docsonline.wto.orgdocsonline.wto.org/Dol2FE/Pages/FormerScriptedSearch/... · Web viewEntry for Business Visitors is limited to 90 days in any 12 months. - Intra-Corporate transferees

WORLD TRADE

ORGANIZATION

RESTRICTED

WT/ACC/CPV/30/Add.26 December 2007

(07-5423)

Working Party on theAccession of Cape Verde

Original: English

REPORT OF THE WORKING PARTY ONTHE ACCESSION OF CAPE VERDE

Addendum

Part II – Schedule of Specific Commitments in ServicesList of Article II MFN Exemptions

As indicated in paragraph 270 of the Report of the Working Party on the Accession of Cape Verde (WT/ACC/CPV/30), the Schedule of Specific Commitments in Services resulting from the negotiations between the Republic of Cape Verde and WTO Members is annexed to the draft Protocol of Accession of Cape Verde and is reproduced hereunder.

_______________

Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural personsSector or sub-sector Limitations on market access Limitations on national treatment Additional commitments

I. HORIZONTAL COMMITMENTS (APPLICABLE TO ALL SECTORS INCLUDED TO THIS SCHEDULE)Land Ownership

Foreigners might be limited to the right to lease only, but not to own land in Cape Verde. (3) None, except foreign firms may be

required to train and upgrade the technical and management skills of local employees.

Eligibility for subsidies may be limited to Cape Verdean service suppliers, i.e. to juridical persons established within the territory of Cape Verde.

(4) Unbound except for measures concerning the entry and temporary stay of natural persons in the following categories:

- Business Visitors

Persons not based in the Republic of Cape Verde and receiving no remuneration from a source located within the Republic of Cape Verde, who are representatives of business carrying on activities in a WTO member who are seeking temporary entry into Cape Verde for the purpose of negotiating for the sale of the services of that business, entering into agreements to sell services for that business, participating in business meetings or preparing for the establishment of a commercial presence, where those representatives will not be

WT/ACC/CPV/30/Add.2Page 2


engaged in making direct sales to the general public.

Entry for Business Visitors is limited to 90 days in any 12 months.- Intra-Corporate transferees

People who have been employed by their firm for a period of not less than one year and who seek temporary entry in order to render services to the same employer or a branch or a subsidiary of affiliates of that employer, more specifically, who are one of the following:

- Managers

Persons within an organization who primarily direct the organization, or a department or sub-division of the organization, supervise and control the work of other supervisory, professional or managerial employees, have the authority to hire and fire or recommend hiring and firing, or other personnel actions (such as promotion or leave authorization), and exercise discretionary authority over day-to-day operations. Does not include first line supervisors, unless the employees supervised are professionals, nor does it include employees who primarily perform tasks necessary for the provision of the service.

WT/ACC/CPV/30/Add.2


- Executives

Persons within the organization who primarily direct the management of the organization, establish the goals and policies of the organization or a major component or function of the organization, exercise wide latitude in decision-making, and receive only general supervision or direction from higher-level executives, the board of directors, or stockholders of the business. Executives would not directly perform tasks related to the actual provision of a service or services of the organization.

- Specialists

Persons within an organization who possess knowledge at an advanced level of continued expertise and who possess proprietary knowledge of the organization's services, research, techniques, or management. Specialists may include, but are not limited to, members of licensed professions.

Entry for ICTs is limited to 1 year, renewable annually for up to 5 years, except for ICTs working on information systems or communication system who are limited to 4 years.



- Contractual Service Suppliers

Persons as employees of an enterprise engaged in substantive business in the Republic of Cape Verde without having a commercial presence in the Republic of Cape Verde who provide a service as a professional of a service sector pursuant to a contract between the enterprise and a client in Cape Verde, and who have been employed by this enterprise for a period of at least one year prior to their entry into Cape Verde.

Entry for CSS is limited to 1 year, renewable annually for up to 5 years.

II. SECTOR-SPECIFIC COMMITMENTSI. BUSINESS SERVICESA. Professional services(a) Legal services

(CPC 861*) consultancy on the law of jurisdiction where service supplier is qualified as a lawyer and on international law.

(1) None(2) None(3) None(4) Unbound, except as indicated under

Horizontal Commitments


Horizontal Commitments(b) Accounting, auditing and

bookkeeping services(CPC 862)

(1) None, except registration with General Directorate of Finance required

(2) None(3) None, except only through

incorporation in Cape Verde with maximum foreign equity capital of 51%. Within 5 years of accession, 100% foreign ownership will be allowed

(1) None

(2) None(3) None

WT/ACC/CPV/30/Add.2


(4) Unbound, except as indicated under Horizontal Commitments


(c) Taxation services(CPC 863)




Horizontal Commitments(d) Architectural services

(CPC 8671)(1) None(2) None(3) None, except only through

incorporation in Cape Verde with maximum foreign equity capital of 65%. Within 5 years of accession, 100% foreign ownership will be allowed


(1) None(2) None(3) None


(e) Engineering services(CPC 8672)

(f) Integrated engineering services for other turnkey projects(CPC 86739)




Horizontal Commitments(g) Urban planning and landscape

architectural services(CPC 8674)

(1) None, except registration with the Cape Verdean Architectural Order required

(2) None(3) None(4) Unbound, except as indicated under


(1) None


Horizontal Commitments(i) Veterinary services

(CPC 9320)(1) Unbound(2) None(3) None, except must be qualified to

practice in home country and must register with the Ministry of Agriculture and be member of Veterinarians' Professional Association






B. Computer and Related ServicesComputer and related services (CPC 84) (1) None




Horizontal CommitmentsC. Research and Development Services(a) R&D services on natural sciences

and engineering(CPC 851)



(1) None(2) None(3) None(4) Unbound, except as indicated in

Horizontal Commitments(b) R&D services on social sciences

and humanities(CPC 852)




Horizontal Commitments(c) Interdisciplinary R&D services

(CPC 8530)(1) None(2) None(3) None(4) Unbound, except as indicated under



Horizontal CommitmentsD. Real Estate Services(a) Involving own or leased property




Horizontal Commitments(b) On a fee or contract basis




Horizontal CommitmentsE. Rental/Leasing Services without Operators(c) Leasing or rental services (1) None (1) None

WT/ACC/CPV/30/Add.2


concerning private cars without operator(CPC 83101)

- Leasing or rental services concerning other land transport equipment without operator(CPC 83105)

(d) Leasing or rental services concerning machinery or equipment without operators(CPC 83106, 83107, 83108)





F. Other Business Services- Arbitration and conciliation

services(CPC 86602)




Horizontal Commitments(a) Advertising services




Horizontal Commitments(b) Market research and public opinion

polling services(CPC 864)




Horizontal Commitments(c) Management consulting services




Horizontal Commitments(d) Services related to management

consulting(CPC 866)







(e) Technical testing and analysis services(CPC 8676)




Horizontal Commitments(f) Services incidental to agriculture,

hunting and forestry(CPC 881)




Horizontal Commitments(g) Services incidental to fishing




Horizontal Commitments(h) Services incidental to mining




Horizontal Commitments(i) Services incidental to

manufacturing(CPC 884)




Horizontal Commitments(m) Related scientific and technical

consulting services(CPC 8675)




Horizontal Commitments(n) Maintenance and repair of

equipment, excluding maritime vessels, aircraft or other transport equipment(CPC 633, 8860-8866)




Horizontal Commitments(s) Planning, managing and marketing

services for conventions and similar (1) None(2) None

(1) None(2) None

WT/ACC/CPV/30/Add.2


events(CPC 87909)

(3) None(4) Unbound, except as indicated under


(3) None(4) Unbound, except as indicated under

Horizontal Commitments(t) Translation services (CPC 87905) (1) None, other than for government

documents and events(2) None(3) None, other than for government

documents and events(4) Unbound, except as indicated under


(1) None

(2) None(3) None


2. COMMUNICATION SERVICESB. Courier Services

Limited to the collection, sorting, transport, and delivery of documents, printed matter, parcels, goods, other items on an expedited basis; provided that the transport originates or terminates outside the territory of Cape Verde (and is not intra- or inter-island)(CPC 7512)





C. Telecommunication ServicesUnless otherwise specified, the Commitments in this sector have been scheduled in accordance with the "Notes for Scheduling Basic Telecom Services Commitments (S/GBT/W/2/Rev. 1) and "Market Access Limitations on Spectrum Availability" (S/GBT/W/3)

The Republic of Cape Verde undertakes the obligations contained in the attached Reference Paper with respect to provision of telecommunications services, other than electronic mail, voice mail, on-line information and data base retrieval, EDI, code and protocol conversion.

- International voice and data transmission services

- Domestic and national long-distance voice services:- on a fixed-line facilities-basis

(1), (2), (3) Unbound until 31 December 2011, thereafter: None

(4) Unbound, except as indicated in the Horizontal Commitments

(1) None(2) None(3) None(4) Unbound, except as indicated in the




- for public use- Domestic and national long distance

data services:- on a fixed-line facilities-basis- for public use

(1) Unbound until 31 December 2011, thereafter: None



(1) None


Horizontal Commitments- Voice and data transmission

services:- on a resale basis- for public use

(1) Exclusively over the network of or circuits leased from a carrier licensed to provide facilities-based services




(1) None

(2) None

(3) None


- Radio-based services:- paging

(1) Unbound(2) None(3) None, except only three operators

will be licensed(4) Unbound, except as indicated under


(1) Unbound(2) None(3) None


- Local and domestic long distance voice and data transmission services over a wireless network




(1) None


Horizontal Commitments- Voice and data transmission

servicesfor non-public use only



WT/ACC/CPV/30/Add.2


Horizontal Commitments Horizontal Commitments- Electronic Mail, Voice Mail, On-

line information and data base retrieval, EDI, Code and Protocol Conversion


(2) None, except if over fixed lines, exclusively over the network of or circuits leased from a carrier licensed to provide facilities-based services. Radio-based: none

(3) None, except if over fixed lines, exclusively over the network of or circuits leased from a carrier licensed to provide facilities-based services. Radio-based: none


(1) None

(2) None

(3) None


- Telecommunications related services(CPC 754)







D. Audiovisual Services(a) Motion picture and video tape

distribution services (CPC 9611**)1

(b) Radio and television distribution services (CPC 9613**)2

(c) Sound recording services (n.a.)

Broadcasting services, as well as measures regarding origin of audiovisual works related to access to broadcast transmission, are specifically excluded for all listed sub-sectors.

(1), (2) and (3) None


(1), (2) and (3) None, except unbound for support programmes established to preserve or promote the cultural identity of Cape Verde and of countries with which Cape Verde has bilateral and plurilateral agreements now or in the future


3. CONSTRUCTION AND RELATED ENGINEERING SERVICESA. General construction work for

buildings(CPC 512)

B. General construction work for civil engineering(CPC 513)

C. Installation and assembly work(CPC 514, 516)

D. Building completion and finishing work(CPC 517)

E. Other Construction Services(CPC 511, 515, 518)

(1) Unbound(2) None(3) None(4) Unbound, except as indicated under




1 For the purpose of this commitment, distribution means licensing of motion pictures or videotapes.2 For the purpose of this commitment, distribution means licensing of radio and television programmes.

WT/ACC/CPV/30/Add.2


4. DISTRIBUTION SERVICESB. Wholesale Trade Services,

excluding the importation of tobacco; and importation and sale of:- precious metals for use by the

national bank- pharmaceuticals; produced in

Cape Verde for a period of three years from the date of accession and

- fuel(CPC 622)

C. Retailing Services, including the sales of pharmaceuticals and fuel(CPC 631 and 632)

D. Franchising Services(CPC 8929)

- Wholesale and Retail Trade Services, relating to the sales of automobiles(CPC 611, 6113, 6121)





5. EDUCATIONAL SERVICESThe educational services listed below are limited to privately funded education services and exclude education services funded from government resources

B. Secondary Education Services(CPC 922)

C. Higher Education Services(CPC 923)

D. Adult education(CPC 924)

E. Other educational services(CPC 929)





6. ENVIRONMENTAL SERVICESA. Sewage services

(CPC 9401)B. Refuse disposal services

(CPC 9402)





C. Sanitation and similar services(CPC 9403)

D. Other:- Cleaning services of exhaust

gases(CPC 9404)

- Noise abatement services(CPC 9405)

- Nature and Landscape protection services(CPC 9406)

- Other(CPC 9409)

Horizontal Commitments Horizontal Commitments

7. FINANCIAL SERVICESCape Verde will permit the establishment of branches for committed sub-sectors in insurance, banking and securities within 10 years from the date of Cape Verde's accession to the WTO.

A. Insurance and insurance-related services(i) Direct insurance (including co-

insurance):(A)life insurance(B) non-life insurance

(1) Unbound(2) None(3) None, except commercial presence

must take form of limited liability company, or as provided for in the financial services headnote




(ii) Reinsurance and retrocession (1) None(2) None(3) None, except commercial presence





(iii) Insurance intermediation, such as brokerage and agency

(1) Unbound, except for reinsurance where: none

(2) None(3) None

(1) None

(2) None(3) None

WT/ACC/CPV/30/Add.2




(iv) Services auxiliary to insurance, such as consultancy, actuarial risk assessment and claim settlement services

(1) None(2) None(3) None, except commercial presence





B. Banking and other financial services (excluding insurance)(v) Acceptance of deposits and other

repayable funds from the public(vi) Lending of all types, including

consumer credit, mortgage credit, factoring and financing of commercial transaction

(vii) Financial leasing(viii) All payment and money

transmission services, including credit, charge and debit cards, travellers cheques and bankers drafts

(ix) Guarantees and commitments(x) Trading for own account or for

account of customers, whether on an exchange, in an over-the-counter market or otherwise, the following:

(A) money market instruments (including cheques, bills, certificates of deposits);

(B) foreign exchange;(C) derivative products including,

but not limited to, futures and options;

(D) exchange rate and interest rate

(1) Unbound(2) None(3) None, except commercial presence

must take the form of a limited liability company, or as provided for in the financial services headnote





Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural personsSector or sub-sector Limitations on market access Limitations on national treatment Additional commitmentsinstruments, including products such as swaps, forward rate agreements;

(E) transferable securities; and(F) other negotiable instruments

and financial assets, including bullion

(xi) Participation in issues of all kinds of securities, including underwriting and placement as agent (whether publicly or privately) and provision of services related to such issues

(xii) Money broking(xiii) Asset management, such as cash or

portfolio management, all forms of collective investment management, pension fund management, custodial, depository and trust services

(xiv) Settlement and clearing services for financial assets, including securities, derivative products, and other negotiable instruments

(xv) Provision and transfer of financial information, and financial data processing and related software by suppliers of other financial services

(xvi) Advisory, intermediation and other auxiliary financial services on all the activities listed in subparagraphs (v) through (xv), including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy





WT/ACC/CPV/30/Add.2


9. TOURISM AND TRAVEL RELATED SERVICESA. Hotels and restaurant service

(CPC 641, 642, 643)(1) Unbound(2) None(3) None, except (i) operation of hotels

may optionally seek to take advantage of the investment incentives under Tourism Utility Law and (ii) restaurants that want to take advantage of investment incentives under the Tourism Utility Law, are subject to an economic needs test (ENT). However, restaurants that do not want to take advantage of investment incentives under that law are not subject to an ENT.


(1) Unbound(2) None(3) None


The Government of Cape Verde affirms that there is no discrimination on the basis of nationality in application of the investment incentives of the Tourism Utility Law or the related economic needs test.



B. Travel agencies and tour operators services(CPC 7471)

(1) Unbound(2) None(3) None with respect to travel agencies

and tour operator services provided in joint venture with Cape Verde nationals, as long as foreign interest is less than 50%.

Travel agencies and tour operator services with foreign investment of 50% or more are subject to the following limitations:

- the number of such travel agencies cannot exceed more than one-third of all national service providers (including joint ventures with a foreign interest of less than 50%) operating in the territory of Cape Verde;

- the number of such tour operators cannot exceed more than one-third of all national service providers (including joint ventures with a foreign interest of less than 50%) operating in the territory of Cape Verde;

- a travel agency with less than 50% Cape Verde ownership is limited to one establishment on each of three islands; and

- a tour operator with less than 50% Cape Verde ownership cannot operate on more than 3 islands.

(4) Unbound, except as indicated under



WT/ACC/CPV/30/Add.2


C. Tour guides(CPC 7472)

(1) Unbound(2) Unbound(3) Unbound, except for tour guides

with language capabilities not otherwise available in Cape Verde




10. RECREATIONAL, CULTURAL AND SPORTING SERVICES- Recreational fishing (1) Unbound




Horizontal Commitments(a) Cinema theatre operation services

(part of CPC 96199)(1) Unbound(2) None(3) None


(1) Unbound(2) Unbound(3) None, except unbound for support

programmes established to preserve or promote the cultural identity of Cape Verde and of countries with which Cape Verde has bilateral or plurilateral agreements now or in the future


11. TRANSPORT SERVICESInternational maritime transport - passenger and freight

(CPC 7211, 7212)except cabotage transport

(1) None(2) None(3) 50% of the entire staff must be

Cape Verdean citizens, in both professional and non professional. Vessel must be registered in Cape Verde




The following services at the port are made available to international maritime transport suppliers on reasonable and non discriminatory terms and conditions:

1. Pilotage2. Towing and the tug assistance3. Provisioning, fuelling and watering4. Garbage collecting and ballast waste

disposal5. Port Captain's services6. Navigation aids



7. Shore-based operational services essential to ship operations including communications, water and electrical supplies

8. Emergency repair facilities9. Anchorage, berth and berthing

services

Possible adoption of a Reference Paper, or part thereof will be considered after the conclusion of the Doha Round.

Maritime Auxiliary Services- Maritime Cargo Handling Services

(1) Unbound, except for - no limitation on transhipment (board to board or via the quay) and/or on the use of on-board cargo handling equipment

(2) None(3) 50% of the entire staff must be

Cape Verdean citizens, in both professional and non professional. Vessel must be registered in Cape Verde


(1) Unbound, except for - no limitation on transhipment (board to board or via the quay) and/or on the use of on-board cargo handling equipment

(2) None(3) None


Storage and Warehousing Services (CPC 742)




Horizontal Commitments Customs Clearance Services (1) Unbound

(2) None(3) Unbound(4) Unbound, except as indicated under


(1) Unbound(2) None(3) Unbound(4) Unbound, except as indicated under


WT/ACC/CPV/30/Add.2


Container Station and Depot Services (1) Unbound(2) None(3) None(4) Unbound, except as indicated under



Horizontal Commitments Maritime Agency Services (1) None

(2) None(3) None, except 50% of the entire staff

must be Cape Verdean citizens, in both professional and non professional.




Maritime Freight Forwarding Services (1) None(2) None(3) None, except 50% of the entire staff

must be Cape Verdean citizens, in both professional and non professional.




Rental of boats and ships (CPC 83103)

(1) None(2) None(3) None, except 50% of the entire staff

must be Cape Verdean citizens, in both professional and non professional. Vessel must be registered in Cape Verde




Supporting services for maritime transport (CPC 745)

(1) None(2) None(3) Unbound(4) Unbound, except as indicated under


(1) None(2) None(3) Unbound(4) Unbound, except as indicated under




Road Transport Services

(a) Passenger transportation(CPC 7121 + 7122)

(b) Freight transportation(CPC 7123)

(c) Rental of commercial vehicle with operator(CPC 7124)

(d) Maintenance and repair of road transport equipment(CPC 6112 +8867)

(e) Supporting services for road transport services(CPC 744)





WT/ACC/CPV/30/Add.2


REFERENCE PAPER

Scope

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

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 to price 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 about essential facilities and commercially relevant information which are necessary for them to provide services.

2. Interconnection

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

2.2 Interconnection to be ensured

Interconnection with a major supplier will be ensured at any technically feasible point in the network. Such interconnection 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 for like services of non-affiliated service suppliers or for its subsidiaries or other affiliates;

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

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

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 a reference 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 resolve disputes 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. Such obligations will not be regarded as anti-competitive per se, provided they are administered in a transparent, non-discriminatory and competitively neutral manner and are not more burdensome than necessary for the kind of universal service defined by the Member.

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 concerning an application for a licence and (b) the terms and conditions of individual licenses. The reasons for the denial of a licence will be made known to the applicant upon request.

5. Independent regulators

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


6. Allocation and use of scarce resources

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

_______________


NOTE TO THE SCHEDULE - Maritime Transportation Services

Where road, rail, inland waterways and related auxiliary services are not otherwise fully covered in this schedule, a multimodal transport operator shall have the ability to rent or lease trucks, railway carriages or barges, and related equipment, for the purpose of inland forwarding of cargoes, or have access to, and use of, these forms of multimodal activities on reasonable and non-discriminatory terms and conditions for the purpose of carrying out multimodal transport operations. "Reasonable and non-discriminatory terms and conditions" means, for the purpose of multimodal transport operations the ability of the multimodal transport operator to arrange for the conveyance of its merchandise on a timely basis, including priority over other merchandise which has entered the port at a later date.

DEFINITIONS

1. Without prejudice to the scope of activities which may be considered as "cabotage" under the relevant national legislation, this schedule does not include "maritime cabotage services", which are assumed to cover transportation of passengers or goods between a port located in Cape Verde and another port located in Cape Verde and traffic originating and terminating in the same port located in Cape Verde provided that this traffic remains within Cape Verde's territorial waters.

2. "Other forms of commercial presence for the supply of international maritime transport services" means the ability for international maritime transport service suppliers of other Members to undertake locally all activities which are necessary for the supply to their customers of a partially or fully integrated transport service, within which the maritime transport constitutes a substantial element. (This commitment shall however not be construed as limiting in any manner the commitments undertaken under the cross-border mode of delivery).

These activities include, but are not limited to:

(a) marketing and sales of maritime transport and related services through direct contact with customers, from quotation to invoicing, these services being those operated or offered by the service supplier itself or by service suppliers with which the service seller has established standing business arrangements;

(b) the acquisition, on their own account or on behalf of their customers (and the resale to their customers) of any transport and related services, including inward transport services by any mode, particularly inland waterways, road and rail, necessary for the supply of the integrated services;

(c) the preparation of documentation concerning transport documents, customs documents, or other documents related to the origin and character of the goods transported;

(d) the provision of business information by any means, including computerised information systems and electronic data interchange (subject to the provisions of the annex on telecommunications);

(e) the setting up of any business arrangements (including participation in the stock of a company) and the appointment of personnel recruited locally (or, in the case of foreign personnel, subject to the horizontal commitment on movement of personnel) with any locally established shipping agency;

(f) acting on behalf of the companies, organising the call of the ship or taking over cargoes when required.

3. "Multimodal transport operator" means the person on whose behalf the bill of lading/multimodal transport document, or any other document evidencing a contract of multimodal carriage of goods, is issued and who is responsible for the carriage of goods pursuant to the contract of carriage.


4. "Maritime cargo handing services" means activities exercised by stevedore companies, including terminal operators, but not including the direct activities of dockers, when this workforce is organised independently of the stevedoring or terminal operator companies. The activities covered include the organisation and supervision of :

- the loading/discharging of cargo to/from a ship;- the lashing/unlashing of cargo;- the reception/delivery and safekeeping of cargoes before shipment or after discharge.

5. "Customs clearance services" (alternatively "customs house brokers' services") means activities consisting in carrying out on behalf of another party customs formalities concerning import, export or through transport of cargoes, whether this service is the main activity of the service provider or a usual complement of its main activity.

6. "Container station and depot services" means activities consisting in storing containers, whether in port areas or inland, with a view to their stuffing/stripping, repairing and making them available for shipments.

7. "Maritime agency services" means activities consisting in representing, within a given geographic area, as an agent the business interests of one or more shipping lines or shipping companies, for the following purposes:

- marketing and sales of maritime transport and related services, from quotation to invoicing, and issuance of bills of lading on behalf of the companies, acquisition and resale of the necessary related services, preparation of documentation, and provision of business information;

- acting on behalf of the companies organising the call of the ship or taking over cargoes when required.

8. "Freight forwarding services" means the activity consisting of organising and monitoring shipment operations on behalf of shippers, through the acquisition of transport and related services, preparation of documentation and provision of business information.

_______________

List of Article II (MFN) Exemptions of the Republic of Cape Verde

Sector or sub-sector Description of measure indicating its inconsistency with Article II

Countries to which the measure applies Intended duration Conditions creating the need for

the exemptionAll sectors Waiver of nationality requirements for the

exercise, in Cape Verde, of certain activities and professions by natural persons supplying services from designated countries.

Countries of Portuguese language - Angola, Brazil, Guinea-Bissau, Mozambique, Portugal, Sao Tome and Principe and Timor.

Subject to the duration of the agreement concerned.

This measure reflects historical links between Cape Verde and these countries.

All sectors Full national treatment is extended to nationals of the countries listed in column 3.

Members of the Economic Community of West African States.

Subject to the duration of the agreement concerned.

To ensure commitments in the context of regional integration.

Audiovisual services Measures based upon co-production agreements of audiovisual works, which confer national treatment to audiovisual works covered by such agreements.

Countries with which such bilateral or plurilateral agreements are in force, now or in the future.

Indefinite. The aim of these agreements is to promote cultural links between the countries concerned.

Audiovisual services Measures granting the benefit of support programmes to audiovisual works, and suppliers of such works meeting certain origin criteria.

Countries with which bilateral or plurilateral agreements are in force, now or in the future, in the area of cultural co-operation.

Indefinite. These programmes aim at preserving and promoting the cultural identity of countries with which Cape Verde has a long-standing cultural links.

Audiovisual services Measures which extend National Treatment to audiovisual works which meet certain origin criteria regarding access to broadcasting transmission.

Countries with which bilateral or plurilateral agreements are in force, now or in the future, in the area of cultural co-operation.

Indefinite. These measures aim, within the sector, to promote cultural values both within Cape Verde, and with other countries, including in the region.

__________

WT/ACC/CPV/30/Add.2

Documents

docsonline.wto.orgdocsonline.wto.org/Dol2FE/Pages/FormerScriptedSearch/... · Web viewEntry for Business Visitors is limited to 90 days in any 12 months. - Intra-Corporate transferees