ORGANISATION MONDIALE  
DU COMMERCE  S/DCS/W/PNG 
24 janvier 2003 
 (03-0494) 
Commerce des services Original:   anglais 
  
 
PAPOUASIE-NOUVELLE-GUINÉE 
 
Projet de version codifiée de la Liste d'engagements spécifiques
1 
 
 
 On trouvera ci-joint un projet de version codifi ée de la Liste d'engagements spécifiques de la 
Papouasie-Nouvelle-Guinée en format Word.  Ce  document ne remplace pas les engagements 
juridiquement contraignants souscrits par la Papou asie-Nouvelle-Guinée dans sa Liste d'engagements 
spécifiques (GATS/SC/118;  GATS/SC/118/Suppl.1).  
 Le projet de version codifiée de la liste a été établi par le Secrétariat, à la demande des 
Membres, pour faciliter le processus de négociation,  y compris la présentation des offres initiales. 
 
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1 Le présent document a été établi, en anglais seulemen t, par le Secrétariat sous sa propre responsabilité 
et sans préjudice des positions des Membres ni de le urs droits et obligations dans le cadre de l'OMC.  
 S/DCS/W/PNG 
Page 2 PAPUA NEW GUINEA – SCHEDULE OF SPECIFIC COMMITMENTS 
 
Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
I. HORIZONTAL 
COMMITMENTS    
 ALL SECTORS 
INCLUDED IN THIS 
SCHEDULE    
 3) (a) Normal government approval and 
 registration is required for all foreign 
 investors by the Department of Finance 
 and Planning.  For such approval, the  following criteria are, in general, applied: 3) Foreign employees are required to provide on-
the-job training to local employees.  
   (i) provision of new services; 
  (ii) improvement of productive 
 structure of the economy; 
  (iii) viability of the new project 
 especially with respect to foreign  exchange earnings or savings; 
  (iv) implications for employment in 
 Papua New Guinea.   
  (b) Companies incorp orated outside Papua 
 New Guinea must register the name of the  company with the Investment Promotion 
 Authority in Papua New Guinea.   
  (c) Foreign nationals and foreign-owned 
 companies may not purchase land, but 
 may lease from government or land-
 holding groups through the Department of  Lands   
  (d) Subject to certification by respective 
 authority agencies 
 (e) Financial Services  
  Subject to normal Government 
 regulations including approval from Bank  of PNG.    
  S/DCS/W/PNG
 Page 3Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 4) Unbound except for measures affecting the 
entry and temporary stay of natural persons in the following categories: managers
 and 
specialists  who possess knowledge that is 
necessary for the provis ion of the service.  
Entry is limited to those of key importance 
and where employees are unavailable locally.  
Entry is limited to 3 years initially with any extension subject to Department of Labour 
and Employment requirements. 
 4) Unbound except as specified under market 
access.  
II. SECTOR-SPECIFIC 
COMMITMENTS    
 
1. BUSINESS SERVICES 
    
A. Professional Services  
    
(a) Legal Services  
 (CPC 861) 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section 
  
(b) Accounting, auditing and 
bookkeeping services 
 (CPC 862) 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) None 2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section 
  
(c) Architectural Services 
  (CPC 8671) 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section   
 S/DCS/W/PNG 
Page 4 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(d) Engineering Services 
 (CPC 8672)  1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 
  
B. Computer and Related 
Services  
    
(a) Consultancy services 
related to installation of 
computer hardware 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section 
  
F. Other Business Services  
    
(a) Management consulting 
services 
 (CPC 865) 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section 
  
2. COMMUNICATION 
SERVICES 
    
B. Courier Services  in respect 
of documents and parcels 
excluding letters and postcards 
 (CPC 7512)     
  S/DCS/W/PNG
 Page 5Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
C. Telecommunication Services  
    
(a) Voice telephone services 
(CPC 7521) 
(b) Packet-switched data 
Transmission services (CPC 7523**) 
(c) Circuit-switched data 
transmission services 
 (CPC 7523**) 1) Only through the network of TELIKOM PNG 
Ltd. 
2) Alternative calling or call back are not 
allowed. 
3) - All Telecommunication Services are 
 subjected to a five year exclusivity (1997-
 2002) to TELIKOM PNG Ltd. as the  monopoly service provider. 1) None 
 
2) None 
 3) None Papua New Guinea 
subscribes to the 
regulatory principles 
annexed to this schedule. 
(d) Telex services (CPC 
7523**) 
(e) Telegraph services  
 (CPC 7522) 
(f) Facsimile services  (CPC 7521**+ CPC 
7529**) 
(g) Private leased circuit 
services (CPC 7522**+ 
CPC 7523) 
(o) Others 
 
 Digital Cellular services 
(CPC 75213*)  - The issuance of additional operating 
 licenses and their terms and conditions  will be considered and announced at least 
 two years prior to the end of the 
 exclusivity period. 
 - Telikom PNG Ltd is designated as 
 signatory to the INTELSAT Operating 
 Agreement. 
 - Under the Articles of Association and 
 Memorandum of Articles of Telikom 
 PNG Ltd, Telikom PNG Ltd reserves the 
 right to set up subsidiary companies in 
 business ventures on particular services of  telecommunications  
  
 
 Paging services (CPC 
75291) 
 4) Unbound except as indicated in the horizontal 
section 4) Unbound except as indicated in the horizontal 
section  
 Personal Communications 
services  (CPC 75213*) 
 
 Trunked Radio System 
services (CPC 7523**, 
CPC 75213*) 
  Mobile Data Services 
 (CPC 7523**)     
 S/DCS/W/PNG 
Page 6 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
3. CONSTRUCTION AND 
RELATED ENGINEERING 
SERVICES 
    
A. General Construction Work 
for Buildings  
 (CPC 512) 
 1) Unbound∗ 
2) None 
3) None 1) Unbound* 
2) None 
3) Subject to determinations in favour of national 
companies set by the ministries according to the National Executive Council or authority 
responsible for providing the Government 
regulations.  This determination is based on Kina value of the construction, currently at 
K500,000, which is reviewed periodically 
subject to economic factors which would affect the cost of construction.  
 4) Unbound except as indicated in the horizontal 
section 4) Unbound except as indicated in the horizontal 
section 
  
B. General Construction Work 
for Civil Engineering  
 (CPC 513) 1) Unbound* 
2) None 1) Unbound* 
2) None  
 3)  None 
 
 
  
 
  
 
4) Unbound except as indicated in the horizontal 
section 3) Subject to determinations in favour of national 
companies set by the ministries according to the 
National Executive Council or authority 
responsible for providing the Government regulations.  This determination is based on 
Kina value of the construction, currently at 
K500,000, which is reviewed periodically subject to economic factors which would affect 
the cost of construction. 
4) Unbound except as indicated in the horizontal 
section  
                                                      
∗ Unbound due to lack of technical feasibility.  
  S/DCS/W/PNG
 Page 7Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
7. FINANCIAL SERVICES 
    
B. Banking and Other 
Financial Services  
    
(a) Acceptance of deposits and 
other repayable funds from 
the public 
 (CPC 81115 - 81119)  1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section 
  
 
(b) Lending of all types, 
including inter alia , 
consumer credit, mortgage 
credit, factoring and financing of commercial 
transaction 
 (CPC 8113)  1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section 
  
(c) Financial leasing 
 (CPC 8112) 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section 
  
(e) Guarantees and 
commitments 
 (CPC 81199) 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section  
(f) Trading for own account or 
for account of customers, whether on an exchange, in 
an over-the-counter market 
or otherwise, the following:     
 S/DCS/W/PNG 
Page 8 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
- money market instruments 
(cheques, bills, certificate of deposits, etc.) 
 (CPC 81339) 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 
  
- foreign exchange 
 (CPC 81333) 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section 
  
- transferable securities 
 (CPC  81321) 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section 
  
 
9. TOURISM AND TRAVEL 
RELATED SERVICES 
    
A. Hotel and Restaurants  
(including catering) 
 (CPC 641-643) 
    
 Hotels 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section 
  
 Restaurants 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section 
  
  
  S/DCS/W/PNG
 Page 9Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
11. TRANSPORT SERVICES 
    
A. Maritime Transport 
Services  
    
(a) Passenger transportation 
 (CPC 7211) 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section 
  
(b) Freight transportation 
 (CPC 7212) 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section  S/DCS/W/PNG 
Page 10  
 
  
REFERENCE PAPER  
Scope  
  The following are definitions and principl es 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 mate rially affect the terms of participation 
(having regard to price and supply) in the releva nt 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 comp etitors with anti-competitive results;  and 
  (c) not making available to other services suppliers on a timely basis technical 
 information about essential facilities and co mmercially relevant information which 
 are necessary for them to provide services.  
 2. Interconnection
 
 2.1 This section applies to linking with supplie rs 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.  S/DCS/W/PNG 
 Page 11 
 
 
  
2.2 Interconnection to be ensured  
  Interconnection with a major supplier will be en sured at any technically feasible point in the 
network.  Such interconnection is provided. 
 
 (a) under non-discriminatory terms, cond itions (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 unb undled 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 th e 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 pro cedures for interconnection negotiations
 
  The procedures applicable for interconnecti on 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 te rms, conditions and rates for interconnection within 
a reasonable period of time, to the extent th at these have not been established previously. 
 
3. Universal service
 
  Any Member has the right to define the ki nd 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-discriminator y and competitively neutral manner and are not more 
burdensome than necessary for the kind of universal service defined by the Member. 
 S/DCS/W/PNG 
Page 12  
 
 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 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 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 obj ective, timely, transparent and non-discriminatory 
manner.  The current state of allocated frequency ba nds will be made publicly available, but detailed 
identification of frequencies allocated for specific government uses is not required
 
 
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