RESTRICTEDWORLD TRADE
ORGANIZATIONS/C/W/140/Add.1
22 May 2000
(00-2088)
Council for Trade in Services Original:  English
COMMUNICATION FROM JAPAN
Review of Article II Exemptions
Questionnaire on the List of MFN Exemptions
Addendum
The attached paper has been received from the delegation of Japan with the request that it be
circulated to Members of the Council for Trade in Services.
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With regard to the first session of the Review of MFN exemptions, to be held on 29 and
30 May 2000, we have prepared the following questions, adding to the ones which we had already
submitted on 8 May (S/C/W/140) for consideration by the Members.  In order to proceed in an
efficient manner at the above session, we should be grateful if we could receive, where possible,
written replies from all concerned in advance of the meeting.
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A. ALL SECTORS
Costa Rica, page 3, with All countries
253. Please provide concrete examples of the term "preferential treatment" mentioned in column 5.
254. Please provide a list of the countries with which Costa Rica has concluded "bilateral treaties
for the promotion and protection of investment", mentioned in column 2, to date.
255. Please explain, with specific examples, how and to what extent this measure has been
promoting and protecting foreign investment in Co sta Rica and with countries which Costa Rica has
concluded bilateral treaties over the past five years.
256. Is it possible for the countries with which Costa Rica has already concluded bilateral treaties
to accord the treatment to the other WTO Members on an MFN basis?
Cyprus, page 5, with Member countries of the European Union and the EFTA countries
257. It is noted in column 5 that "[a] gradual liberalization of commercial presence and in
particular capital flows between Cyprus and the European Union is needed as a transitory measure in
order to gradually prepare Cyprus for full member ship in the EU".  Japa n would like to know howS/C/W/140/Add.1
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Cyprus intends to phase out the restrictions to be removed before full membership in the EU. Please
explain the whole procedure.
258. Please explain why Cyprus is unable to specify the actural duration of the measure when it is
only "a transitory measure" as noted in column 5.
El Salvador, page 7, with El Salvador, Gu atemala, Honduras, Nica ragua and Costa Rica
259. Please specify the measures which are inconsistent with Article II of the GATS.
260. Please explain why El Salvador has not notified the "General Treaty of Central American
Economic Integration" to the Council for Trade in Services in accordance with Article V of the
GATS.
261. The MFN exemption of Honduras, registered on page 13, is also based on the "Treaty of
Central American Economic Integration".  Please explain why the countries to which this measure
applies for El Salvador are different from those for Honduras.
262. Although Nicaragua and Costa Rica are me mbers of the Central American Economic
Integration, they do not register any MFN exemptions. We would like to know whether El Salvador
can also provide preferential measures based on this treaty to all WTO Members on an MFN basis
like Nicaragua and Costa Rica.
EC, Page 9, with Switzerland
263. Does the EC plan to conclude bilateral agreements with other countries besides Switzerland
with the same objective as this measure, as indicated in column 2?  If so, please provide the names of
the countries.
Guatemala, page 11-12, 1-5
264. Please specify the measures which are inconsistent with Article II of the GATS.
Guatemala, page 11
265. Please explain why Guatemala has not notified the General Treaty of Central American
Economic Integration to the Council for Trade in Services in accordance with Article V of the GATS.
Guatemala, page 12, with the United States
266. Please explain, with specific examples, how and to what extent this measure has been
promoting investment in Guatemala and in the United States over the past five years.
267. Is it possible for the United States to accord the treatment to other WTO Members on an MFN
basis?
Honduras, page 13, El Salvador, Guatemal a, Honduras, Nicaragua and Costa Rica
268. Please specify the measures which are inconsistent with Article II of the GATS.
269. Please explain why Guatemala has not notified the General Treaty of Central American
Economic Integration to the Council for Trade in Services in accordance with Article V of the GATS.S/C/W/140/Add.1
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270. The MFN exemptions of Guatemala (page 12) and El Salvador (page 7) are also based on the
"Treaty of Central American Economic Integration".  Please explain why the countries to which this
measure applies for Honduras are different from the countries for Guatemala or El Salvador.
271. Although Nicaragua and Costa Rica are me mbers of the Central American Economic
Integration, they do not register any MFN exemp tions. We would like to know whether Honduras can
also provide preferential measures based on this treaty to all WTO Members on an MFN basis like
Nicaragua and Costa Rica.
Kuwait, page 14, with All countries
272. We would like to know what kind of preferential measures are applied to the countries with
which Kuwait has concluded bilateral or multilateral agreements that refer to these measures. Please
explain in a specific manner.
273. Please provide a list of the countries with which Kuwait has concluded bilateral or
multilateral investment protection treaties that refer to these measures to date.
274. Please explain, with specific examples, how and to what extent this measure has been
promoting investment in Kuwait, as well as in the countries where the measure has been applying
over the past five years.
275. Is it possible for the countries, to which this measure applies, to accord the treatment to other
WTO Members on an MFN basis?
Malta, all sectors, page 16
276. Please explain the future prospect, as well as the process, for Malta to accomplish integration
into the EU in relation to the relevant provisions of the GATS Article V.
Panama, All sectors, page 17, with Guatemala, El Salvador, Nicaragua, Costa Rica and
Honduras
277. Please specify the measures which are inconsistent with Article II of the GATS.
Panama, all sectors, page17, with the United States
278. It is understood that the Panama Canal Treaties, which supplied preferential treatment to the
United States, has lost its effect on December 31, 1999. Are there any reasons to keep this measureregistered as a MFN exemption?
Philippines, page 18
279. Do the Philippines have any plan to conclude new bilateral agreements with other countries
concerning the entry rights for traders and investors?  If so, please provide the name of such countries.
Poland, page 19, with All countries, commercial presence notions
280. Please specify in concrete terms what kind of preferential measures are granted to those
countries with which Poland has concluded any one of the agreements mentioned in column 2.
281. Please provide a list of all the treaties and agreements relating to this measure to date as well
as the names of the countries indicated.S/C/W/140/Add.1
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282. We would like to know why Poland had, at the outset, to apply reciprocal provisions to
existing agreements.  Does Poland have an intention to take such reciprocal provisions in future
agreements as well?  If so, please provide the specific reasons.
283. Is it possible for the countries with which Poland has concluded an agreements to accord such
treatment to other WTO Members on an MFN basis?
Solomon Islands, page 21, with Member states of the MSG, Vanuatu, Papua New Guinea
284. Please describe in specific terms the meaning of the phrase, "the process of expanding links
between the states including with  respect to trade in goods and services" stated in column 5.
Sweden, page 22
285. Does Sweden plan to conclude new bilateral agreements with countries other than
Switzerland "with the objective of providing for the movement of all categories of natural persons
supplying services," as stated in column 2?  If so, please provide the names of such countries.
Switzerland, page 22
286. The measure concerning "permanent residency" is not within the scope of the jurisdiction of
the GATS (Annex on the Movement of Natural Persons, para. 2). Does Switzerland have special
reason for registering this measure in the list?
Trinidad and Tobago, page 23
287. We would like to know what kind of preferential measures are granted to co-signatory
countries. Please explain in specific terms.
288. Please provide the names of the countries with which Trinidad and Tobago has concluded
bilateral investment promotion and protection treaties to date.
289. Please explain, with specific examples, how and to what extent this measure has been
promoting and protecting investment in Trinidad and Tobago and in the countries to which the
measure has applied over the past five years.
290. Is it possible for the countries to which this measure applies to accord the treatment to other
WTO Members than Trinidad and Tobago on an MFN basis?
Turkey, page 25
291. Please indicate the names of "certain countries " referred to in column 2, b) ii).  Please
explain, with specific examples, how and to what extent this measure has been promoting and
protecting investment in Turkey and in the countries to which the measure has applied over the past
five years.
292. Is it possible for the countries to which this measure applies to accord the treatment to other
WTO Members than Turkey on a MFN basis?S/C/W/140/Add.1
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Turkey, All sectors, page 26, with Libya
293. If this measure is based on bilateral treatment between Turkey and Libya, please provide the
name of the treaty.  What is the reason for Turkey  providing preferential treatment to only Libya
among the other neighbouring countries?
Turkey, page 26, with all countries
294. How many countries grant reciprocal treatment to Turkish nationals?
295. It is understood from column 2 that Turkey maintains this measure on the basis of reciprocity.
Has such a measure really contributed to the granting of similar treatment to Turkish nationals in
those countries?  Please explain with specific examples how effectively Turkey can benefit from such
reciprocity, compared to those countries which do not have this kind of measure.
296. Please explain why Turkey has registered a measure which only covers real estate, and not all
sectors, as an MFN exemption.
B. BUSINESS SERVICES
Bulgaria, Legal, page 34
297. What is the rational reason behind for provid ing national treatment to only the companies
established in, and the citizens of, the countries mentioned in column 3?
Bulgaria, Medical and Dental Services, page 34
298. Please provide a list of all the bilateral agreements, as well as the names of the countries, to
which the preferential measures mentioned in column 2 are applied.
C. COMMUNICATION SERVICES
Argentina, Telecommunications, page 40
299. Please provide the names of all the countries to which this measure applies under the
conditions of reciprocity.
300. Please explain in specific terms how and to what extent domestic satellite systems have been
developed over the past five years (in relation to this measure).
Bangladesh, Telecommunication, page 40
301. There is a common understanding that the application of different accounting rates under the
International Telecommunications Regulations would not give rise to action by Members under the
dispute settlement of the WTO. In the light of  the foregoing, we would like to know whether
Bangladesh has any special reasons for listing this measure.
Colombia, Telecommunication, page 41
302. Please specify the names of the countries making up the "Andean Group countries".S/C/W/140/Add.1
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Bulgaria, AV, page 48
303. We would like to know how Bulgaria draws th e line between those "countries with which
cultural co-operation may be desirable", mentioned column 3, and those countries with which this
may not.  Please explain in precise terms, referring to objective criteria.
304. The condition creating the need for the exemption is cultural.  Please explain why such
cultural objectives cannot be achieved by granting the same treatment to all WTO Members without
deviating from the multilateral trade framework.
Israel, AV, page 61
305. Please provide the names of all the countries with which Israel has concluded a co-production
agreement to date.
306. Please explain in concrete terms how and to what extent such "cultural policy" objectives
have been achieved over the past five years (in relation to this measure).
Poland, AV, page 66
307. The condition creating the need for the exemption is cultural.  Please explain why such
cultural objectives cannot be achieved by granting the same treatment to all WTO Members without
deviating from the multilateral trade framework.
308. We would like to know the policy background as to why an MFN exemption is necessary for
preserving and promoting "regional identity"
Slovak Republic, AV, page 68
309. Please provide the names of all the countries with which the Slovak Republic has a concluded
co-production agreement to date.
310. The condition creating the need for the exemption is cultural.  Please explain why such
cultural objectives cannot be achieved by granting the same treatment to all WTO Members without
deviating from the multilateral trade framework.
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