RESTRICTED
WORLD TRADE S/WPPS/M/11
16October 1997
ORGANIZATION
(97-4495)
Working Party onProfessional Services
NOTE ONTHE MEETING HELD ON22SEPTEMBER 1997
Note bytheSecretariat
1. TheWorking Party onProfessional Services helditstenth meeting on22September 1997.
Theagenda forthemeeting wascontained inairgram WTO/AIR/667.
2. Following theadoption oftheagenda, theChairman noted thatasecond letterhadbeenreceived
fromIFAC andcirculated toMembers (JobNo.5069), concerning additional disciplines onqualification
requirements, qualification procedures andtechnical standards.
Work Pursuant toParagraph 2(a)oftheDecision onProfessional Services
3. Thechairman thendrew theattention ofparticipants totheinformal noteprepared bythe
Secretariat, Disciplines onDomestic Regulation intheAccountancy Sector, dated 15August (Job
No.4520). TheChairman introduced theSecretariat note, pointing outthatitwasacompilation of
theprevious proposals byMembers andnotintended asanapproximation offinaldisciplines. In
addition, thenon-paper fromJapan (JobNo.4296) andtherecent communication fromIndia (W/19)
hadnotyetbeenincorporated. Participants agreed tostartdiscussion onthebasis oftheSecretariat
note, withthefollowing main points emerging from thediscussion.
4. Regarding general comments, many delegations saidtheyconsidered theSecretariat notean
accurate compilation ofMember proposals, butthatitwasessential toinclude thesections on"General
Objectives" and"Definitions" atanearlystage, together withthecontents ofthecommunication from
India andthecomments byJapan. Considerable duplication waspresent within thecurrent draft, and
should beeliminated. Theordering ofheadings should bechanged, withLicensing Requirements and
Qualification Requirements appearing before Licensing Procedures andQualification Procedures,
respectively. Subheadings needed toberevised oreliminated. Theoverlap ofseveral oftheproposed
disciplines withexisting GATS measures alsoneeded tobeavoided.
5. Regarding Section III,Transparency ofRegulations, delegations saidthatthesubheadings on
transparencyshouldbeeliminated,withallsuchprovisionsgroupedtogetherunderasingleTransparency
heading. Onedelegation saiditmight behelpful tostatetheexisting GATS disciplines affecting the
accounting sector, together withanynewdisciplines thatmight becreated, inorder tohaveallthe
relevant disciplines listed together. Some delegations questioned theneedforatransparency section
inanyform, asking whether itwasnecessary togobeyond theexisting provisions ofGATS Article III
and,ifso,onwhatbasis? Inthiscontext, theissueoftheadministrative burden ofmultilateral disciplines
wasalsoraised. Several delegations responded bystating thatthepurpose ofanyadditional disciplines
wasto"addvalue"totheGATS,byassistingrule-makersandclarifyingtheexistingGATSrequirements.
./.S/WPPS/M/11
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6. ConcerningSectionIVonLicensingProcedures,anumberofdelegationsstatedthattheproposal
torequire regulators toprovide aclearstatement ofthereasons forrejection ofanapplication should
belimited tospecific requests from applicants, rather thanbeing ageneral requirement. Several
delegations suggested thattheterms "designated" and"conveyed" bereplaced byalternatives such
as"indicated" and"made available", respectively. Some delegations saidthattheuseoftheword
"promptly" wasunnecessary, while others feltitshould beretained.
7. Several delegations asked thatthedesignated timelimits within some proposals bereplaced
by"within areasonable period", while other delegations stated thatspecific timelimits wereneeded
togiveeffect tothedisciplines concerned. Another delegation stated thattheterm"strictest confidence,"
regarding thetreatment ofapplications, would conflict withtransparency provisions indomestic law.
Definitions were alsorequested fortheterms "onerous conditions" and"additional constraints", as
stated within theproposed disciplines. Inregard todisciplines onlicensing fees,anumber ofdelegations
saidthathigher feesforforeign applicants maybejustified, butonlytotheextent theyreflect anyhigher
costs actually incurred.
8. Regarding Section VonLicensing Requirements, several delegations stated thattheproposal
concerning theavailability oflistsoflicensed professionals should refertoexisting listings within the
jurisdictions concerned, rather thanaconsolidated national listing. Overlapping proposals concerning
objectivity should bemerged, Members stated, andtheduplication eliminated. Some delegations said
theproposal regarding membership inprofessional organizations wastoodetailed, while others asked
thatitremain unchanged.
9. Manydelegationsexpresseddifficultieswiththeproposeddisciplinesonresidencyandcitizenship
requirements, including theirobvious overlap withexisting GATS disciplines under Articles XVIand
XVII, andurged thattheyberemoved from thetext. Other delegations disagreed withthewording
ofcertain proposals, butstressed thatitwasimportant tostrengthen existing disciplines inthisarea.
Some delegations saidthattheproposal regarding theuseoffirmnames wasunnecessary, while another
delegation saidtheword"international" should beincluded. Onedelegation pointed outthattheproposal
regarding internationally agreed minimum requirements forlicensing wasnotworded asadiscipline,
another delegation saidthatitoverlapped withother proposed measures. Theissue ofconsultations
between hostandhome country authorities wasabilateral affair, some delegations stated; others
indicated thattheproposal concerned wasuseful, butneeded tobeclarified.
DateofNext Meeting
10. Itwasagreed toresume thediscussion oftheinformal noteprepared bytheSecretariat ina
meeting oftheWorking Party tobeheldon10October. Itwasagreed thattheSecretariat would prepare
arevised version oftheinformal notedated 15August 1997, incorporating themainpoints emerging
from thediscussion aswellasthenon-paper from Japan andthecommunication from India.