basic telecommunicationsservices. The decisions of and the procedures used by regulators shall be impartial with respect to all marketparticipants.

6. Allocation and use of scarce resources

Any procedures for the allocation and use of scarce resources, including frequencies, numbers and rights ofway, will be carried out in an objective, timely, transparent and non-discriminatory manner. The current state ofallocated frequency bands will be made publicly available, but detailed identification of frequencies allocated forspecific government uses is not required.

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ATTACHMENT TO THE UNITED STATES SCHEDULE

ADDITIONAL COMMITMENTS PAPER I

(a) Taking note of principles of federalism under the United States Constitution, recognizing that insurancehas been regulated at the state government level since the beginning of insurance regulation in the UnitedStates, and further recognizing the provision of the McCarran-Ferguson Act that "[t]he business ofinsurance...shall be subject to the laws of the several States," the Government of the United Stateswelcomes efforts by the National Association of Insurance Commissioners ("NAIC") to promote theharmonization of state insurance regulation, through such steps as its Accreditation Program and thepreparation of model insurance laws.

(b) The Government of the United States notes that under Accreditation Program, the NAIC selects anindependent team of auditors to review the compliance of states with the laws, regulations, and regulatoryand organizational practices contained in the NAIC accreditation standards. The team reports to theNAIC, which determines whether a state qualifies for accreditation under the standards. As of October11, 1994, 37 states were accredited by the NAIC through this program.

(c) The Government of the United States notes that NAIC Model Laws are designed to facilitate legislativeand regulatory action on common problems among the states and are intended to save duplication of efforton the part of the states. Some models are adopted by all or most of the states, so there is a harmonizingeffect. Some models serve as guidelines which the states may adopt, utilize or amend to fit theirindividual needs. Certain models have been identified as being of such import that their adoption isnecessary for states to be accredited pursuant to NAIC financial regulation standards.

(d) The Government of the United States encourages the NAIC to continue its effort to work with stategovernments on these programs.

(e) Recognizing principles of federalism, the long history of state regulation of insurance in the United States,and the McCarran-Ferguson Act, and noting the concerns of regulators who seek to further increaseinternationalization of their insurance markets while addressing prudential concerns, the Government ofthe United States:

(i) welcomes that the NAIC in October 1993 adopted a model law on the initial entry of non-U.S.insurance providers without their prior establishment in another state, and the Government of theUnited States encourages the NAIC to continue and as appropriate intensify its efforts withrelevant state authorities with regard to this issue;

(ii) would welcome consideration by the NAIC, if appropriate, of the issue of the time period forreview of licensing applications of insurance providers, from the perspective that regulatoryauthorities should make administrative decisions on completed applications of insuranceproviders within a reasonable time; and

(iii) welcomes efforts by the NAIC to review with the states the question of citizenship requirementsfor the boards of directors of foreign insurance providers, and the Government of the UnitedStates encourages the NAIC to continue and as appropriate intensify its efforts with relevant stateauthorities within regard to this issue.

(f) The Government of the United States notes the concern raised by another Member that different stateregulations for foreign insurance providers on lines of products permitted, trusteed assets requirements,deposit requirements, remittance ceiling and reinsurance trust funds affect foreign insurance providersability to enter the insurance market of the United States.

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ADDITIONAL COMMITMENTS PAPER II

(1) The Administration has expressed its support for Glass-Steagall reform on a national treatment basis andwill work with Congress to achieve an appropriate framework to accomplish this objective.

(2) The Administration, noting that even before the adoption of the Riegle-Neal banking legislation, manystates had taken action to liberalize interstate acquisitions of banks on a basis that provided nationaltreatment to foreign banks, welcomes further initiatives by states to provide additional access on a non-discriminatory basis.

(3) The Government of the United States has taken action to remove impediments to the offering of securitiesin the United States by foreign and domestic issuers. The National Securities Markets Improvement Actof 1996 preempts state regulation of offerings of certain securities, including those listed on the NewYork Stock Exchange, the National Association of Securities Dealers Automated Quotation/NationalMarket System, and securities issued by registered investment companies. This legislation eliminatesduplicative state and federal securities legislation in the area of securities registration.

(4) Section 7(d) of the Investment Company Act authorizes the SEC to permit a foreign investment companyto register and publicly offer its shares in the United States if the SEC makes the following prudentialfindings:

1. that it is both legally and practically feasible for the SEC and U.S. investors effectively toenforce the provisions of the Investment Company Act against the investment company, and

2. that it is consistent with the requirements set forth in the Investment Company Act.

(5) The Government of the United States notes that the Federal Reserve, working in cooperation with otherdomestic supervisory authorities, has established an enhanced framework for the regulation andsupervision of U.S. operations of foreign banks, which endeavors to coordinate annual examinations offoreign banks and provide uniform guidance with respect to examination policies.

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UNITED STATES OF AMERICA - FINAL LIST OF ARTICLE II (MFN) EXEMPTIONS

Sector or subsector Description of measureindicating its inconsistency with

Article II

Countries to which the measureapplies

Intended duration Conditions creating theneed for the exemption

Movement of persons Government issuance of treatytrader or treaty investornon-immigrant visas that extend aspecial visa category to nationalsof treaty partners in executive andother personnel categoriesengaged

Countries with whom the UnitedStates has a Friendship,Commerce and Navigation Treaty(FCN), a Bilateral InvestmentTreaty (BIT), or certain countriesas described in Section 204 of theImmigration Act of 1990

Indefinite To facilitate trade underFCNs and BITs

• solely to carry on substantialtrade, including trade inservices or trade intechnology, principallybetween the US and theforeign state of which anatural person is a national,or

• solely to develop and directthe operations of anenterprise in which a naturalperson has invested or isactively in the process ofinvesting a substantialamount of capital

Restrictions on performance oflongshore work when making USport calls by crews of foreignvessels owned and flagged incountries that similarly restrictUS crews on US-flag vesselsfrom longshore work

Countries that prohibit longshorework by crew members aboardUS vessels

Indefinite Reciprocal restrictions oncountries that prohibitlongshore work by crewmembers aboard USvessels

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Article II



All Sectors: TaxationMeasures

Differential treatment underdirect tax measures at the federallevel

All Indefinite

Such measures are:

• measures under the USInternal Revenue Code (IRC)permitting the residents ofcountries contiguous to theUnited States to receive morefavorable treatment andpermitting certain UStaxpayers to receive morefavorable treatment as totheir contiguous countryoperations, and providingany other benefits withrespect to contiguouscountries;

Volume of movementsacross US borders betweenCanada and the UnitedStates and betweenMexico and the UnitedStates; efficientadministration of taxsystem.

• benefits available under theUS IRC with respect to USpossessions;

Coordination of the UnitedStates and US possessionincome taxes; fiscalarrangements for USpossessions; andfacilitation of economicdevelopment in USpossessions

• benefits available under theUS IRC with respect toCaribbean Basin Initiative(CBI) beneficiary countries;

Facilitation of economicdevelopment in certaindeveloping countries

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Article II



• regarding activities coveredby the scope of the GeneralAgreement on Trade inServices, reciprocal reductionof taxation on incomederived from theinternational operation ofaircraft or of taxation ofcertain earnings derived fromthe use of railroad rollingstock;

Prevention of doubletaxation and proper taxadministration

• tax exemption for earningsderived from the ownershipor operation of acommunications satellitesystem by a foreign entitydesignated by a foreigngovernment to participate insuch ownership if the UnitedStates, through its designatedentity, participates in suchsystem pursuant to theCommunications SatelliteAct of 1962;

Facilitation of satellitecommunications andproper tax administration

• denial of statutory reductionof double taxation or deferralof US tax on income earnedthrough controlled foreigncorporations, because thecountry participates in orcooperates with aninternational boycott, or forsimilar foreign policyreasons;

Foreign policyconsiderations

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• measures permitting lessfavorable taxation forcitizens, corporations orproducts of a foreign countrybased on discriminatory orextraterritorial taxes, moreburdensome taxation, orother discriminatory conduct;

To foster efficientinternational taxationpolicies

• allow the deduction forexpenses of an advertisementcarried by a foreignbroadcast undertaking anddirected primarily to a USmarket only where thebroadcast undertaking islocated in a foreign countrythat allows a similardeduction for anadvertisement placed with aUS broadcast undertaking;

To encourage theallowance of advertisingexpenses internationally

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• in connection with theexclusion of, or deductionrelating to, certain foreignearned income from the grossincome of individuals, thebenefit of a waiver of therequired period of stay in aforeign country asdetermined by the Secretaryof the Treasury. TheSecretary is empowered todetermine that individualswere required to leave aforeign country because ofwar, civil unrest or similaradverse conditions in suchforeign country whichprecluded the normal conductof business by suchindividuals; and

To take into accountproblems created byadverse conditions withinparticular countries

Sub-federal tax measuresaffording differential treatment toservice suppliers or to serviceswhen the differential treatment isbased on one of the followingcriteria:

All Indefinite To implement fiscalpolicies of sub-centralgovernments

• are performed, consumed, orlocated within differentsub-federal entities;

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• differ based on the size orincome of the servicesupplier or on the scale ormethods (includingenvironmental and health andsafety measures) ofperformance;

• differ in the extent ofownership or participation byminority or otherdisadvantaged groups;

• differ as to the eligibility fornon-profit status for pension,profit-sharing or otheremployee-benefit regimes;

• differ based on federalimmunity to taxation, forexample, exemption fromsub-federal tax on USgovernment obligations orcontracts; differ based onfederal immunity to taxation,for example, exemption fromsub-federal tax on USgovernment obligations orcontracts;

• are performed or located incountries contiguous to theUnited States; or

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• are performed or located injurisdictions with whichsub-federal entities havearrangements for taxcooperation and assistance

Sub-federal measuressubstantively incorporatingprovisions of federal law subjectto an MFN exemption under thisagreement

All Indefinite To implement fiscalpolicies of sub-centralgovernments

All Sectors:Land Use

Non-US citizens in Wyomingmay not acquire or inherit landunless the country of which theyare a citizen extends a reciprocalright to US citizens

All Indefinite Lack of reciprocity

All Sectors Canadian small businesses, butnot small businesses of othercountries, may use simplifiedregistration and periodic reportingforms with respect to theirsecurities

Canada Indefinite Maintenance ofestablished preference

Telecommunicationservices: One-waysatellite transmissionof DTH and DBStelevision servicesand of digital audioservices

Differential treatment of countriesdue to application of reciprocitymeasures or through internationalagreements guaranteeing marketaccess or national treatment

All Indefinite Need to ensuresubstantially full marketaccess and nationaltreatment in certainmarkets.

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Insurance

Banking and OtherFinancial Services(excluding Insurance)

Measures according differentialtreatment in regard to theexpansion of existing operations,the establishment of a newcommercial presence or theconduct of new activities, in acircumstance in which a Memberadopts or applies a measure thatcompels, or has the effect ofcompelling, a person of theUnited States, on the basis of itsnationality, to reduce its share ofownership in an insuranceservices provider operating in theMember's territory to a levelbelow that prevailing on12/12/97.

A broker-dealer registered underUS law that has its principal placeof business in Canada maymaintain its required reserves in abank in Canada subject to thesupervision of Canada.

All countries

Canada

Indefinite

Indefinite

Need to protect existingUS ownership of servicesuppliers operating inother Members.

Maintenance ofestablished preference.

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Banking and OtherFinancial Services(excluding Insurance)

Permission to establishstate-licensed branches, agencies,or representative offices, or toown commercial banksubsidiaries, is based on areciprocity test in the followingStates: California (applies also tosavings and loan associations),Connecticut (applies also to creditunions), Georgia, Illinois,Kentucky, Louisiana,Massachusetts, Michigan, NorthCarolina, Pennsylvania,Washington. Among theconditions on which agency oragency and representative officelicenses may be granted for thefollowing States is that theforeign bank is one of the fivelargest banks in the homecountry: Florida, Oklahoma.Permission for a foreign-ownedbank or trust company to act asfiduciary, and to use satellitebanking terminals, is based on areciprocity test in Iowa. Iowa alsosubjects the activities of foreign-owned savings and loanassociations to a reciprocity test.

All countries Indefinite Need to protect existingactivities of US servicesuppliers abroad and toensure substantially fullmarket access and nationaltreatment in internationalfinancial markets.

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Michingan permits corporatecentral credit unions to placedeposits in banks chartered inCanada or the European CommonMarket but not in banks charteredin other foreign countries.

Authority to act as a sole trusteeof an indenture for a bondoffering in the United States issubject to a reciprocity test.

Designation as a primary dealerin the US Government debtsecurities is conditioned onreciprocity.

Canada and European CommonMarket

All

All

Indefinite

Indefinite

Indefinite

Maintenance ofestablished preference.

Need to ensure USfinancial service suppliersare permitted to providetrustee services in foreignmarkets.

Need to ensure USfinancial service suppliersare afforded nationaltreatment in foreigngovernment debt markets.

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Transport Services:Air TransportServices

Measures which pertain to sellingand marketing of air transportservices (including sales, otherthan by airlines, of passengercharters and forwarding of airfreight other than by airlines) andto operation and regulation ofcomputer reservation system(CRS) services, as described inthe Annex on Air TransportServices. (For transparencypurposes, these measures include,but are not limited to, bilateraland multilateral civil aviationagreements, understandings and

All partners with which theUnited States has active aviationrelations (approximately100 countries) covered bybilateral or other air servicesagreements and comity andreciprocity regimes. Alsoconcerned are the co-signatoriesof the Chicago Convention andvarious other internationalaviation agreements,undertakings, and understandingsto which the United States is aparty.

Indefinite The common policy andpractice of exchangingrights, settling disputes,and applying laws andother measures pertainingto the operation of civilaircraft and airtransportationdifferentially, with respectto the activities referred toabove, on the basis ofmutual agreement andbalanced exchanges ofrights and responsibilities.

undertakings and informal comityand reciprocity aviation regimesto which the United States is aparty; US laws and regulations,including the International AirTransportation Fair CompetitivePractices Act of 1974, asamended, the Federal AviationAct of 1958, as amended, theInternational Air TransportationCompetition Act of 1979, theInternational Aviation FacilitiesAct, as amended, and Title 14,Parts 1 - 399, of the Code ofFederal Regulations; andmeasures of US states andterritories and the District ofColumbia, and of their agenciesand subdivisions).

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Transport Services:Road Transport

The US government hasdiscretion to limit the issuance oftrucking licenses to persons fromcontiguous countries on the basisof reciprocity. The BusRegulatory Reform Act of 1982permits the President to removeor modify in whole or in part themoratorium on a finding that suchremoval or modification is in thenational interest. Domestic andcross-border trucking operationsare permitted within designatedInterstate Commerce Commissioncommercial zones. Themoratorium was lifted for Canadain October 1982.

Mexico, Canada Indefinite Need to have authority toimpose a moratorium onthe issuance of newlicenses for domesticoperations within andcross-border operationsinto the United States onthe basis of reciprocity

Transport Services:Pipeline Transport

Pursuant to the Mineral LandsLeasing Act of 1920, aliens andforeign corporations may notacquire rights-of-way for oil orgas pipelines, or pipelinescarrying products refined from oiland gas, across on-shore federallands or acquire leases or interestsin certain minerals on on-shorefederal lands, such as coal or oil.

All Indefinite Lack of reciprocity

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Non-US citizens may own a100 per cent interest in a domesticcorporation that acquires aright-of-way for oil or gaspipelines across on-shore federallands, or that acquires a lease todevelop mineral resources onon-shore federal lands, unless theforeign investors' home countrydenies similar or like privilegesfor the mineral or access inquestion to US citizens orcorporations, as compared withthe privileges it accords to its owncitizens or corporations or to thecitizens or corporations of othercountries. Nationalization is notconsidered to be denial of similaror like privileges. Foreigncitizens, or corporationscontrolled by them, are restrictedfrom obtaining access to federalleases on Naval PetroleumReserves if the laws, customs orregulations of their country denythe privilege of leasing publiclands to US citizens orcorporations.

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Transport Services:Space Transportation

Quantitative restrictions and pricedisciplines in certain bilateralagreements on the launch ofsatellites in the internationalcommercial space launch market

All Indefinite Need to prevent disruptionof competition in theinternational space launchmarket

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Documents

Trade in Services COMMUNICATION FROM THE …...Fashion Models and Specialty Occupations - Up to 65,000 persons annually on a world-wide basis in occupations as set out in 8 USC