RESTRICTED  WORLD TRADE  
ORGANIZATION  S/C/W/248  
19 November 2004 
 (04-5035) 
Council for Trade in Services Original:   English 
  
 
 
COMMUNICATION FROM THE REPUBLIC OF KOREA 
 
The Second Review of MFN Exemptions
 
 
 
 The following communication, dated 17 Nove mber 2004 from the delegation of the Republic 
of Korea is being circulated to the Memb ers of the Council for Trade in Services. 
 
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1. As in the first review on MFN exemption measures during 2000, Korea attaches greatest 
importance to this exercise, since MFN exemptions should be kept to minimum in order to maintain 
and strengthen the application of the GATS principl es.  This second review, if constructively carried 
out, will contribute to clarification and understandi ng of the existing MFN exemption measures by 
Members, and will facilitate services negotiati ons under the DDA for further liberalization. 
2. After the first review in 2000, Hong Kong, Chin a, Japan and Korea have submitted a proposal 
(S/C/W/173) for further discussion on the MFN exemptions.  Based on that proposal, Korea would like to raise questions on exemption measures which were not adequately addressed or need further 
clarification, specifically those measures which,  in our view, may give rise to less favourable 
treatment stipulated in the specific commitments Members have made.  Korea would appreciate if 
Members would provide their responses in advance, if possible, or orally during the review.   
3. These questions are not, however, exhaustive a nd thus Korea may raise further questions, 
orally and in writing, prior to and during the review session. 
Armenia   
Page 10, Audiovisual Services 4. Regarding ‘production and distribution of mo tion picture’, please clarify the relationship 
between specific commitments, where there are no rest rictions, except NT restrictions on subsidies in 
the horizontal commitments and the exemption meas ures where bilateral or multilateral agreements 
are required. 
Argentina Page 9, Telecommunication services 
5. Where does ‘the provision of satellite faciliti es of geostationary satellites operating fixed 
satellite services’ fit in the  sectoral classification? 
 S/C/W/248 
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 Bangladesh 
Pages 16, Telecommunication services 
6. Have there been reviews whether the conditions  which created the need for this exemption 
still prevail, especially in light of the recent di spute settlement case on telecommunications in GATS, 
and considering the fact that their intended durations were 10 years?  
Bulgaria Page 2(Corr.1), Legal Services  
7. Regarding ‘foreign legal consultants’ advi sory services’, please clarify the relationship 
between the specific commitments, where there ar e no restrictions, and the exemption measure on 
legal services which requires preferential arrangements for full national treatment. 
Dominican Republic Page 57, Legal Services 
8. Regarding ‘legal advisory and information ser vices’, please clarify the relationship between 
the specific commitments, where there are no restrictions, and the exemption measure on legal services (which requires reciprocity). 
Page 57, Auditing and accounting services  
9. Regarding ‘financial auditing services’ and ‘ accounting review services’, please clarify the 
relationship between the specific co mmitments, where there are no c ountry specific restrictions, and 
the exemption measures in auditing and accoun ting services, which are based on reciprocity. 
Page 57, Dental, physiotherapy, me dical, paramedical and nursing services 
10. Regarding ‘medical and dental practice servi ces’, please clarify the relationship between the 
specific commitments, where there are no country specific restrictions, and the exemption measure in 
dental, physiotherapy, medical, paramedical a nd nursing services, which is based on reciprocity. 
Page 57, Architectural and engineering services 
11. Regarding ‘architectural services and engineering services’, please clarify the relationship 
between the specific commitments, wh ere there are no country specific restrictions, and the exemption 
measure, which is based on reciprocity. 
Georgia 
Page 80, Fishing related services 
12. Regarding ‘services incidental to fishing’, pl ease clarify the relationship between the specific 
commitments, where there are no restrictions, and the exemption measure, which is based on reciprocity. 
Page 80, Motion picture or video tape production service   S/C/W/248 
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 13. Regarding ‘motion picture and video tape pr oduction services’, please clarify the relationship 
between the specific commitments, where there ar e no restrictions, and the exemption measures, 
where bilateral agreements are needed.  In particul ar, please clarify whether other kinds of preferential 
treatments not subject to MA, NT, AC limitations are provided. 
14. India 
Pages 90, Telecommunication services  
15. Have there been reviews whether the conditions  which created the need for this exemption 
still prevail, especially in light of the recent dis pute settlement case on telecommunications in GATS?  
16. The Hashemite Kingdom of Jordan 
Page 94, Land use 
17. Regarding ‘land use’, please clarify the relati onship between the specific commitments, where 
Cabinet authorization or approval is needed, and the exemption measure, which is based on 
reciprocity.  In particular, please identify whether th e Cabinet authorization or approval requires such 
condition of reciprocity.  
Page 96, Audio-visual services 
18. Regarding ‘production and distribution of cinematographic works’, please clarify the 
relationship between the specific commitments, whic h require foreign equity to 50% and Jordanian 
nationality, and the exemption measure which basically  requires bilateral agreements or arrangements. 
Lithuania 
Page 106, Legal services  
19. Regarding ‘legal consultant’s advisory servi ces’, please clarify the relationship between the 
specific commitments, where there are no restric tions and the exemption measure which require 
bilateral agreements. How are legal consultants di fferent from attorneys who participate as advocates 
in court? 
The former Yugoslav Republic of Macedonia 
Page 109, Real estate and Land 
20. Regarding ‘real estate and land’, please clarify the relationship between the specific 
commitments, where there are no entry for restrictions and the exemption measures which are basically based on reciprocity. 
Page 110, Legal services 
21. Regarding ‘consultancy on home country, forei gn and international law’, please clarify the 
relationship between the specific commitments wher e there are no restrictions and the exemption 
measure which is basically based on reciprocity.  
Pakistan 
Pages 131, Telecommunication services S/C/W/248 
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 22. Have there been reviews whether the conditions  which created the need for this exemption 
still prevail, especially in light of the recent dis pute settlement case on telecommunications in GATS?  
Panama 
Page 132, Professional services  
23. Regarding ‘legal services’ as defined in th e specific commitments, please clarify the 
relationship between the specific commitments, where there are no restrictions, and the exemption 
measure in professional services, which requires reciprocity. Are legal services included in professional services? 
Page 132, Audiovisual services 
24. Regarding ‘motion picture and video tape production and wholesale distribution services’, 
please clarify the relationship between the specific commitments, where there are no restrictions in 
MA, and the exemption measures where specific arrangements are required.  
Sri Lanka 
Pages 157, Telecommunication services 
25. Have there been reviews whether the conditions  which created the need for this exemption 
still prevail, especially in light of the recent dis pute settlement case on telecommunications in GATS?  
The Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu 
Page 167, Acquiring the Rights and Interests in Lands 
26. Regarding ‘acquiring the rights and interests in lands’, please clarify the relationship between 
the specific commitments, where restricted sectors were listed, and the exemption measures where 
permitted sectors are listed. Are fo reigners without reciprocal arrangements allowed to acquire rights 
and interests in non-restricted sectors? 
Thailand 
Page 168, Auditing services 
27. Regarding ‘accounting, auditing and bookkeep ing services’, please clarify the relationship 
between the specific commitments, wh ere there are no country specific restrictions, and the exemption 
measure in auditing services which is based on reciprocity treatment. 
Turkey 
Page 178, Professional services 
28. Regarding ‘legal services’, ‘accounting, aud iting and bookkeeping services’, and ‘engineering 
and architectural services’ , please clarify the rela tionship between the specific commitments, where 
there are no country specific restrictions, and the exemption measure in professional services, which 
is based on reciprocity. Are those services included in the professional services? 
Pages 179, Telecommunication services  S/C/W/248 
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 29. Have there been reviews whether the conditions  which created the need for this exemption 
still prevail, especially in light of the recent dis pute settlement case on telecommunications in GATS?  
Venezuela 
Page 207, Radio amateurs 
30. Please explain how ‘radio amateurs’ service is pr ovided. Is it provided on a commercial basis 
in Venezuela? 
 
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