WORLD TRADE
ORGANIZATIONTN/S/6
10 March 2003
(03-1360)
Council for Trade in Services
Special Session
MODALITIES FOR THE TREATMENT OF AUTONOMOUS LIBERALIZATION
Adopted by the Special Session of the Council for Trade in Services on 6 March 2003
I. INTRODUCTION
1. These modalities for the treatment of autonomous liberalization measures undertaken by a
Member since previous negotiations are established pursuant to Article XIX:3 of the GATS,
paragraph 15 of the Doha Ministerial Declaration (WT/MIN(01)/DEC/1), and paragraph 13 of theGuidelines and Procedures for the Negotiations on Trade in Services (S/L/93).
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2. For the purposes of these modalities, a "liberalizing Member" is a Member seeking credit for
an autonomous liberalization measure; and a "trading partner" is a Member from whom credit is being
sought.
3. An "autonomous liberalization measure" is a measure
(a) subject to scheduling under Part III of the GATS,  and/or leading to the  termination of
an MFN exemption,
(b) compatible with the MFN principle,
(c) undertaken by the liberalizing Member unilaterally,2 since previous negotiations, in
accordance with Article XIX of the GATS,  and
(d) applicable to any or all service sectors.
II. CRITERIA FOR ASSESSING THE VALUE OF AUTONOMOUS LIBERALIZATION
MEASURES
4. In assessing the value of an autonomous liberalization measure, a Member may use the
following illustrative criteria:
(a) sectoral coverage,
                                                     
1 These modalities are without prejudice to the rights and obligations of Members under the GATS.
2 It is understood that liberalization measures undertaken as part of economic reform programmes,
including those under the auspices of the International Monetary Fund and the World Bank, should beconsidered as "autonomous liberalizatio n measures" for the purposes of these modalities, in so far as they meet
the criteria set out in this paragraph.TN/S/6
Page 2
(b) liberalizing nature of the measure concerned (e.g. elimination of measures restricting
market access; elimination of existing measures which are inconsistent with national
treatment and/or MFN),
(c) the date of entry into force and the duration of the measure,
(d) share of the sector in the total trade of the trading partner,
(e) share of the trading partner in the total tr ade in the sector autonomously liberalized by
the liberalizing Member,
(f) importance and impact of the autonomous liberalization measures on the liberalizing
Member's economy,
(g) market potential in the liberalizing Member for the trading partner,
(h) opportunities for the expansion of foreign participation in the sector after the
introduction of the measure,
(i) whether the measure in question has already been scheduled and, if not, whether the
liberalizing Member is willing to do so.3
5. To facilitate the assessment of the value of an autonomous liberalization measure, the
liberalizing Member and its trading partner may agree to use either a qualitative or a quantitative
approach (for example, formulae, improvement indi ces, ranking methods), or a combination of both
approaches.
6. In assessing the value of credits, a Member may use the criteria and approaches set out in
paragraphs 4 and 5 above, as appropriate.
7. In applying the above approaches and criteria, a Member shall take into account the level of
development and the size of economies of individual Members, both overall and in individual sectors.
III. PROCEDURES
8. The application of these modalities may be advanced bilaterally, plurilaterally, or
multilaterally. The granting of credit for autonomous liberalization measures shall be advanced
through bilateral negotiations.
9. A liberalizing Member shall make the autonomous liberalization measure for which credit is
being sought known to its trading partner.  The liberalizing Member may, if it deems it appropriate,
also notify such a measure to the Special Session of the Council for Trade in Services.  It is
understood that such a notification neither guarante es any right for credit, nor implies any obligation
on the part of the liberalizing Member to bind the notified measure.
10. An autonomous liberalization measure notified or made known to a trading partner should
contain information based on the relevant criteria set out in Part II of these modalities, and specify the
credit being sought.  The credit to be sought may take the form of,
                                                     
3 A measure's legal certainty and predictability would be greatly enhanced with a liberalizing Member's
readiness to bind it at the conclusion of the current ne gotiations.  This aspect should be duly taken into account
when assessing both the value of specific autonomous liberalization measures and the corresponding credit.TN/S/6
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(a) a liberalization measure to be undertaken by a trading partner in sectors of interest to
the liberalizing Member under the GATS,
(b) refraining from pursuing a request addressed to the liberalizing Member, or
(c) any other form which the liberalizing Member and its trading partner may agree
upon.
11. A liberalizing Member claiming credit for an autonomous liberalization measure shall be
given adequate opportunity to discuss its request with its trading partner.  If the trading partner
considers that an autonomous liberalization measure is of little or no trading value, it should provide
information on the evaluation as early as possible to allow time for the liberalizing Member to request
further consultations.
12. Any Member may bring to the attention of the Special Session of the Council for Trade in
Services any matter that relates to the application of these modalities.
IV. DEVELOPING COUNTRIES
13. Pursuant to the objectives of the GATS, as stipulated in the Preamble, Article IV, and
Article XIX:2, and in line with paragraph 2 of the Doha Ministerial Declaration, these modalities shall
be used inter alia  as a means of promoting the economic growth and development of developing
countries and their increasing participation in trade in services.
14. In the application of these modalities, and in recognizing and granting credit pursuant to these
modalities, Members shall take fully into account the flexibility provided for individual developing
country Members under the provisions referred to in paragraph 13 above, as well as the level of
development of developing country Members in relation to other Members.  Special consideration
shall be given to the least-developed country Members.
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