WORLD TRADE  
ORGANIZATION  TN/S/O/USA 
9 April 2003 
 (03-2003) 
Council for Trade in Services 
Special Session Original:   English 
 
  
COMMUNICATION FROM THE UNITED STATES 
 
Initial Offer
 
  
 The following initial offer has been receive d from the delegation of the United States on 
31 March with the request that it be circulated to Members of the Council for Trade in Services. 
 
_______________
 
 
 
 
Introduction 
 
1. Recognizing WTO Members commitment in these negotiations to achieve a progressively higher level of liberalization and to provide effectiv e market access, and recognizing that current U.S. 
commitments under the GATS already provide among the highest levels of effective market access, in 
response to requests received from Members the United States proposes the following new commitments. 
 2. Consistent with GATS Article I.3(b) and (c), this offer applies only to services open to private 
sector participants, unless otherwise indicated, in the attached draft schedules, and does not include the 
right to acquire or invest in government monopolies s upplying services included within any of the sectors 
or sub-sectors covered by this offer.  3. Under these proposed new GATS obligations, as under current obligations, the United States will 
continue to be able to establish, maintain, and fully enforce its domestic laws protecting, inter alia, 
consumers, health, safety, and the environment, as well as take actions it considers necessary for the 
protection of its essential security interests.  4. The United States will consider adopting new obligations under the GATS regarding transparency 
in regulation of services if other WTO Members are prepared to do so as well.  The United States looks forward to work on these issues in b ilateral request-offer discussions as well as in other appropriate WTO 
fora.  5. The United States reserves the right to withdraw, m odify, or reduce this offer, in whole or in part, 
including necessary amendments to the offer regarding listing of tax measures, at any time prior to the 
conclusion of the negotiations.  6. The United State further reserves the right to make  technical changes to this offer and to correct 
any errors, omissions, or inaccuracies.
 
  TN/S/O/USA 
Page 2 
UNITED STATES – INITIAL OFFER 
 
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
I. HORIZONTAL COMMITMENTS  
 
ALL SECTORS COVERED BY THIS SCHEDULE :  For the purpose of this schedule the "United States" is defined as encompassing the 50 states of the United 
States, plus the District of Columbia. 
 
All Sectors:  Temporary 
Entry And Stay of Natural Persons
1  
4) Unbound, except for measures concerning 
temporary entry and stay of nationals of another member who fall into the categories listed below:   
4) Unbound  
 
 
  
Services Salespersons  - persons not based in the 
territory of the United States and receiving no remuneration from a source located within the United States, who are engaged in activities related to representing a services supplier for the purpose of negotiating for the sale of the services of that supplier wh ere:  a) such sales are 
not directly made to the general public and b) the salesperson is not engaged in supplying the service.  Entry for persons named in this section is limited to a ninety-day period.  
  
 
                         
 1"Temporary entry" means entry without intent  to establish permanent residence under immi gration laws of the US and confers no r ights with respect to citizenship.  
US commitments regarding entry and temporary stay in th e US do not apply in cases of  labor/management disputes.   TN/S/O/USA 
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
  
Intra-corporate Transferees  - managers, 
executives and specialists, as defined below, who are employees of firms that provide services within the United States through a branch, subsidiary, or affiliate established in the United States and who have been in the prior employ of their firm outside the United States for a period of not less than one year immediately preceding the date of their application for admission and who are one of the following:  
  
 
   
a) Managers  - persons within an 
organization who primarily direct the organization, or a department or sub-division of the organization, supervise and control the work of other supervisory, professional or managerial employees, have the authority to hire and fire or recommend hiring, firing, or other personnel actions (such as promotion or leave authorization), and exercise discretionary authority over day-to-day operations.  Does not include first-line supervisors, unless the employees supervised are professionals, nor does it include employees who primarily perform tasks necessary for the provision of the service.  
  
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
  
b) Executives  - persons within the 
organization who primarily direct the management of the organization, establish the goals and policies of the organization, exercise wide latitude in decision-making, and receive only general supervision or direction from higher-level executives, the board of directors, or stockholders of the business.  Executives would not directly perform tasks related to the actual provision of a service or services of the organization.  
  
 
   
c) Specialists  - persons within an 
organization who possess knowledge at an advanced level of continued expertise and who possess proprietary knowledge of the organization's services, research equipment, techniques, or management.  (Specialists may include, but are not limited to, members of licensed professions.)   
  
 
   
Entry for persons named in this section is 
limited to a three-year period that may be extended for up to two additional years for a total term not to exceed five years.  
  
   TN/S/O/USA 
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
  
Personnel Engaged in Establishment  - A person 
who has been employed in the immediately preceding year by an entity described in Section II, receiving remuneration from that source, who occupies a managerial or executive position with that entity and is entering the territory of the United States for the purpose of establishing an entity described in Section II that will support employment of persons named in paragraphs a), b), and c) therein.  The subject persons shall present proof of acquisition of physical premises for the entity that shall commence its business operations within one year of the date of entry of that person.  
  
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
  
Fashion Models and Specialty Occupations  - Up 
to 65,000 persons annually on a worldwide basis in occupations as set out in 8 USC. ' 1101 (a) (15) (H) (i) (b), consisting of (i)  fashion models who are of distinguished merit and ability; and (ii) persons engaged in a specialty occupation, requiring (a) theoretical and practical application of a body of highly specialized knowledge; and (b) attainment of a bachelor's or higher degree in the specialty (or its equivalent) as a minimum for entry into the occupation in the United States.  Persons seeking admission under (ii) above shall possess the following qualifications: (a) full licensure  in a US state to practice in the occupation, if such licensure is required to practice in the occupation in that state; and (b) completion of the required degree, or experience in the specialty equivalent to the completion of the required degree and recognition of expertise in the specialty through progressively responsible positions relating to the specialty.  Entry for persons named in this section is limited to three years.  
  
   TN/S/O/USA 
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
  
Specialty occupation aliens and their employers 
must be in compliance with all labor condition application requirements that are attested to by the established employer.  These requirements are: a) wages paid to the person are the greater of: 1) the actual wage paid by the employer to individuals in that place of employment with similar qualifications and experience, or 2) the prevailing wage for that occupational classification in the area of employment; b) conditions of work are such that they will not adversely affect working conditions for those similarly employed; c) there is no strike or lockout in the course of a labor/management dispute in progress at the place of employment affecting the subject occupation; labor/management dispute in progress at the place of employment;  
  
  TN/S/O/USA 
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
  
d) the employer has not laid off or otherwise 
displaced workers in the subject occupation in the previous six months and will not lay off or displace any US worker during the 90-day period following the filing of an application or the 90-day periods preceding and following the filing of any visa petition supported by the application; e) the employer has taken and is taking timely and significant steps to recruit and retain sufficient US workers in the specialty occupation; and f) notice is given at the time of application by the employer to employees or their representatives at the place of employment.  
  
 
 All Sectors: Acquisition of 
Land  
3) None  
3) The federal government restricts initial 
sale of federally-owned lands to US citizens.  (Preceding restriction does not apply to foreign-owned companies formed under the laws of any state of the United States.)   
 
   
  
Acquisition of land reclaimed with 
federal funds and reclamation of desert land is restricted to individual US citizens  
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
  
  
Ownership of land by non-US citizens 
is limited in:  Kentucky (restrictions apply only to individuals, not to foreign-owned companies incorporated within the United States) and South Carolina (applies to individuals and foreign-owned corporations).  
 
   
  
Purchase of land by non-US citizens 
not resident within the state is restricted in:  Oklahoma, Florida, and Wyoming.  In Mississippi, non-US citizens may not purchase more than 5 acres for residential property, or more than 320 acres for industrial development.  
 
   
  
Non-US citizens may not purchase or 
bid on sales of public lands in:  Hawaii, Idaho, Mississippi, Montana, and Oregon  
  TN/S/O/USA 
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
All Sectors: Taxation 
Measures  
1) None 
 2) None  3) None  
1), 2), 3) At the federal level, with respect 
to direct taxes: 
 
Differential tax treatment may be provided between trusts created or organized in the United States to provide employee benefits and trusts not created or organized in the United States and their respective beneficiaries.  Such provisions affect the taxation of the income of the trust or the beneficiary, the availability of deductions to taxpayers for contributions to the trust, and tax administration requirements;  these provisions include different rules for allowing deductions to, and determining the earnings of, foreign employee benefit plans.   
 
   
  
An increase in the rate or a widening of 
the base of a federal income tax may be imposed on a national, resident or corporation of a foreign country where a national, resident or corporation of the United States is being subjected to discriminatory or extraterritorial taxes (as described in section 891 or section 896 of the Internal Revenue Code).  
   TN/S/O/USA 
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
  At the federal level, with respect to taxes 
other than direct taxes:  
 
  
  
An excise tax may be imposed in 
connection with transfers of any property by a citizen or resident of the United States, or by a domestic entity (corporations, partnership, estate or trust) to a foreign entity (corporation partnership, estate or trust).   
 
   
  
An excise tax may be imposed on US 
source gross investment income of foreign organizations that are private foundations.   
 
   
4) Unbound, except as indicated in the 
horizontal section 
  
4) None  
 
 All Sectors: Subsidies  
1) Unbound 
 2) Unbound  
1) Unbound 
 2) Unbound  
 
   
3) None  
3) The Federal Overseas Private 
Investment Corporation (OPIC) insurance and loan guarantees are not available to certain aliens, foreign enterprises, and foreign-controlled enterprises established in the United States  
 
   
  
Trade and Development Agency 
financing is limited to:  
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
  
  
I. individuals 1) who are either US 
citizens or non-US citizens lawfully admitted for permanent residence in the United States and 2) whose principal places of business are in the United States, or  
 
   
  
II. privately-owned commercial 
corporations or partnerships that are incorporated or legally organized under the laws of the United States and whose principal places of business are in the United States and (1) that are more than 50 per cent beneficially owned by individuals who are US citizens or (2) that have been incorporated or legally organized in the United States for more than 3 years, have performed similar services in each of the prior 3 years, and employ US citizens in more than half of their permanent full-time positions in the United States and have the existing capability in the United States to perform the contract   
   TN/S/O/USA 
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
  
  
Unbound for measures at the federal, 
state or local levels that accord rights or preferences to members of socially or economically disadvantaged groups in the United States, including:  
 
   
  
Federal Small Business Administration 
– loans are restricted to US citizens or companies that are 100 per cent owned by US citizens and whose directors are all US citizens  
 
   
  
Maine - The Maine Veterans Small 
Business Loan Guarantee Program provides guarantees to eligible resident veterans for business loans from local lending institutions.  A qualifying business is one that is independently owned and operated in Maine, and the applicant must be a war veteran.  The Small Business Loan Guarantee Program in Maine provides guarantees of loans made by private lenders to eligible residents of Maine for business purposes.  
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
  
  
Maryland - The Maryland Small 
Business Development Financing Authority makes direct loans to socially or economically disadvantaged business persons.  Applicants must be US citizens and have a business that is 70 per cent owned by socially or economically disadvantaged persons.    Applicants for the Maryland Small Business Surety Bond Guarantee Program must be US citizens and, if entities, must have their principal places of business in Maryland.  
 
   
  
Minnesota - Community Development 
Corporations are only eligible to receive grants if 60 per cent of their directors are residents of the specific geographic community in Minnesota within which they will operate.  
 
   
  
Oregon - Oregon law requires that the 
Economic Development Corporation (EDC) give preference in OBDF loans to businesses owned in whole or in part by dislocated timber workers.  
   TN/S/O/USA 
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
  
  
Pennsylvania - Minority Business 
Development Authority provides long-term low interest loans to minority-owned businesses.  Applicants must be Blacks, Aleuts, Eskimos, Hispanics or American Indians who are residents of Pennsylvania.  
 
   
  
Unbound for research and development 
subsidies  
 
   
4) Unbound, except as indicated in the 
horizontal section  
4) None  
 
   
  
  
  TN/S/O/USA 
Page 16 Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
II. SECTOR-SPECIFIC COMMITMENTS  
1. BUSINESS SERVICES 
 
A. PROFESSIONAL 
SERVICES    
a) 1) Legal Services: practice 
s or through a qualified US lawyer For the following jurisdiction, the following 
commitments apply: in (all states)  1) Services must be supplied by a natural 
person 
  An in-state office must be maintained for 
licensure in:  District of Columbia, Indiana (or an affiliate with an office and with other attorneys in the state), Michigan, Minnesota (or maintain individual residency in Minnesota), Mississippi, New Jersey, Ohio, South Dakota and Tennessee.   
  1) In-state or US residency is required for 
licensure in:  Hawaii, Iowa, Kansas, Massachusetts, Michigan, Minnesota (or maintain an office in Minnesota), Mississippi, Nebraska, New Jersey, New Hampshire, Oklahoma, Rhode Island, South Dakota, Vermont, Virginia, Wyoming.  
 
  
2) Services must be supplied by a natural 
person 
 An in-state office must be maintained for 
licensure in:  District of Columbia, Indiana (or an affiliate with an office and with other attorneys in the state), Michigan, Minnesota (or maintain individual residency in Minnesota), Mississippi, New Jersey, Ohio, South Dakota and Tennessee.  
2) In-state or US residency is required for 
licensure in:  Hawaii, Iowa, Kansas, Massachusetts, Michigan, Minnesota (or maintain an office in Minnesota), Mississippi, Nebraska, New Jersey, New Hampshire, Oklahoma, Rhode Island, South Dakota, Vermont, Virginia, Wyoming.  
 
 3) Services must be supplied by a natural 
person 
  Partnership in law firms is limited to persons 
licensed as lawyers 
  US citizenship is required to practice before 
the US Patent and Trademark Office 
 3) None  
   TN/S/O/USA
 Page 17Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
  
4) Services must be supplied by a natural 
 person  
 An in-state office must be maintained for 
licensure in:  District of Columbia, Indiana (or an affiliate with an office and with other attorneys in the state), Michigan, Minnesota (or maintain individual residency in Minnesota), Mississippi, New Jersey, Ohio, South Dakota and Tennessee. 
 US Citizenship is required to practice before 
the US Patent and Trademark Office  
4) In-state or US residency is required for 
licensure in:  Hawaii, Iowa, Kansas, Massachusetts, Michigan, Minnesota (or maintain an office in Minnesota), Mississippi, Nebraska, New Jersey, New Hampshire, Oklahoma, Rhode Island, South Dakota, Vermont, Virginia, Wyoming.  
 
a) 2) Legal Services: 
consultancy on law of jurisdiction where service supplier is qualified as a lawyer (such consultancy excludes the following: i) appearing for a person other than himself or herself as attorney in any court, or before any magistrate or other judicial officer, in this state (other than upon admission pro haec vice
); For the following jurisdiction, the following 
commitments apply: Alaska2 
 1) None  2) None  3) None  4) Unbound, except as indicated in the 
horizontal section  
  1) None  2) None  3) None  4) None   
  a) Practice of international law: 
permitted, provided foreign legal consultant (FLC) is competent. 
b) Practice of 3rd-country law: 
permitted provided that FLC obtains written legal advice from an attorney licensed in that jurisdiction. 
c) Practice of host-country law: 
permitted provided that FLC obtains written legal advice from an attorney licensed to practice in that jurisdiction.  
 ii) preparing any    
                         
 2 The following information is provided for transparency purposes only.  A supplier regularly providing services in the jurisdic tion is required to be licensed as a foreign legal consultant 
(FLC) in Alaska.  Licensure is subject to meeting requirements of  registration, an experience requi rement (5 of the 7 years pre ceding registration must have been spent practicing law), 
certification of registration and good standi ng with home-country bar, meeting the pr ofessional liability insurance requirement , and agreement to be bound by the Rules of Disciplinary 
Enforcement, Ethics Opinions a dopted by the Board of Governors of the Alaska Ba r Association, and the Code of Professional Resp onsibility.  Professional privileges apply to all foreign 
lawyers.  TN/S/O/USA 
Page 18 Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
instrument effecting the 
transfer or registration of title to real estate located in the United States of America; iii) preparing any will or trust instrument effecting the disposition on death 
 of any property located 
in the United States of America and owned by a resident thereof, or any instrument relating to the administration of a decedent's estate in the United States of America; and iv) preparing any instrument in respect of the marital or parental relations, rights or duties of a resident of the United States of America, or the custody or care of the children of such a resident.)   d) Association with local 
lawyers: partnerships with local lawyers permitted. 
e) Employment of local 
lawyers: permitted. 
f) Use of firm name: permitted. g) Other: n/a.    TN/S/O/USA
 Page 19Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
  
For the following jurisdiction, the following 
commitments apply: California3 
 1) None  2) None  3) None  4) Unbound, except as indicated in the 
horizontal section  
 
  1) None  2) None  3) None  4) None  
 
 a) Practice of international law: 
permitted to the extent incorporated in home-country law. 
b) Practice of 3rd-country law: 
not permitted. 
c) Practice of host-country law: 
not permitted.  
d) Association with local 
lawyers:  partnership with local lawyers permitted. 
 
  
  
  
e) Employment of local 
lawyers: permitted. 
f) Use of firm name: permitted. g) Other: n/a. 
                         
 3 The following information is provided for transparency purposes only.  A supplier re gularly providing services is required to be licensed as a foreign lega l consultant in California. 
Licensure is subject to meeting requirements of registration, an experience requirement (4 of the 6 years preceding registratio n must have been spent practicing law), certification of registration 
and good standing with home-country bar, m eeting the professional liability insurance requirement, and agreement to be bound by  the requirements of the State Ba r of California.  Professional 
privileges apply to all foreign lawyers.  TN/S/O/USA 
Page 20 Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
  
For the following jurisdiction, the following 
commitments apply:  Connecticut4 
  
  
 
 1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 1) None 
 2) None  3) None  4) None  a) Practice of international law: 
permitted to the extent incorporated in home-country law. 
b) Practice of 3rd-country law: 
permitted provided FLC first 
obtains advice from an attorney licensed in that jurisdiction. 
c) Practice of host-country law: 
not permitted.  
d) Association with local 
lawyers: partnership with local attorneys permitted. 
e) Employment of local 
lawyers: permitted. 
f) Use of firm name: 
permitted. 
g) Other: n/a. 
                         
 4 The following information is provided for transparency purposes only.  A supplier re gularly providing services is required to be licensed as a foreign lega l consultant in Connecticut. 
Licensure is subject to meeting requirement s of registration, a minimum age of 26 year s, an experience requirement (5 of the 7 years preceding registration must have been spent practicing law), 
certification of registration, meeting the professional liability  insurance requirement, an ove rdraft notification, good standi ng with home-country bar, and a written commitment to observe the 
Connecticut Rules of Professional Conduct.  Profe ssional privileges apply to all foreign lawyers.   TN/S/O/USA
 Page 21Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
 For the following jurisdiction, the following 
commitments apply: District of Columbia5 
   
 1) None 
 2) None  3) In-state office required  4) Unbound, except as indicated in the 
horizontal section.  Additionally, an in-state office is required. 1) None 
 2) None  3) None  4) None a) Practice of international law: 
permitted, provided FLC is competent. 
b) Practice of 3rd-country law: 
permitted, provided FLC is competent. 
c) Practice of host-country law: 
permitted provided FLC first 
obtains advice from an attorney licensed in that jurisdiction and identifies the person to the client.  
d) Association with local 
lawyers: partnership with local lawyers permitted. 
e) Employment of local 
lawyers: permitted. 
f) Use of firm name: permitted. g) Other: n/a. 
  
    
                         
 5 The following information is provided for transparency purposes only.  A supplier re gularly providing services in the jurisdic tion is required to be licensed as a foreign legal 
consultant in the District of Columbia.  Licensure is subject to meeting requirement s of registration, a minimum age of 26 year s, an experience requirement (5 of the 8 years preceding 
registration must have been spent practicing law), certificati on of registration and good standing with home-country bar, meeti ng the professional liability insurance requirement, and a 
written commitment to be bound by the Code of Professional Respons ibility of the American Bar Association.  Professional privil eges apply to all foreign lawyers.  TN/S/O/USA 
Page 22 Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 For the following jurisdiction, the following 
commitments apply: Florida6 
 1) None  2) None  3) None  
4) Unbound, except as indicated in the 
horizontal section  
  1) None  2) None  3) None  4) None  
  
a) Practice of international law: 
permitted to the extent incorporated in home-country law. 
b) Practice of 3rd-country law: 
not permitted. 
c) Practice of host-country law: 
not permitted. 
d) Association with local 
lawyers: partnerships with local lawyers permitted. 
e) Employment of local 
lawyers: permitted. 
f) Use of firm name: permitted. g) Other: n/a. 
 
                         
 6 The following information is provided for transparency purposes only.  A supplier regularly providing services in the jurisdic tion is required to be licensed as a foreign legal consultant 
in Florida.  Licensure is subject to m eeting requirements of registra tion, a minimum age of 26 year s, an experience requirement  (5 of the 7 years preceding registration must have been spent 
practicing law), certification of registrati on and good standing with home-country bar, a nd a sworn statement to abide by the R ules of Professional Conduct.  Pr ofessional privileges apply to all 
foreign lawyers.   TN/S/O/USA
 Page 23Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
  
For the following jurisdiction, the following 
commitments apply: Georgia7 
 1) None  2) None  3) None  
4) Unbound, except as indicated in the 
horizontal section  
 
  1) None  2) None  3) None  4) None  
 
  a) Practice of international law: 
permitted to the extent incorporated in home-country law. 
b) Practice of 3rd-country law: 
not permitted. 
c) Practice of host-country law: 
not permitted. 
d) Association with local 
lawyers: partnership with local lawyers permitted. 
e) Employment of local 
lawyers: permitted. 
f) Use of firm name: permitted. g) Other: n/a 
                         
 7 The following information is provided for transparency purposes only.  A supplier re gularly providing services in the jurisdic tion is required to be licensed as a foreign legal 
consultant in Georgia.  Licensure is subj ect to meeting requirements of  registration, an experience requirement (5 of the 7 yea rs preceding registration must have been spent practicing law), 
certification of registration and good standing with home-country bar, and a commitment to observe the Rules of Professional Re sponsibility and Disciplinary Rules applicable to members of 
the State Bar of Georgia.  Professional privileges apply to all foreign lawyers.  TN/S/O/USA 
Page 24 Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 For the following jurisdiction, the following 
commitments apply: Hawaii8  
   
 
  
1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section  
1) None 
 2) None  3) None  4) None  
a) Practice of international law: 
permitted, provided FLC is competent. 
b) Practice of 3rd-country law: 
permitted provided FLC obtains advice from an attorney licensed in that jurisdiction and identifies that person to the client. 
c) Practice of host-country law: 
permitted provided FLC obtains advice from an attorney licensed in that jurisdiction and identifies that person to the client. 
d) Association with local 
lawyers: partnership with local lawyers permitted.  
e) Employment of local 
lawyers: permitted. 
f) Use of firm name: permitted. g) Other: n/a. 
                         
 8 The following information is provided for transparency purposes only.  A supplier re gularly providing services in the jurisdic tion is required to be licensed as a foreign legal 
consultant in Hawaii.  Licensure is subject  to meeting requirements of registration, a minimum age of 26 years, an experience r equirement (5 of the 7 years preceding registration must have 
been spent practicing law), and certification of registration a nd good standing with home-country bar.  Professional privileges  apply to all foreign lawyers.   TN/S/O/USA
 Page 25Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 For the following jurisdiction, the following 
commitments apply: Illinois9 
   
 1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 1) None 
 2) None  3) None  4) None a) Practice of international law: 
permitted to the extent incorporated in home-country law. 
b) Practice of 3rd-country law: 
not permitted. 
c) Practice of host-country law: 
not permitted. 
d) Association with local 
lawyers: partnership with local lawyers permitted. 
e) Employment of local 
lawyers: permitted. 
f) Use of firm name: permitted. g) Other: n/a 
 For the following jurisdiction, the following 
commitments apply: Michigan10 
   
 1) None 
 2) None  3) None 1) None 
 2) None  3) In-state residency required a) Practice of international law: 
permitted to the extent incorporated in home-country law. 
b) Practice of 3rd-country law: 
not permitted. 
                         
 9The following information is provided for tr ansparency purposes only.  A supplier regul arly providing services in the jurisdict ion is required to be licensed as a foreign legal consultant 
in Illinois.  Licensure is subject to meeting requirements of registration, an experience requirement (5 of the 7 years precedi ng registration must have been sp ent practicing law), meeting the 
professional liability insurance requirement, a written commitment to observe the Rules of Professional Conduct, and certificat ion of registration and good sta nding with home-country bar.  
Professional privileges apply to all foreign lawyers. 
 10 The following information is provided for transparency purposes only.  A supplier re gularly providing services in the jurisdic tion is required to be licensed as a foreign legal 
consultant in Michigan.  Licensure is subj ect to meeting requirements of registration,  a minimum age of 18 years, an experience  requirement (3 of the 5 years preceding registration must have 
been spent practicing law), and certification of registration a nd good standing with home-country bar.  Professional privileges  apply to all foreign lawyers.  TN/S/O/USA 
Page 26 Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 4) Unbound, except as indicated in the 
horizontal section 4) In-state residency required c)  Practice of host-country law: 
not permitted. 
d) Association with local 
lawyers: partnership with local lawyers permitted. 
e) Employment of local 
lawyers: permitted. 
f) Use of firm name: permitted. g) Other: n/a.   
 
  
For the following jurisdiction, the following 
commitments apply: Minnesota11 
  
  
 
 1) None 
 2) None  3) In-state office required  4) Unbound, except as indicated in the 
horizontal section.  Additionally, an in-state office is required. 1) None 
 2) None  3) None  4) None a) Practice of international law: 
permitted to the extent incorporated in home-country law. 
b) Practice of 3rd-country law: 
not permitted. 
c) Practice of host-country law: 
not permitted. 
d) Association with local 
lawyers: partnership with local lawyers permitted. 
e) Employment of local 
lawyers: permitted. 
f) Use of firm name: permitted. g) Other: n/a  
                         
 11 The following information is provided for transparency purposes only.  A supplier re gularly providing services in the jurisdic tion is required to be licensed as a foreign legal 
consultant in Minnesota.  Licensure is subj ect to meeting requirements of  registration, a minimum age of 26 years, an experienc e requirement (5 of the 7 years preceding registration must have 
been spent practicing law), certification of registration and good standing with home-country bar, and are subject to the Minne sota Rules of Professional Conduct.   Professional privileges apply 
to all foreign lawyers.   TN/S/O/USA
 Page 27Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 For the following jurisdiction, the following 
commitments apply: New Jersey12 
   
 1) None 
 2) None 
 3) In-state office required  4) Unbound, except as indicated in the 
horizontal section.  Additionally, an in-state office is required. 1) None 
 2) None  3) None  4) None a) Practice of international law: 
permitted to the extent incorporated in home-country law. 
b) Practice of 3rd-country law: 
permitted provided FLC obtains advice from an attorney licensed in that jurisdiction and identifies that person to the client. 
c) Practice of host-country law: 
permitted provided FLC obtains advice from an attorney licensed in that jurisdiction and identifies that person to the client. 
d) Association with local 
lawyers: partnership with local lawyers permitted. 
e) Employment of local 
lawyers: permitted. 
f) Use of firm name: permitted. g) Other: n/a. 
 
                         
 12 The following information is provided for transparency purposes only.  A supplier regularly providing services in the jurisdic tion is required to be licensed as a foreign legal consultant 
in New Jersey.  Licensure is subject to meeting requirements of  registration, an experience requi rement (5 of the 7 years prece ding registration must have been spent practicing law), meeting the 
professional liability insurance requirement, certification of re gistration and good standing with home-country bar, and shall observe the Rules of Professional Conduct of the American Bar 
Association.  Professional privilege s apply to all foreign lawyers.  TN/S/O/USA 
Page 28 Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 For the following jurisdiction, the following 
commitments apply: New York13 
   
 1) None 
 2) None  
3) In-state office required  4) Unbound, except as indicated in the 
horizontal section.  Additionally, an in-state office is required. 1) None 
 2) None  3) None  4) None a) Practice of international law: 
permitted, provided FLC is competent. 
b) Practice of 3rd-country law: 
permitted, provided FLC is competent. 
c) Practice of host-country law: 
permitted to practice NY and 
federal law provided FLC relies on advice from a person duly qualified and entitled to render professional legal advice on NY or US law.  Permitted to practice law of other US states, provided FLC is competent. 
d) Association with local 
lawyers: partnership with local  lawyers permitted. 
   e) Employment of local 
lawyers: permitted. 
f) Use of firm name: 
unrestricted. 
g) Other: n/a.  
                         
 13 The following information is provided for transparency purposes only.  A supplier re gularly providing services in the jurisdic tion is required to be licensed as a foreign legal 
consultant in New York.  Licensure is subj ect to meeting requirements of  registration, a minimum age of 26 years, an experience  requirement (3 of the 5 years preceding registration must 
have been spent practicing law), certification of registration and good standing with home-country  bar, meeting the professiona l liability insurance requirement, and agreement to be bound by 
the New York Bar Code of Ethics.  Professi onal privileges apply to all foreign lawyers.   TN/S/O/USA
 Page 29Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 For the following jurisdiction, the following 
commitments apply: Ohio14 
   
 1) None 
 2) None  3) In-state office required  
4) Unbound, except as indicated in the 
horizontal section.  Additionally, an in-state office is required. 1) None 
 2) None  3) None  4) None a) Practice of international law: 
permitted. 
b) Practice of 3rd-country law: 
permitted if FLC obtains advice from an attorney licensed in that jurisdiction and identifies that person to the client. 
c) Practice of host-country law: 
permitted if FLC obtains advice from an attorney licensed in that jurisdiction and identifies that person to the client. 
d) Association with local 
lawyers: partnership with local lawyers not permitted. 
   e) Employment of local 
lawyers: permitted. 
f) Use of firm name: permitted. g) Other: n/a.  
                         
 14 The following information is provided for transparency purposes only.  A supplier regularly providing services in the jurisdic tion is required to be licensed as a foreign legal consultant 
in Ohio.  Licensure is subject to meeting requirements of regi stration, a minimum age of 21 year s, an experience requirement (4  of the 6 years preceding registration must have been spent 
practicing law), certification of registra tion and good standing with home-country bar,  meeting the professional liability insu rance requirement, and being subject to the Ohio Code of 
Professional Responsibility and the disciplinary procedural rules se t forth in Gov. Bar R.V.  Pr ofessional privileges apply to all foreign lawyers.  TN/S/O/USA 
Page 30 Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 For the following jurisdiction, the following 
commitments apply: Oregon15 
   
 1) None 
 2) None  3) None  
4) Unbound, except as indicated in the 
horizontal section 1) None 
 2) None  3) None  4) None a) Practice of international law: 
permitted to the extent incorporated in home-country law. 
b) Practice of 3rd-country law: 
permitted if FLC obtains advice from an attorney licensed in that jurisdiction and identifies that person to the client. 
   c) Practice of host-country law: 
permitted if FLC obtains advice from an attorney licensed in that jurisdiction and identifies that person to the client. 
   d) Association with local 
lawyers: partnership with local  lawyer permitted. 
   e) Employment of local 
lawyers: permitted 
f) Use of firm name: permitted. g) Other: n/a. 
                         
 15 The following information is provided for transparency purposes only.  A supplier re gularly providing services in the jurisdic tion is required to be licensed as a foreign legal 
consultant in Oregon.  Licensure is subject  to meeting requirements of registration, a minimum age of  18 years, an experience r equirement (5 of the 7 years preceding registration must have 
been spent practicing law), and certification of registration a nd good standing with home-country bar, meeting the professional  liability insurance requirement, and agreement to comply with 
ORS Chapter 9, the Oregon Code of Professional Responsibility and the Oregon State Bar's Rules of Procedure.  Professional priv ileges apply to all foreign lawyers.   TN/S/O/USA
 Page 31Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
  
For the following jurisdiction, the following 
commitments apply: Texas16 
 1) None  2) None  3) None  
4) Unbound, except as indicated in the 
horizontal section  
 
  1) None  2) None  3) In-state residency required  4) In-state residency required  
  a) Practice of international law: 
permitted to the extent incorporated in home-country law. 
b) Practice of 3rd-country law: 
not permitted. 
c) Practice of host-country law: 
not permitted. 
d) Association with local 
lawyers: partnership with local lawyers permitted. 
e) Employment of local 
lawyers: permitted. 
f) Use of firm name: permitted. g) Other: n/a. 
                         
 16 The following information is provided for transparency purposes only.  A supplier re gularly providing services in the jurisdic tion is required to be licensed as a foreign legal 
consultant in Texas.  Licensure is subject  to meeting requirements of registration, a minimum age of 26 years, an experience re quirement (5 of the 7 years preced ing registration must have been 
spent practicing law), meeting the professional liability insura nce requirement, certification of  registration and good standin g with home-country bar, and taking an oath to abide by the State Bar 
Act, the State Bar Rules, and the Texas Di sciplinary Rules of Professional Conduct.  Professional privileges apply to all forei gn lawyers.  TN/S/O/USA 
Page 32 Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 For the following jurisdiction, the following 
commitments apply: Washington17 
   
 1) None 
 2) None  3) None   4) Unbound, except as indicated in the 
horizontal section 1) None 
 2) None  3) In-state residency required at time 
admitted 
 4) In-state residency required at time 
admitted a) Practice of international law: 
permitted to the extent incorporated in home-country law. 
b) Practice of 3rd-country law: 
not permitted. 
c) Practice of host-country law: 
not permitted. 
d) Association with local 
lawyers: partnerships with local lawyers permitted. 
e) Employment of local 
lawyers: permitted. 
f) Use of firm name: permitted. g) Other: n/a. 
                         
 17 The following information is provided for transparency purposes only.  A supplier re gularly providing services in the jurisdic tion is required to be licensed as a foreign legal 
consultant in Washington.  Licensure is s ubject to meeting requirements of registration, an experien ce requirement (5 of the 7 years preceding registration must have been spent practicing 
law), and certification of registration a nd good standing with home-country bar, and agreement to be bound by the Discipline Ru les for Lawyers and the Rule s of Professional Conduct.  
Professional privileges apply to all foreign lawyers.   TN/S/O/USA
 Page 33Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 For the following jurisdiction, the following 
commitments apply: Other States  1) None  2) None  3) Unbound for Alabama, Arizona, Arkansas, 
Colorado, Delaware, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming. 
  
  1) None  2) None  3) None            
 
  
4) Unbound for Alabama, Arizona, Arkansas, 
Colorado, Delaware, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming.  
4) None  
  TN/S/O/USA 
Page 34 Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
b) Accounting, Auditing 
and Bookkeeping Services  
1) None 
 2) None  3) Sole proprietorships or partnerships are 
limited to persons licensed as accountants, except in Iowa where accounting firms must incorporate 
 4) Unbound, except as indicated in the 
horizontal section.  In addition, an in-state office must be maintained for licensure in:  Arkansas, Connecticut, Iowa, Kansas, Kentucky, Michigan, Minnesota, Nebraska, New Hampshire, New Mexico, Ohio, Vermont, and Wyoming. 
  US citizenship is required for licensure in 
North Carolina. 
  
1) None 
 2) None  3) None     4) In-state residency is required for 
licensure in:  Arizona, Arkansas, Connecticut, District of Columbia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Carolina, Tennessee, and West Virginia.  
Will consider undertaking 
implementation of GATS 
Disciplines in Regulation of the 
Accountancy Sector (WTO 
Disciplines adopted in 1998) if 
others do the same.  
c) Taxation Services 1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
 1) None 
 2) None  3) None  4) None    TN/S/O/USA
 Page 35Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
d) Architectural Services 1) None 
 2) None  3) Two-thirds of the officers, partners, and/or 
directors of an architect ural firm in Michigan 
must be licensed in Michigan as architects, professional engineers and/or land surveyors. 
 4) Unbound, except as indicated in the 
horizontal section 
 1) None 
 2) None  3) None     4) None Will consider undertaking 
commitments for architects 
similar to those adopted for 
accountants in the WTO  
Disciplines in Regulation of the 
Accountancy Sector (adopted in 
1998), if others do the same.  
e) Engineering Services    
f) Integrated Engineering 
Services 1) None 
 2) None  3) None  
4) Unbound, except as indicated in the 
horizontal section.  In addition, US citizenship is required for licensure in the District of Columbia. 1) None 
 2) None  3) None  4) In-state residency is required for 
licensure in:  Idaho, Iowa, Kansas, Maine, Mississippi, Nevada, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, and West Virginia.  Will consider undertaking 
commitments for engineers 
similar to those adopted for 
accountants in the WTO 
Disciplines in Regulation of the 
Accountancy Sector (adopted in 
1998), if others do the same.  
g) Urban Planning & 
Landscape Services 1) None 
 2) None  3) Two-thirds of the officers, partners, and/or 
directors of an architect ural firm in Michigan 
must be licensed in Michigan as architects, professional engineers and/or land surveyors
 4) Unbound, except as indicated in the 
horizontal section. 
 1) None 
 2) None  3) None     4) None   TN/S/O/USA 
Page 36 Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
B. COMPUTER AND 
RELATED SERVICES (MTN.GNS/W/120 a) - e), except airline computer reservation systems)  
1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section  
1) None 
 2) None  3) None  4) None  
   TN/S/O/USA
 Page 37Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
D. REAL ESTATE 
SERVICES 
  - Renting or leasing 
services involving own 
or leased residential 
property  
  - Renting or leasing 
services involving own 
or leased non-
residential property  
  - Residential buildings 
and land sales  
  - Non-residential 
buildings and land 
sales  
  - Non-residential vacant 
land sales  
  - Real estate services on 
a fee or contract basis   
  - Residential property 
management services 
on a fee or contract 
basis  
  
 
  1) None    2) None  3) None  
4) Unbound, except as indicated in the 
horizontal section.  In addition, US citizenship is required for licensure as a real estate broker in:  Mississippi and New York. 
 
  
1) Corporations that own real estate in 
Florida must maintain an office and registered agent in Florida 
 2) None  3) None  4) In-state residency or US citizenship is 
required for licensure as a real estate broker in South Dakota  
  TN/S/O/USA 
Page 38 Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
 - Non-residential 
property management 
services on a fee or 
contract basis  
  - Residential buildings 
and land sales on a fee 
or contract basis   
  
  
 
  - Residential vacant land 
sales on a fee or 
contract basis  
  - Non-residential 
buildings and land 
sales on a fee or 
contract basis  
  - Non-residential vacant 
land sales on a fee or 
contract basis  
  
  
  
 
 E. RENTAL/LEASING 
SERVICES WITHOUT OPERATORS:  
  
  
 
 c) Relating to Other 
Transport Equipment 
 d) Relating to Other 
Machinery and Equipment 
 e) Other (except Harbor 
Dredges)  
1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
  
1) None 
 2) None  3) None  4) None  
   TN/S/O/USA
 Page 39Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
F. OTHER BUSINESS 
SERVICES  
  
  
 
 
a) Advertising 
  - Sale or leasing services 
of advertising space or 
time 
  - Planning, creating and 
placement services of 
advertising  
  - Other advertising 
services   (except aerial 
advertising and skywriting) 
  
 
 1) None  2) None  3) None  4) Unbound, except as indicated in the  horizontal section  
 
 1) None  2) None  3) None  4) None    
 
 
b) Market Research and 
Public Opinion Polling Services
 
  - Market research 
services  
  - Public opinion polling 
services  
  
 
  1) None  2) None  3) None  4) Unbound, except as indicated in the 
horizontal section  
 
  1) None  2) None  3) None  4) None  
  TN/S/O/USA 
Page 40 Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
c) Management Consulting 
Services  
  - General management 
consulting services  
  - Financial management 
consulting services 
(except business tax)  
  - Marketing 
management 
consulting services  
  - Human resources 
management 
consulting services  
  - Production 
management 
consulting services  
  - Public relations
 
 services  
  - Other management 
consulting services   
  
 
  1) None  2) None  3) None  4) Unbound, except as indicated in the 
horizontal section  
 
  1) None  2) None  3) None  4) None  
   TN/S/O/USA
 Page 41Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
d) Services Related to 
Management Consulting 
  -
 Project management 
services other than for 
construction  
  -
 Arbitration and 
conciliation services  
  - Other management 
services n.e.c.  
  
  1) None  2) None  3) None  4) Unbound, except as indicated in the 
horizontal section  
  1) None  2) None  3) None  4) None  
 
f) Services Incidental to 
Agriculture, Hunting and Forestry (except provision of agricultural machinery with drivers and crew, harvesting and related services, services of farm labor contractors, and aerial fire fighting) 
  
1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
  
1) None 
 2) None  3) None  4) None  
 
 g) Services Incidental to 
Fishing  
1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
  
1) None 
 2) None  3) None  4) None  
  TN/S/O/USA 
Page 42 Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
h) Services Incidental to 
Mining  
1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
  
1) None 
 2) None  3) None  4) None  
 
 j) Services Incidental to 
Energy Distribution  
1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
  
1) None 
 2) None  3) None  4) None  
 
k) Placement and Supply 
Services of Personnel 
  - Executive search 
services  
 
 - Placement services of 
office support 
personnel and other 
workers   
  1) None  2) None  3) US citizenship is required for ownership of 
employment agencies in Arkansas.  
  1) None  2) None  3) None  
 - Supply services of 
office support 
personnel  
  - Supply services of 
domestic help 
personnel  
 4) Unbound, except as indicated in the 
horizontal section.  In addition, US citizenship is required for licensure as an employment agent, employment agency counselor and employment agency manager in Arkansas. 4) None  
   TN/S/O/USA
 Page 43Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 - Supply services of 
other commercial or 
industrial workers  
  - Supply services of 
nursing personnel  
  - Supply services of 
other personnel     
l) Investigation and Security 
Services 
  - Investigation services
 
  - Security consultation 
services  
  - Alarm monitoring 
services  
  - Armored car services
 
  - Guard services
 
  - Other security services
  
  1) None  2) None  3) Permanent resident alien status or US 
citizenship is required to own contract security companies in Maine 
 4) Unbound, except as indicated in the 
horizontal section.  In addition, permanent resident alien status or US citizenship is required for private investigators and security guards in:  Maine and New York.   
  1) None  2) None  3) None    4) In-state residency is required for private 
detectives in Michigan  
 
m) Related Scientific & 
Technical Consulting (except land surveying for the purpose of establishing legal boundaries, aerial surveying and aerial map-making)  
1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
  
1) None
18 
 2) None
18 
 3) None
18 
 4) None  
 
                         
 18 For those functions where an engineering degree is re quired, the US limitations on engineering also apply.  TN/S/O/USA 
Page 44 Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
n) Maintenance & Repair of 
Equipment (except maritime vessels, aircraft, and other transport equipment) 
  - Repair services of 
personal and 
household goods  
  -
 Repair services of 
fabricated metal 
products, except  
machinery and 
equipment, on a fee or 
contract basis  
  -
 Repair services of 
machinery and 
equipment n.e.c., on a 
fee or contract basis  
  - Repair services n.e.c. 
of office, accounting 
and computing 
machinery, on a fee or 
contract basis  
  
     1) None  2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
  
     
1) None  2) None  3) None  4) None    TN/S/O/USA
 Page 45Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
 - Repair services of 
electrical machinery 
and apparatus n.e.c., on 
a fee or contract basis  
  - Repair services of 
radio, television and 
communication 
equipment and 
apparatus, on a fee or 
contract basis  
  - Repair services of 
medical, precision and 
optical instruments, 
watches and clocks, on 
a fee or contract basis  
  
  
  
 
 o) Building-Cleaning 
Services 
  - Disinfecting and 
exterminating services  
  - Window cleaning 
services  
  - Janitorial services
 
  - Other building 
cleaning services  
  
 
  1) Unbound*  2) None  3) None  4) Unbound, except as indicated in the 
horizontal section  
 
  1) Unbound*  2) None  3) None  4) None  
  TN/S/O/USA 
Page 46 Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
p) Photographic Services 
(except aerial photographic services) 
  - Portrait photography 
services  
  - Advertising and related 
photography services  
  - Action photography 
services  
  - Specialty photography 
services  
  - Photography 
processing services  
  - Motion picture 
processing services not 
related to the motion 
picture and television 
industries   
  
 
   1) None  2) None  3) None  4) Unbound, except as indicated in the 
horizontal section  
 
   1) None  2) None  3) None  4) None  
 
 
 
 - Restoration, copying 
and retouching 
services of 
photography  
  - Other photographic 
services  
  
  
  
   TN/S/O/USA
 Page 47Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
q) Packaging Services 
  -
 Services consisting in 
packaging goods for 
others on a fee or 
contract basis, such as  
food products, 
pharmaceuticals, 
household cleaners, 
toilet preparations and 
hardware using a 
variety of automated or 
manual packaging 
techniques including 
blister forming and 
packaging, shrink or 
skin wrapping, form 
filling and sealing, 
pouch filling, bottling 
and aerosol packaging. 
 Parcel packing and 
gift wrapping are also 
included. This service 
may also include the 
labeling or imprinting 
of the package.   
  
 
 1) None  2) None  3) None  4) Unbound, except as indicated in the 
horizontal section  
 
 1) None  2) None  3) None  4) None  
  TN/S/O/USA 
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Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
r) Publishing (Only part of 
MTN.GNS/W/120 category:  "r) Printing, Publishing")  
1) None 
 2) None  3) A single company or firm is not permitted to 
own a combination of newspaper, radio and/or TV broadcast stations serving the same local market 
 4) Unbound, except as indicated in the 
horizontal section 
  
1) None 
 2) None  3) None     4) None  
 
 s) Convention Services  
1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
  
1) None 
 2) Unbound with respect to tax deductions  3) None  4) None  
   TN/S/O/USA
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2. COMMUNICATION 
SERVICES  
  
  
 
 B. Express Delivery Services: 
Express delivery services 
are time-sensitive, utilize 
advanced technologies for 
communication, and are 
integrated or controlled 
from end-to-end.  Express 
delivery services consist of 
the expedited collection, 
transport and delivery of 
documents, printed matter, 
parcels, and/or other 
goods, while tracking the 
location of, and 
maintaining control over, 
such items throughout the 
supply of the service.  
Express delivery services 
also may include one or 
more value added 
elements, such as 
collection from an address 
designated by the sender; 
release upon signature; 
guarantee of delivery   
1), None, except:  (a) letters subject to the  
2), Private Express Statutes (18 U.S.C. 1693 et  
3) seq., 39 U.S.C. 601 et seq. and 39 CFR 310 
et seq.), but not including letters subject to 
the exceptions to, or suspensions 
promulgated under, those statutes; (b) 
delivery of items to mail receptacles (18 
U.S.C. 1725) and post office boxes (39 CFR 
111.1 & Domestic Mail Manual D910); (c) 
access to the US Postal Service under the 
Universal Postal Union Convention or other 
arrangements pursuant to 39 U.S.C. 407; (d) 
the right to invest in the U.S. Postal Service; 
and (e) right to make or print U.S. postage 
stamps (18 U.S.C. 501)  
  4)
 Unbound except as indicated in the 
horizontal section  
      
1),
 None, except:  (a) letters subject to   
2), the Private Express Statutes (18 U.S.C.   
3) 1693 et seq., 39 U.S.C. 601 et seq. and 
39 CFR 310 et seq.), but not including 
letters subject to the exceptions to, or 
suspensions promulgated under, those 
statutes; (b) delivery of items to mail 
receptacles (18 U.S.C. 1725) and post 
office boxes (39 CFR 111.1 & Domestic 
Mail Manual D910); (c) access to the US 
Postal Service under the Universal Postal 
Union Convention or other arrangements 
pursuant to 39 U.S.C. 407; (d) the right 
to invest in the U.S. Postal Service; and 
(e) right to make or print U.S. postage 
stamps (18 U.S.C. 501)  
 4)
 None  
  
The United States will consider 
undertaking commitments to 
establish or maintain appropriate 
measures, substantive and/or 
procedural to address certain 
cross-subsidization of express 
delivery services, such as may 
arise from monopoly first-class 
letter carriage, if other Members 
are prepared to do so as well.   TN/S/O/USA 
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Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
within a specified time; 
electronic and/or other 
advanced technologies; and 
ability of the sender to 
confirm delivery.19  
  
  
 
 B.
 
C. Land-based Courier 
Services (except courier services involving any prior or subsequent movement by air)   
 
1) None  2) None  3) None  4) Unbound, except as indicated in the 
 horizontal section 
  
 
1) None  2) None  3) None  4) None  
 
                         
 19 This classification is activities-based and does not distinguish  among service suppliers.  Subject to the limitations noted ab ove, commitments made in 
the Express Delivery Services sector shall include all express delivery services defined above that are supplied on a competiti ve and commercial basis.  
Express Delivery services do not incl ude maritime transport services or services to which the Annex on Air Transport Services applies , but include certain 
services performed in connection with express delivery, which are classified elsewhere in W/120.  To the extent not already ref lected in its GATS 
commitments, the United States is considering commitments on such services, which include:  
1Fc: inventory management services  
1Fq: packaging services  
1Ft: order processing services, production planning and control services  
2Cj online information and data processing  
11Fd: maintenance and repair of road transport equipment  
part of 11Fb: road freight transportation pe rformed in connection with express delivery  
part of 11Fc: rental of commercial vehicles with ope rators performed in connection with express delivery  
part of 11Fe: supporting services for road trans port performed in connection with express delivery  
part of 11H: container station and depot services  performed in connection with express delivery  
part of 11Hb: storage and warehousing services performed in connection with express delivery  
part of 11Hc: freight transport agency services  performed in connection with express delivery  
part of 11Hd: other supporting and auxiliary transport se rvices performed in connection with express delivery    TN/S/O/USA
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C.  
D. Basic  Telecommunications 
Services20 
  The transmission between 
or among points specified 
by the user, of information 
of the users choosing, 
without change in the form 
or content of the 
information as sent or 
received, as defined in 47 
U.S.C. 153 (43).  Services 
can be supplied on either a 
public or private basis, 
regardless of the facilities 
used.  
  Services include:
 
 a) Voice telephone
 services 
 
b) Packet-switched data  
 
1) None  2) None  3) None, other than    
Comsat has exclusive rights to links with 
Intelsat and Inmarsat.   
  - Ownership of a common carrier radio 
 license: 
   Indirect: None  
   Direct: May not be granted to or held by (a) foreign government or the representative 
thereof  
  (b) non-U.S. citizen or the representative of 
any non-U.S. citizen   
  
 
1) None  2) None  3) None  
The United States undertakes the 
obligations contained  in the 
reference paper attached hereto.  
 Supplementing the United States 
Reference Paper commitments 
(attached) the United States 
commits to:  
 Maintain an absence of national 
government ownership in public 
telecommunications service 
suppliers;  
 Maintain a national 
telecommunications regulatory 
body independent of executive 
and legislative branches, which is 
required to employ transparent 
procedures in developing rules 
(including notice and comment) 
and is empowered to enforce 
regulations through sanctions,   
 transmission services 
(note: packet switched 
services classified as 
information services are 
not considered basic 
telecommunications 
services.)   
 c) Circuit-switched data  transmission services  (c) any corporation not organized under the 
laws of the United States or  
 
 (d) U.S. corporation of which more than 
20% of the capital stock is owned or voted by a foreign government or its representative, non-U.S. citizens or their representatives or a corporation not organized under the laws of the United States.  
          including fines and revocation of 
licenses; and  
 Permit licensed suppliers of basic 
telecommunications services  
choice of technology used in the 
supply of services, subject to 
requirements necessary to fulfill 
legitimate public policy 
objectives.  
d) Telex services 4) Unbound except as indicated by horizontal 4) Unbound except as indicated by horizontal In addition, subjec t to the national 
                         
 20 Excluding one -way satellite transmissions of DTH and DBS te levision services and of digital audio services.   TN/S/O/USA 
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e) Telegraph services  f) Facsimile services  g) Private leased circuit 
services commitments commitments. regulatory body's appropriate 
exercise of forbearance authority 
under 47 U.S.C 160, and subject 
to exemptions for certain rural 
carriers, the United States also 
commits, with respect to suppliers 
defined under 47 U.S.C. 153 (26)  
as local exchange carriers to:   
 
[Note: New definition, and 
same list of services moved to 
value-added services, below]  
 Enhanced 
Telecommunications 
Services, as defined by the 
US Federal 
Communications 
Commission in Section 
64.702 of the 
Commission's Rules and 
Regulations:  se rvices, 
offered over common 
carrier transmission 
facilities (i.e., public 
telecommunications 
transport services) which 
employ computer 
processing applications 
that:  
 
    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   
Ensure that local exchange 
carriers, provide dialing parity;  
 Maintain measures prohibiting 
local exchange carriers from 
imposing unreasonable or 
discriminatory conditions or 
limitations on the resale of public 
telecommunications services;  
 Ensure that local exchange 
carriers  provide number 
portability where technically 
feasible;  
 Ensure that local exchange 
carriers provide access to poles, 
ducts, conduits and rights of way 
at just and reasonable rates and 
on non-discriminatory terms and  
i) act on the format, content 
code, protocol or similar 
aspects of the subscriber's 
transmitted information; or    conditions to competing basic 
public telecommunications 
service suppliers . 
 
ii) provide the subscriber 
additional, different, or 
restructured information; 
or  
  
  
 
      TN/S/O/USA
 Page 53Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
iii) involve subscriber 
interaction with stored 
information.  
Includes the following:  
h) Electronic Mail  
i) Voice Mail  
j) On-line Information and/or 
Data  Base Retrieval  
k) Electronic Data 
Interchange (EDI)  
l) Enhanced/Value -added 
Facsimile Services 
(including store and 
forward, store and 
retrieve)  
m) Code and Protocol 
Conversion  
n) On-line Information and/or 
Data Processing (including 
transaction processin g) 
     TN/S/O/USA 
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Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
E. Information Services 
(Value-added services) 
  The offering of a 
capability for  generating, 
acquiring, storing,  
transforming, processing,  
retrieving, utilizing, or 
making  available 
information via  
telecommunications, as 
defined in 47 USC  
153(20).  Services include, 
but are not limited to:  
  - electronic mail  - voice mail  - on-line Information 
and/or data base retrieval 
 - Electronic Data 
Interchange (EDI) 
 - Enhanced/Value-added 
Facsimile Services  
 - Code and Protocol 
conversion 
 - on-line information 
and/or Data processing;
 
 - packet-switched 
information services   
  
 
   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   
 
o)  Other  
      TN/S/O/USA
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 Note: services below are 
redundant, as they are 
captured in the definition 
of basic services above.  
  
-Mobile Services  
 Analogue/Digital cellular 
services  
 PCS (Personal 
 Communications services)  
 Paging services  
 Mobile data ser vices  
    
F. Other Communications 
Services  
  -
 Cable services 
provided over cable 
systems, as defined in 
47 U.S.C. 522(6) and 
47 U.S.C. 522(7)  
  -
 One-way satellite 
transmission of DTH 
and DBS television 
services and of digital 
audio services.  
  - Radio and Television 
Broadcast
 
Transmission Services 
 1) None  
 2) None
 
 3) None, except that 
a single company or firm 
is prohibited from owning a combination of newspapers, radio and/or TV broadcast stations serving the same local market. Radio and television broadcast
 licenses may 
not be held by: a foreign government; a corporation chartered under the law of a foreign country or of
 which has a non -US 
citizen as an officer or director or  more than 
20 per cent of the capital stock of which  is 
owned or voted by non-US citizens; a corporation chartered under the laws of the United States that is directly or indirectly controlled by a corporation more than 25 per cent of whose capital stock is owned by non-US citizens or a foreign government or a corporation of which any officer or more than 25 per cent of the directors are non-US citizens. 1) None
 
 2) None
 
 3) None
 
                  TN/S/O/USA 
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Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 4) Unbound, except as indicated in the 
horizontal section.  In addition, US 
citizenship is required to obtain radio and 
television licenses.  
 4) Unbound except as indicated by 
horizontal commitments   
D.  
G. Audiovisual Services 
 Note: References below to  
"home video 
entertainment " include, but 
are not limited to, video 
tapes and optical discs.  
    
 Motion picture and home 
video entertainment 
promotion or advertising 
services  1) None  
 2) None
 
 3) None
 
 
4) Unbound except as indicated by horizontal 
 commitments  
  1) None  
 2) None
 
 3) None
 
 4) None
  
a1) Motion Picture & Video 
Tape  Home Video 
Entertainment Production 
& Distribution Services  1) None 
     2) None  3) None     1) Grants from the National Endowment for 
the Arts are only available for:  individuals with US citizenship or permanent resident alien status, and non-profit companies. 
 2) None  3) Grants from the National Endowment for 
the Arts are only available for:  individuals with US citizenship or permanent resident alien status, and non-profit companies. 
  
 4) Unbound, except as indicated in the 4) None    TN/S/O/USA
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horizontal section 
  
a2) Motion Picture and home 
video entertainment 
distribution services (i.e. 
licensing for exhibition, 
broadcast, or other 
transmission)   
1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
 horizontal section 
  
1) None 
 2) None  3) None  4) None  
 
 b)
 Motion Picture Projection 
Service  
  [Note: Projection services 
have been moved to other 
recreation services, below]   
1) None  
 2)
 None  
 3)
 None  
 4)
 Unbound, except as indicated in the 
 horizontal section  
  
1) None  
 2)
 None  
 3)
 None  
 4)
 None   
 
c) Radio & Television 
Production  Services 1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
 horizontal section 1) None 
 2) None  3) None  4) None   TN/S/O/USA 
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d) Radio and Television 
Transmission Services  
 [Note: Radio and television 
broadcast transmission 
services have been moved to 
other communications 
services, above]  
 1) None  
 2)
 None  
 3)
 A single company or firm is prohibited from 
owning a combination of newspapers, radio 
and/or TV broadcast stations serving the 
same local market. Radio and television 
licenses may not be held by: a foreign 
government; a corporation chartered under 
the law of a foreign country or which has a 
non-US citizen as an offi cer or director or 
more than 20 per cent of the capital stock of 
which is owned or voted by non -US 
citizens; a corporation chartered under the 
laws of the Un ited States that is directly or 
indirectly controlled by a corporation more 
than 25 per cent of whose capital stock is 
owned by non -US citizens or a foreign 
government or a corporation of which any 
officer or more than 25 per cent of the 
directors are non -US citizens.  
 4)
 Unbound, except as indicated in the 
horizontal section.  In addition, US 
citizenship is required to obtain radio and 
television licenses.  1) None  
 2)
 None  
 3)
 None  
                  4)
 None   
e) Sound Recording Services  1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
 1) None 
 2) None  3) None  4) None    TN/S/O/USA
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f) Other Audiovisual 
Services  Other services in 
connection with motion 
picture, home video 
entertainment, and radio 
and television production 
services, such as film 
dubbing, film title printing, 
editing, and cutting  
  
1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
  
1) None 
 2) None  3) None  4) None  
 
 3. CONSTRUCTION & 
RELATED ENGINEERING SERVICES - (except Marine Dredging)  
1) Unbound* 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section.  In addition, an in-state office must be maintained by all contractors in Michigan. 
  
1) Unbound* 
 2) None  3) None  4) None  
 
 4. DISTRIBUTION 
SERVICES  
  
  
 
 A. Commission Agents' 
Services  
1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
  
1) None 
 2) None  3) None  4) None  
  TN/S/O/USA 
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B. Wholesale Trade (except 
wholesale trade of alcoholic beverages, firearms and military equipment) 1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
 horizontal section 
 1) None 
 2) None  3) None  4) None  
B. Wholesale Trade of 
alcoholic beverages 1) Unbound 
 2) Unbound  3) Unbound  4) Unbound, except as indicated in the 
horizontal section 
 1) None 
 2) None  3) None  4) None  
C. Retailing (except retail 
sale of alcoholic beverages, firearms and military equipment) 1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
 1) None 
 2) None  3) None  4) None  
D. Franchising 1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
 1) None 
 2) None  3) None  4) None    TN/S/O/USA
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5. EDUCATIONAL 
SERVICES 
    
The United States is considering including in its offer commitmen ts on Higher Education Services (including training services a nd educational testing services, but 
excluding flying instruction).  These commitments would include, inter alia , the following limitations:   
 -  Nothing in this agreement will interfere with the ability of  individual U.S. institutions to maintain autonomy in admissions  policies, in setting tuition rates, and in 
the development of curricula or course content.  Educational and training entities must comply with requirements of the jurisdi ction in which the facility is 
established.  
 -  The granting of U.S. federal or state government funding or subsidies may be limited to U.S. schools.  Scholarships and gran ts may be limited to U.S. citizens 
and/or U.S. residents of particular states.  Tuition rates may vary for in-state  and out-of-state residents  
 - Additionally, the commitments would make clear that: Admission policies include considerations of equal opportunity for stude nts (regardless of race ethnicity or 
gender), as well as recognition of credits and degrees; state re gulations apply to the establishment and operation of a facilit y in the state;  accreditation of the 
institution and its programs may be required by regional and/or sp ecialty organizations; required standards must be met to obta in and maintain accreditation; 
foreign-owned entities may be ineligible for federal or state funding or subsidies, including land grants, preferential tax tre atment, and any other public benefits; 
and to participate in the U.S. student loan program, foreign ins titutions established in the United States would need to meet t he same requirements as U.S. 
institutions.  
 
D.  Adult Education (except 
flying instruction) 1) None 
 2) None  3) The number of licenses for cosmetology 
schools in Kentucky is limited to 48 total licenses, with a total of  8 licenses allowed for operation of such schools per congressional district 
 4) Unbound, except as indicated in the 
horizontal section 
 1), 2), 3), 4) Scholarships and grants may be 
 limited to US citizens and/or residents of 
particular states and may, in some cases, only be used at certain states institutions or within certain US jurisdictions.   TN/S/O/USA 
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E. Other Education Services 1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
 horizontal section 
 1), 2), 3), 4) Scholarships and grants may be 
 limited to US citizens and/or residents of 
particular states and may, in some cases, only be used at certain states institutions or within certain US jurisdictions.  
 
6. ENVIRONMENTAL 
 SERVICES21,22 
 A.  Sewage Services
 
 Wastewater   
 Management, excluding  
 Water for Human Use   
  -
 Wastewater services  
(contracted by private industry) 
  
 
       1) None  2) None  3) None  4) Unbound, except as indicated in the  horizontal section  
 
       1) None  2) None  3) None  4) None    
 
        
                         
 21 In each of the following subsectors, US commitments are limite d to the following activities: implementation and installation o f new or existing systems for environmental cleanup, 
remediation, prevention and monitoring; implementation of envi ronmental quality control and pollution reduction services; maint enance and repair of envir onment-related systems and 
facilities not already covered by the US commitments on maintenan ce and repair of equipment; on-site environmental investigatio n, evaluation, monitoring; sample collection services; 
training on site or at the facility; consulting related to these areas. 
 22 Nothing in this offer related to transportation should be cons trued to supercede the existing US commitments on transportation  or related MFN exemptions.   TN/S/O/USA
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B. Solid/hazardous waste 
management  (contracted 
by private industry) 
 B.
  - Refuse disposal services 
          C.
 - Sanitation and Similar 
Services 
    
 
   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   
 
   1) None  2) None  3) None  4) None     1) None  2) None  3) None  4) None   
 
  
D.
 Other (Cleaning services 
of exhaust gases; Noise 
abatement services; 
Nature and landscape 
protection services; Other 
environmental services, 
n.e.c.)   
 
1) None  
 2)
 None  
 3)
 None  
 4)
 Unbound, except as indicated in the 
 horizontal section   
 
1) None  
 2)
 None  
 3)
 None  
 4)
 None  
  
  TN/S/O/USA 
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Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
C. Protection of ambient air 
and climate  
  -
 Services to reduce 
exhaust gases and 
other emissions to 
improve air quality  
     D. Remediation and cleanup 
of soil and water  
  -
 Treatment, 
remediation of 
contaminated/ 
polluted soil and 
water  
    
  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  
  
  1) None
 
 2) None
 
 3) None
 
 4) None
 
     1) None
 
 2) None
 
 3) None
 
 4) None
 
  
 
 E.  Noise and vibration 
abatement  
  - Noise abatement 
services  
       
  1) None
 
 2) None
 
 3) None
 
 4) Unbound, except as indicated in the 
 horizontal section  
  
  1) None
 
 2) None
 
 3) None
 
 4) None
 
   
F.  Protection of biodiversity 1) None  1) None     TN/S/O/USA
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and landscape  
  - Nature and landscape 
protection services   
2) None  
 3) None
 
 4) Unbound, except as indicated in the  
 horizontal section   
2) None  
 3) None
 
 4) None
 
 
G.  Other environmental and 
ancillary services  
  - 
 Other services not 
classified elsewhere   
 
  1) None
 
 2) None
 
 3) None
 
 4) Unbound, except as indicated in the  
 horizontal section  
  
 
  1) None
 
 2) None
 
 3) None
 
 4) None
 
  
  TN/S/O/USA 
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Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
[Note on the financial services offer:  
 
In response to requests from trading partners and in the expect ation that it will receive commitments to comparable openness fr om our trading partners, the United 
States of America is pleased to make the follo wing offer in financial services.  This includes:  
 Removal or narrowing of limitations listed in our Schedule of  Specific Commitments for Insurance (see attached Schedule)
 
 Removal or narrowing of limitations listed in our Schedule of Sp ecific Commitments for Banking and Other Financial Services (ex cluding insurance) (see attached 
Schedule).   
 Regarding the existing U.S. Additional Comm itments Paper II, (1), the United States notes passage of the Gramm-Leach-Bliley Act  of 1999 which establishes a 
framework for financial modernization under which conglomerates can  provide a variety of financial services in the United State s.  
 Regarding the existing U.S. Additional Commitm ents Paper II, (2), the United States notes that two additional states, Texas and  Montana, have liberalized interstate 
acquisitions of banks on a basis that provides national treatment to foreign banks, and that all states now permit interstate b ranching through mergers.  
 The United States will consider, depending on other Members
' willingness to do likewise, adopting additional mode  1 commitments for certain other activities where 
the consumer is deemed sufficiently sophisticated to manage any attendant risks, such as allowing mutual funds (collective inve stment schemes) located in the U.S. 
to obtain certain investment advice and portfolio management serv ices from financial services suppliers located outside its ter ritory.    
  
The United States will consider adopting obligations relating to transparency and other principles for regulation of financial services (as outlined in Annex I of the 
U.S. request) once further progress is made in these issues in bilateral request/offer discussions  or other appropriate WTO for a.  The United States also believes that 
it is important to continue discussions of other regulatory frame work principles important for the insurance sector (as outline d in Annex II of the U.S. request) in 
bilateral request/offer or appropriate WTO fo ra to determine how they might be addressed within the context of the GATS obligat ions. ]  
    TN/S/O/USA
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Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
7. FINANCIAL SERVICES   A. INSURANCE: 
 1. Commitments in this subsector are undertaken in accordance w ith the Understanding on Commitments in Financial Services (the AUnderstanding@), subject to 
the limitations and conditions set forth in these headnotes and the schedule below. 
 2. The market access commitments in this subsector in respect of m ode (1), as described in paragraph 2(a) of Article I of the A greement, are limited to the services 
indicated in paragraphs B.3(a) and B.3(b)  of the market access section of the Understanding.  The market access commitments in this subsector in respect of mode 
(2), as described in paragraph 2(b) of Article I of the Agreemen t, are limited to the services indicated in paragraphs B.4(a) a nd B.4(b) of the market access section of 
the Understanding.  It is understood that paragraph B.4 of the Understanding does not require that non-resident financial servi ce suppliers be permitted to solicit 
business, and no commitment to such solicitation is undertaken.  3. National treatment commitments in this subsector are subject  to the following limitation: national treatment with respect to  services and service suppliers will be 
provided according to a non-U.S. service supplier's state of domic ile, where applicable, in the United States.  State of domici le is defined by individual states, and is 
generally the state in which an insurer either is incorporated, is organized  or maintains its principal office in the United S tates. 
 4. Commitments in this sector do not cover measures set out in the entry applicable to AInsurance@ in the United States list of  exemptions from Article II.  
  
Direct Insurance a) Life, Accident, and 
Health Insurance Services (except workers compensation insurance) 
 b) Non-Life Insurance 
Services  
1) Government-owned or government- 
controlled insurance companies, whether US or foreign, are not authorized to conduct business in:  Alabama, Alaska, Arkansas, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Kansas, Kentucky, Maine, Maryland, Montana, Nevada, New Jersey (only with respect to surplus lines), New York (non-life companies are authorized; life and health companies are not), North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania
, 
Rhode Island, South Dakota, Tennessee, Washington, West Virginia
, Wyoming.    
1) A one per cent federal excise tax is 
imposed on all life insurance premiums and a four per cent federal excise tax is imposed on all non-life insurance premiums covering US risks that are paid to companies not incorporated under US law, except for premiums that are earned by such companies through an office or dependent agent in the United States. 
 When more than 50 per cent of the 
value of a maritime vessel whose hull was built under federally guaranteed mortgage funds is insured by a non-US insurer, the insured must demonstrate that the risk was substantially first offered in the US market.  
The United States undertakes the 
obligations contained in Additional Commitments  Paper I attached hereto. 
 2) None 2) None   TN/S/O/USA 
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Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
3) Government-owned or governmentcontrolled 
insurance companies, whether US or foreign, are not authorized to conduct business in:  Alabama, Alaska, Arkansas, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Kansas, Kentucky, Maine, Maryland, Montana, Nevada, New Jersey (only with respect to surplus lines), New York (non-life companies are authorized; life and health companies are not authorized), North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania
, Rhode Island, South 
Dakota, Tennessee, Washington, West 
Virginia , Wyoming.  
  
3) None  
  Branches are not permitted to provide surety 
bonds for US federal government contracts. 
  The following states have no mechanism 
for licensing initial entry of a non-US insurance company as a subsidiary, unless that company is already licensed in some other US state: Minnesota, Mississippi, and Tennessee. 
  The following states have no mechanism 
for licensing initial entry of a non-US insurance company as a branch, unless that company is already licensed in some other US state:   Arkansas, Arizona, Connecticut, Georgia, Hawaii, Kansas, Maryland, Minnesota, Nebraska, New Jersey, North Carolina, Pennsylvania
, 
Tennessee, Utah , Vermont, Wyoming, 
West Virginia .  
   
  US citizenship is required for members of the     TN/S/O/USA
 Page 69Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
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board of directors of locally established and 
licensed companies in the following states and in the following shares or numbers: 100 per cent required in Louisiana; three-quarters in Washington (mutual life companies with the majority of the board being resident in the state); two-thirds required in Oklahoma (for stock and mutual companies) and Pennsylvania; a majority required in California (for mutual insurers operating as authorized insurers only in the state of California), Florida (for stock and mutual insurers), Georgia (for stock and mutual insurers with one fourth resident in the state), Idaho (for stock and mutual insurers), Indiana, Kentucky
, Mississippi, Ohio (for 
legal reserve life insurers) , Oregon, New 
York, South Dakota (except if more than 1000 persons are entitled to vote for the board of directors and a majority of the voters reside outside the state, or less than one per cent of the shares are owned by state residents), Wyoming (for an insurer operating as an authorized insurer only in Wyoming); seven in Tennessee (for mutual life insurance companies; three resident in Illinois (for stock, mutual, or legal reserve insurers) and Missouri (life and accident).  TN/S/O/USA 
Page 70 Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
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  US citizenship for incorporators of insurance 
companies is required in the following states and in the following percentages or numbers:  100 per cent in Hawaii, Idaho (for stock or mutual insurer), Indiana, South Dakota and Washington; two
-thirds in Arizona (for stock 
and mutual insur ers), two-thirds resident in 
Georgia (for stock and mutual insurers); a majority in Alaska, Florida (for stock and mutual insurers), Arkansas (majority for mutuals or stock), Kansas (all life insurance companies and mutual insurers other than life), Kentucky (for mutual or stock insurers); Maine (life, health, and accident and mutual aid assoc with state residency for mutuals), Missouri (minimum 13 with overall majority resident in the state),  Montana (stock or mutual insurers), Texas (life, health, accident and mutual aid assoc with state residency for mutuals), Wyoming (for reserve stock and mutual insurers).  
  
 
   
 State residency is required in the following 
states for the organizing members of the following types of mutual insurance companies: Arkansas (mutuals and farm mutual insurers), California (county mutual fire insurer); Idaho (all mutuals); Kansas (all mutuals); North Dakota (all mutuals), Minnesota (township mutuals, farmers mutual fire insurance companies); Mississippi (all mutuals); Montana (farm mutual insurer); Vermont (fire cooperatives); Wyoming (farm mutual insurer).   
  
   TN/S/O/USA
 Page 71Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
  
 Seven or more US citizens, a majority of 
whom are residents of the state, may organize a fraternal benefit society in the following states: Alaska, Arizona (requi
res 
10 or more US citizens, a majority of whom 
are citizens of the state) , Arkansas, 
California, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Jersey, North Dakota,  Oklahoma (requires 10 or more US citizens, a majority of whom are residents of the state), Oregon, Pennsylvania, South Dakota, Virginia, Vermont, Washington, West Virginia and Wyoming.  
  
  
 
   
 Twenty-five or more persons domiciled in 
the state may organize a domestic reciprocal insurer in: Arizona, Arkansas, California, Delaware, Georgia, Idaho, Indiana, Kentucky, Maine, Maryland, Mississippi, Montana, Pennsylvania, South Dakota, Tennessee, Vermont,
 Virginia, Washington 
and Wyoming.  
  
 
   
4) Unbound, except as indicated in the 
horizontal section  
4) Unbound, except as indicated in the 
horizontal section 
  
  TN/S/O/USA 
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Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
c) Reinsurance and 
retrocession  
1) Government-owned or government- 
controlled insurance companies, whether US or foreign, are not authorized to conduct business in:  Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Kansas, Kentucky, Maine, Maryland, Montana, Nevada, New York (non-life companies are authorized; life and health companies are not), North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Washington, West Virginia
, 
Wyoming.  
  
1) A one per cent federal excise tax is 
imposed on all premiums covering US risks that are paid to companies not incorporated under US law, except for premiums that are earned by such companies through an office or dependent agent in the United States. 
  In Texas, total direct reinsurance of 
mutual life insurance companies may not be entered into with non-US companies.  
 
 
  
 Insurance companies incorporated in Nevada 
may purchase reinsurance only from an insurer admitted to Nevada.  All insurers writing workers' compensation insurance in Minnesota must purchase reinsurance from the Minnesota Workers' Compensation Reinsurance Authority.  Unbound for Maine for the provision of reinsurance for workers' compensation.   
  
 
   
2) Insurance companies incorporated in Nevada 
may purchase reinsurance only from an insurer admitted to Nevada. All insurers writing workers' compensation insurance in Minnesota must purchase reinsurance from the Minnesota Workers' Compensation Reinsurance Authority. Unbound for Maine for the provision of reinsurance for workers' compensation. 
  
2) None  
   TN/S/O/USA
 Page 73Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
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 3) Government-owned or government- 
controlled insurance companies, whether US or foreign, are not authorized to conduct business in:  Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Kansas, Kentucky, Maine, Maryland, Montana, Nevada, New York (non-life companies are authorized; life and health companies are not), North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Washington, West Virginia
, 
Wyoming.   
  The following states have no mechanism for 
licensing initial entry of a non-US insurance company as a subsidiary, unless that company is already licensed in some other US state: Maryland,  Minnesota, Mississippi, and Tennessee
.  After a license is obtained in 
some other US state, licensing and entry into the states listed above is permitted.  3) None  
  The following states have no mechanism for 
licensing initial entry of a non-US insurance company as a branch, unless that company is already licensed in some other US state:   Arkansas, Arizona, Connecticut, Georgia, Kansas, Maryland, Minnesota, Nebraska, New Jersey, North Carolina, Pennsylvania, Tennessee, Utah
, Vermont, Wyoming, West 
Virginia .  After a license is obtained in some 
other US state, licensing and entry into the states listed above is permitted. 
 4) Unbound, except as indicated in the 
horizontal section.  
           4) Unbound, except as indicated in the 
horizontal section.  
d) Services Auxiliary to 1),  Nonres ident licenses are not issued to    TN/S/O/USA 
Page 74 Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
Insurance:  
  (applicable to sub-sectors 
i), ii) and iii) below) 
 3) individuals not licensed in another US state 
in Arkansas (agents, brokers, adjusters, consultants), Connecticut (producers/adjusters/appraisers/ consultants/ brokers/reinsurance intermediary), Colorado (producer, adjuster and reinsurance intermediary), California (agents/brokers), Delaware (broker/agent/reinsurance intermediary), Georgia (counselor/adjuster), Florida (agent/broker), Hawaii, Illinois (producers/ adjusters/reinsurance intermediaries), Indiana (agent/broker), Kansas (agent/ broker
), Ken tucky 
(agent/broker) , Louisiana (agent/broker), 
Maine (agent/ broker), Maryland (agent/broker/reinsurance agent/reinsurance broker), Mississippi (agent/broker), Missouri 
(brokers) ,  Montana (producer's 
license/agent/broker), Nevada (solicitor/ adjuster/property bondsman/bail solicitor), New Jersey (producer's agent/broker), New 
Mexico (bailbondsmen/solicitors/broker 
agent) , North Dakota (agents/brokers)  
Nebraska (producer's license/agent/broker ),  
 
  New York (reinsurance intermediary), North 
Carolina (reinsurance intermediary), Oregon (agent/adjuster/consultant/reinsurance intermediary), Pennsylvania (adjuster/solicitor), South Dakota (agent), Virginia (agents/brokers/consultants), West Virginia (broker/reinsurance intermediary) and Texas (agent/broker), Washington (agent/broker). 
   
     TN/S/O/USA
 Page 75Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
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i) Brokerage Services23 1), Brokerage licenses are not issued to  
3) non-residents in:  South Dakota , Wyoming. 
  Brokerage licenses are issued to 
non-residents for only certain lines of insurance in:  Alabama (all except life, accident & health), Arkansas (property, casualty, surety & marine), California, Louisiana (property & casualty), New 
Mexico (property & casualty) . 
  All states require in-state residency for 
surplus lines brokers except Idaho, Nebraska, 
North Carolina, North Dakota, Oregon, 
Texas, Vermont, West Virginia, Wyoming.  
 2) None  4) Unbound, except as indicated in the 
horizontal section. 1), Higher license fees for non-residents  
3) may be charged in:  Alaska, Arizona
, 
Arkansas , California, Colorado, Georgia, 
Indiana, Louisiana, Maine,  Massachusetts, Montana, Nebraska, 
Nevada , New Hampshire, New Mexico, 
North Carolina, North Dakota, Ohio , 
Oklahoma, Pennsylvania , Rhode Island, 
South Carolina, Utah , Vermont. 
       2) None  4) Unbound, except as indicated in the 
horizontal section. 
 
ii) Agency Services 1), Agency li censes are issued to non-residents 
3) for all or only certain lines of insurance in: 
California, Florida (general lines, life & health), Kansas,  Kentucky (general lines, 
life & health) , Louisiana (life & health), New 
Mexico (life & health), Ohio (life & 
casualty) , Oregon, Rhode Island (all except 
general lines), Texas. 
   1), Higher license fees for non-residents  
3) may be charged in:  Alaska, Arkansas, 
California, Colorado, Florida, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Mississippi, Montana, Nebraska, Nevada
, New 
Hampshire, New Jersey, New Mexico, North Dakota, Oklahoma, Pennsylvania
, 
Rhode Island, South Carolina , South 
Dakota, Tennessee, Utah , Vermont, 
Wisconsin, Wyoming.  
  
  All states require in-state residency for   
                         
 23 For transparency purposes, it should be noted that brokerage firm s can generally offer services in most states by obtaining li censes as "brokers" and in other states by obtaining 
licenses to operate as "agents".  Brokerage  licenses are not issued in Florida, Io wa, Kentucky, Michigan, Minnesota, Mississipp i, Oregon, Tennessee, Texas,  Virginia, West Virginia, 
Wisconsin.  TN/S/O/USA 
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surplus lines agents except Alaska, Idaho, 
Kentucky, Louisiana, Nevada, Ohio, Oregon, 
Texas, West Virginia, Wyoming . 
 2) None  4) Unbound, except as indicated in the 
horizontal section. 
  
   2) None  4) Unbound, except as indicted in the 
horizontal section. 
 
iii) Consultancy, Actuarial, 
Risk Assessment, and Claim Settlement Services 1), Licenses are not issued to 
3) nonresidents in: Alabama (adjuster, solicitor, 
service representative), California (adjuster, insurance analyst, motor club agents,  bail bondsman), Florida (customer representative), Georgia (counselor, adjuster), Hawaii (adjuster, solicitor), Idaho 
(solicitor) , Indiana (bail bondsmen), 
Kentucky (adjuster), Maryland (adjuster), 
Michigan (adjuster), Montana (adjuster), Nevada (solicitor
, adjuster, property 
bondsman), New Mexico (solicitor) , North 
Carolina (limited representatives, adjusters, 
motor vehicle damage appraisers,  
professional bondsmen, runners), Oklahoma (bail license), Oregon, Pennsylvania (motor vehicle damage appraiser), Washington (solicitor, adjuster), West Virginia (adjuster, 
solicitor), and Wyoming (adjuster, solicitor) . 
 1), None 
3)     TN/S/O/USA
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 In-state residency is required for licensure in: 
California (for adjusters; and for life and disability insurance analysts), Georgia (for inspection when not accompanied by a licensed resident adjuster), Illinois (for non-resident public adjusters who are licensed in a state which does not permit equal treatment to Illinois residents), Maryland,  Mississippi (for independent adjusters), and Nevada (for appraisers and adjusters). 
  
  
 
   
 US citizenship is required for licensure in:  
Alabama (for agents, brokers, solicitors, managing general agents and service representatives), Idaho (for ag
ents, brokers, 
solicitors and surplus lines brokers) , Missouri 
(for brokers), Nebraska (for brokers), New Mexico (for solicitors and
 bailbondsmen), 
Ohio (for surplus lines brokers) and  
Oklahoma (for bail license). 
 2) None  4) Unbound, except as indicated in the 
horizontal section. 
  
 
         2) None  4) Unbound, except as indicated in the 
horizontal section.  
  TN/S/O/USA 
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B. FINANCIAL SERVICES (LIMITED TO BANKING AND OTHE R FINANCIAL SERVICES AND EXCLUDING INSURANCE):   
  1. Commitments in these subsectors are undertaken in accordance w ith the Understanding on Commitments in Financial Services (th e AUnderstanding@), subject 
to the limitations and conditions set forth in  these headnotes and the schedule below. 
 2. The market access commitments in these subsectors in respect of modes (1) and (2), as described in paragraphs 2(a) and (b) o f Article I of the Agreement, are 
limited to the services indicated in paragraphs B.3(c) and B.4( c) of the market access section of the Understanding, respective ly.  It is understood that paragraph 
B.4 of the Understanding does not require that non-resident fina ncial service suppliers be perm itted to solicit business, and n o commitment to such solicitation is 
undertaken. 
 
3. National treatment commitments in these subsectors are subj ect to the following limitation:  National treatment will be prov ided based upon the foreign bank's 
Ahome state@ in the United States, as that term is defined unde r the International Banking Act, where that Act is applicable.   A domestic bank subsidiary of a 
foreign firm will have its own Ahome state@ and national treatme nt will be provided based upon the subsidiary's home state, as determined under applicable 
law.24 
 
4. Service suppliers choosing to supply a service through a juri dical person constituted under the laws of the United States ar e subject to non-discriminatory 
limitations on juridical form.25 
 5. The offer of new financial services or products is subject, on a non-discriminatory basis, to relevant institutional and jur idical form requirements. 
 
 
All Subsectors, except as 
specifically provided below  
1), Michigan limits, according to the country  
2), of their home charters, the banks in which  3) corporate credit unions may place deposits.   
1) None 
 2) None  
The United States undertakes the 
obligations contained in Additional Commitments Paper II attached hereto. 
                         
 24 Foreign banking organizations are generally  subject to geographic and other limitations  in the United States on a national tre atment basis.  Where such limitations do not conform to 
national treatment, they have been reserved as market access re strictions.  For purposes of illustration, under this approach, the following situation does not accord national treatment and 
would therefore be scheduled as a limitation:  a foreign bank from a particular home state is accorded less favorable treatment  than that accorded to a domes tic bank from that state with 
respect to expansion by branching.  
25 For example, partnerships and sole proprietorships are gene rally not acceptable juridical forms for depository financial insti tutions in the United States.   TN/S/O/USA
 Page 79Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
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3) All directors of a national bank must be U.S. 
citizens unless a national bank is an affiliate or subsidiary of a foreign bank, in which case only a majority of the board need be U.S. citizens. 
  Foreign ownership of Edge corporations is 
limited to foreign banks and US subsidiaries of foreign banks, while domestic non-bank firms may own such corporations. 
  Federal and state law do not permit a credit 
union, savings bank, home loan or thrift business in the United States to be provided through branches of corporations organized under a foreign country's law. 
  In order to accept or maintain domestic retail 
deposits of less than $100,000, a foreign bank must establish an insured banking subsidiary.  This requirement does not apply to a foreign bank branch that was engaged in insured deposit-taking activities on December 19, 1991. 
  
3) Foreign banks are required to register 
under the Investment Advisers Act of 1940 to engage in securities advisory and investment management services in the United States, while domestic banks (or a separately identifiable department 
or division of the bank)  are exempt from 
registration unless they advise registered 
investment companies .  The registration 
requirement involves record maintenance, inspections, submission of reports and payment of a fee. 
  Foreign banks cannot be members of the 
Federal Reserve System, and thus may not vote for directors of a Federal Reserve Bank.  Foreign-owned bank subsidiaries are not subject to this measure. 
  
  TN/S/O/USA 
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Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
  Unbound with respect to paragraph 2(e) of 
Article XVI of the Agreement, and paragraphs A, B.5 and B.6 of the Understanding in relation to the expansion, via the establishment of a branch or the acquisition of one or more branches of a bank without acquisition of the entire bank, by a foreign bank into another state from its Ahome state,@ as that term is defined under applicable law. Except as specifically set forth elsewhere in this schedule, such expansion shall be provided on a national treatment basis in accordance with headnote 3.  
   
 
  
 Interstate expansion by a foreign bank 
through the establishment of branches by merger with a bank located outside the "home state," as that term is defined under applicable law, of a foreign bank shall be 
provided on a national treatment basis in 
accordance with headnote 3,   is prohibited 
where Montana or Texas is the home state of 
the foreign bank or is the state where the 
bank is located that is to be merged into the 
foreign bank , resulting in the establishment 
of branches.   except as specifically set forth 
elsewhere in this schedule, such expansion 
shall be provided on a national treatment 
basis in accordance with headnote 3 .  
  
  
   TN/S/O/USA
 Page 81Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
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 Unbound for initial entry by establishment or 
acquisition of state-chartered banks or state-licensed offices of foreign banks as indicated in the following forms: California (branch; also savings and loan association); Connecticut (bank or holding company; also credit union); Georgia (agency); Illinois (branch); Kentucky (subsidiary); Louisiana (agency); Massachusetts (subsidiary or branch); Michigan (agency); North Carolina (subsidiary, branch, agency, or representative office); Pennsylvania (any deposit-taking or representative bank office);  Washington (branch, agency, or representative office).  The limitations in this paragraph do not apply to initial establishment or acquisition of a national bank subsidiary by a foreign person or establishment of a federal branch or agency by a foreign bank that does not already have a banking presence in the United States, or generally to interstate expansion.  Such limitations may apply to interstate expansion through state-licensed limited branches, agencies, or representative offices.
26  
  
  
 
  The following states are unbound for the 
specified activities: Indiana (establishment of service offices by foreign-owned credit unions); Iowa (activities of foreign-owned savings and loan associations; foreign-owned bank or trust company acting as fiduciary; use of satellite banking terminals).
27  
   
                         
 26 The limitations in this paragraph reflect state reciprocity measures. 
 27 The limitations in this paragraph reflect state reciprocity measures.  TN/S/O/USA 
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Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
  Initial entry or expansion by a foreign person 
(but not a domestic person) through acquisition or establishment of a state-chartered commercial bank subsidiary is prohibited or otherwise limited in the following states:  Alabama; Arizona; Arkansas; California (limit on foreign non-bank ownership of international banking corporation); Colorado; Delaware; Indiana; Kansas; Louisiana; Maryland; Michigan; Minnesota; Mississippi; Montana; Nebraska; Nevada; North Carolina; North Dakota; Oklahoma; Oregon; Pennsylvania; South Carolina; Tennessee; Vermont; Virginia; Washington; West Virginia; Wisconsin; Wyoming.  The limitations in this paragraph do not apply to establishment or acquisition of a national bank subsidiary by a foreign person that does not already have a banking presence in the United States. 
   
  The following states limit initial entry or 
expansion by a foreign person through acquisition or establishment of the following entities:  Delaware (savings and loan associations; savings banks); Ohio (savings and loan associations; savings banks; credit unions); Tennessee (savings and loan associations; savings banks; credit unions; trust companies); Washington (savings and loan associations; savings banks; credit unions; trust companies).  
     TN/S/O/USA
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 The boards of directors of depository 
financial  institutions organized under the following states' laws are subject to U.S. citizenship requirements of up to the specified proportions:  Alabama (all); Colorado (3/4); District of Columbia (all); Florida (majority); Georgia (all
 3/4); Indiana 
(3/4); Iowa (majority); Kentucky (all); Louisiana (majority);
 Massachusetts 
(majority); Mississippi (all);  Missouri (all); New Hampshire (majority);  New Jersey (all); New Mexico (3/4); New York (all; applies also to trustees of mutual savings bank or savings and loan associations, and to  committees of credit unions); North Carolina (3/4); North Dakota (majority); Pennsylvania (all, but may be waived); South Dakota (3/4); Tennessee (all); Vermont (2/3); West Virginia (majority); Wisconsin (2/3).   
 Texas allows pre-judgment seizure 
remedies and civil discovery requests
 to 
be applied against foreign bank agencies, 
while bank subsidiaries of foreign banks 
and branches of foreign banks are 
exempt to the same extent as domestic 
banks incorporated in Texas.  subsidiaries 
are exempt . 
  The following states require direct 
branches or agencies of foreign banks to register under securities broker-dealer or investment adviser measures, while bank subsidiaries of foreign banks are exempt from such registration to the same extent as domestic banks incorporated in the state:  Alabama; Arizona; Arkansas; California; Connecticut; Delaware; District of Columbia; Georgia; Idaho; Iowa; Kansas;  Louisiana;  Maryland; Mississippi; Missouri;  Nebraska; New Hampshire; New Jersey; New Mexico; New York; North Carolina; Ohio; Oklahoma; Pennsylvania; South Dakota; Tennessee; Texas; Vermont; Washington.  These limitations do not apply to Federally licensed branches or agencies. 
  
  TN/S/O/USA 
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  U.S. citizenship is also required for the 
incorporators or organizers of depository financial institutions organized under state law.   Residence within a state may also be required for directors, incorporators, organizers, or executive committee members of depository financial institutions organized under state law. 
  U.S. citizenship is required to engage in 
specified activities in the following states:  Arizona (collection agency); Indiana (collection agency); Illinois (safe deposits); Nevada (collection agency). 
  Establishment of a  branch or agency by a 
foreign bank is limited as specified in the following states: 
  - State branch license subject to certain 
limitations --California (no trust/ fiduciary powers); Hawaii (no trust/ fiduciary powers);  Massachusetts; Oregon; Pennsylvania; Utah (no trust/ fiduciary powers); Washington (limited trust/fiduciary powers and restricted to one office per bank).  These limitations do not apply to  The following states require direct 
branches or agencies of foreign banks, but not bank subsidiaries of foreign banks, to register or obtain licenses in order to engage in the following activities:  Arkansas (selling checks; mortgage transactions); California (selling payment instruments); Delaware (sale or cashing of checks, drafts, money orders; motor vehicle financing; transportation of money/valuables); Georgia (mortgage lending/brokerage, check selling/cashing); Indiana (money transmission; loan brokerage); Kansas (money transmission); Maryland (selling payment instruments, traveler's checks); Massachusetts (check selling/cashing; foreign transmittal agencies; motor vehicle financing; insurance premium financing; retail installment sales/ servicing; residential real estate mortgage financing -- license requirement applies only to agencies); North Carolina (selling checks); Oklahoma (selling checks); Pennsylvania (mortgage banking/ brokerage); Tennessee (money transmission; residential lending/  
   Federal branches.   brokerage; industrial loan and thrift 
activities); Texas (currency exchange or transmission --does not apply to Texas agencies; selling checks); Virginia (mortgage lending/brokerage; money transmission; sale of money orders; check cashing); Wisconsin (selling checks).    TN/S/O/USA
 Page 85Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
  - State branch license not available, but 
state agency license is available in Idaho and West Virginia. 
  - No state branch or agency license 
available – Arizona; Arkansas; Colorado; Indiana; Iowa;  Minnesota; Montana; Nebraska; New Mexico; North Dakota;  Oklahoma; Rhode Island; South Carolina; South Dakota; Tennessee; Vermont; Virginia; Wisconsin.  These limitations do not apply to Federal offices. 
  
  
 
  - Branch license not available but 
agency license is, subject to any specified limitations --Delaware (state license limited to one office per bank and cannot operate in a manner likely to result in a substantial detriment to existing bank; no fiduciary powers); Florida (available only to a foreign bank with at least $25 million in capital or that is one of five largest banks in its home country);  Georgia (available only to foreign bank with at least $50 million in excess of  liabilities; no fiduciary and limited other powers); Louisiana (limited to parishes with more than 350,000 residents); Mississippi; Missouri (no fiduciary powers); Oklahoma (foreign bank must have at least $25 million in capital or, inter
 alia, be one of five 
largest banks in its home country; special asset. 
  The following states restrict various 
commodities transactions by foreign bank branches and agencies, but not by other depository financial institutions:  Arizona; California; Idaho; Indiana; Iowa; Mississippi; Missouri; Nebraska; New Hampshire; Washington. 
  Offers and sales of securities to foreign 
bank branches and agencies in the following states are subject to registration/disclosure requirements that do not apply if the transaction involves other financial institutions:  Illinois;  Indiana; Louisiana; Montana; Nebraska; New Jersey; North Dakota; Tennessee; Texas (applies to branches and agencies of all foreign financial institutions).   TN/S/O/USA 
Page 86 Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
  - maintenance/capital equivalency rules 
apply, as do other restrictions); Texas (one office only, limited to metropolitan areas with at least 500,000 residents; limited fiduciary powers).  Certain restrictions on fiduciary powers apply to federal agencies. 
  - No branch or state agency license 
available --Wyoming. 
  - No branch or agency license available -
--Alabama; Kansas; Maryland; North Dakota. 
  Representative offices of foreign banks are 
not permitted in the following states, or are limited as specified:  Arizona; Arkansas; Colorado; Kansas; Kentucky; Michigan; Mississippi; Montana; North Dakota; Oklahoma (foreign bank must have at least $10 million in capital or, inter alia , be one of 
the five largest banks in its home country; special asset maintenance/capital equivalency  
 
                          
 
   requirements may apply); Oregon; Rhode 
Island; South Carolina; South Dakota; Tennessee; Vermont; Virginia;  Wisconsin; Wyoming.  Other states require incorporation of representative offices. 
 4) Unbound, except as indicated in the 
horizontal section. 
  
 
     4) Unbound, except as indicated in the 
horizontal section.  
   TN/S/O/USA
 Page 87Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
 Trading of Securities and 
Derivative Products and Services Related Thereto; Participation in Securities Issues  
1), Federal law prohibits the offer or sale of  
2), futures contracts on onions, options contracts3) on onions, and options on futures contracts 
on onions in the United States, and services related thereto. 
  Unbound for the authority to act as a sole 
trustee of an indenture for a bond offering in the United States. 
  Unbound with respect to the use of simplified 
registration and periodic reporting forms for securities issued by small business corporations. 
 4) Unbound, except as indicated in the 
horizontal section. 
  
1), 2), 3) None 
              4) Unbound, except as indicated in the 
horizontal section.  
 
  Participation in Issues of 
Government Debt Securities  
1),2) None 
 3) Unbound for the granting or continuation of 
Federal Reserve designation as a primary dealer in US government debt.  
 4) Unbound, except as indicated in the 
horizontal section. 
   
1), 2), 3) None 
     4) Unbound, except as indicated in the 
horizontal section. 
  
  TN/S/O/USA 
Page 88 Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
8. HEALTH RELATED & 
SOCIAL SERVICES 
 A. HOSPITAL AND 
OTHER HEALTH CARE FACILITIES - Direct ownership and management and operation by contract of such facilities on a "for fee" basis  
 
   1) Unbound*  2) None      3) Establishment of hospitals or other health 
care facilities, procurement of specific types of medical equipment, or provision of specific types of medical procedures may be subject to needs-based quantitative limits. 
  
 
   
1) Unbound* 
 
2) Federal or state government 
reimbursement of medical expenses is limited to licensed, certified facilities in the United States or in a specific US state 
 
3) None  
 
   
 In New York, corporate ownership of an 
operating corporation for, and limited partnerships as operators of, hospitals, nursing homes (including long term health care centers) or diagnostic and treatment centers is prohibited.  If the operator has any members which are not natural persons or is a corporation whose shares of stock are owned by another corporation, a New York corporation must be established as the operator of a licensed home care services agency and a certified home health agency.  
  
  
 
   
 In Michigan and New York Health 
Maintenance Organizations must be incorporated in those states. 
  
  
 
   
4) Unbound except as indicated in the 
horizontal section  
4) None  
   TN/S/O/USA
 Page 89Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
9. TOURISM AND 
TRAVEL RELATED SERVICES 
    
A. HOTELS AND 
RESTAURANTS (INCLUDING CATERING) 1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
 1) None 
 2) None  3) None  4) None  
B. TRAVEL AGENCIES 
AND TOUR OPERATORS 1) None 
 2) None  3) Official tourism offices with diplomatic or 
official status are not permitted to operate on a commercial basis in the United States or to act as agents or principals in commercial transactions 
 4) Unbound, except as indicated in the 
horizontal section 
 1) None 
 2) None  3) None      4) None  
C. TOUR GUIDE 
SERVICES 1) None 
 2) None  3) The number of concessions available for 
commercial operations in federal, state and local facilities is limited 
 4) Unbound, except as indicated in the 
horizontal section 
 1) None 
 2) None  3) None    4) None   TN/S/O/USA 
Page 90 Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
D. OTHER 1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
 1) None 
 2) None  3) None  4) None  
10. RECREATIONAL, 
CULTURAL, & SPORTING SERVICES    
A. ENTERTAINMENT 
SERVICES (INCLUDING THEATER, LIVE BANDS AND CIRCUS SERVICES) (except non-
profit, public, and 
publicly-funded entities)   
  -
 Theatrical producer, 
singer group, band 
and orchestra 
entertainment 
services  
  - Services provided by 
authors, composers, 
sculptors, 
entertainers and other 
individual artists  
  - Ancillary theatrical
 
  services n.e.c.  
  
    1) None  2) None  3) None  4) Unbound, except as indicated in the 
horizontal section  
    1) None  2) None  3) None  4) None    TN/S/O/USA
 Page 91Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 - Circus, amusement 
park and similar 
attraction services  
 - Ballroom, 
discotheque and 
dance instructor 
services  
  - Other entertainment 
services n.e.c.  
   Cinema theater 
services , including 
motion picture  
Cinema projection services 
  
  
  
 
 B. NEWS AGENCY 
SERVICES 
  -
 News agency 
services to 
newspapers and 
periodicals  
  - News-reporting 
agency services to 
radio stations  
  - News agency 
services to television 
stations  
  - Other news agency 
services   
  
 
  1) None  2) None  3) None  4) Unbound, except as indicated in the 
horizontal section  
 
  1) None  2) None  3) None  4) None  
 
C. LIBRARIES,  
1) None  
1) None  
  TN/S/O/USA 
Page 92 Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
ARCHIVES, MUSEUMS 
AND OTHER CULTURAL SERVICES (except non-profit, 
public, and publicly-
funded entities)   
   
2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
  
2) None  3) None  4) None 
D. OTHER 
RECREATIONAL SERVICES (except sporting) 1) None 
 2) None  3) The number of concessions available for 
commercial operations in federal, state and local facilities is limited 
 4) Unbound, except as indicated in the 
horizontal section 
 1) None 
 2) None  3) None    4) None    TN/S/O/USA
 Page 93Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
11. TRANSPORT 
SERVICES 
    
C. AIR TRANSPORT 
SERVICES:  Aircraft repair and maintenance.  (Aircraft repair and maintenance activities, when undertaken on an aircraft or a part thereof, while it is withdrawn from service.  Does not include line maintenance or other repair or maintenance activities undertaken by an air carrier (includes its agents or contractors) on aircraft it owns, leases, or operates.) 
 1) Unbound* 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 1) Unbound* 
 2) None  3) None  4) None  
 
E. RAIL TRANSPORT 
  
  
  
 
 a) Passenger Transportation, 
excluding high speed rail 
 b) Freight Transportation  
1) None 
 2) None  3) Foreign railroads must incorporate in 
Vermont or in an adjacent state in order to own directly or indirectly the stock of a railroad company incorporated in Vermont 
 4) Unbound, except as indicated in the 
horizontal section 
  
1) None 
 2) None  3) None     4) None  
  TN/S/O/USA 
Page 94 Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
d) Maintenance and Repair 
of Rail Transport Equipment  
1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
  
1) None 
 2) None  3) None  4) None  
 
F. ROAD TRANSPORT 
    
a) Passenger transport: 
Interurban regular transport 1) Unbound until January 1, 1997.  No 
limitations after  that date.  None  
 2) None  3) Unbound until January 1, 2001.  No 
limitations after that date.  None  
 4) Unbound, except as indicated in the 
horizontal section 
 1) Unbound until January 1, 1997.  No 
limitations after that date.  None  
 2) None  3) Unbound unti
l January 1, 2001.  No 
limitations after that date.  None  
 4) None  
b) Freight transport 
(Commitment limited to transportation of cargo that has either an origin or a destination outside the United States) 1) Unbound until December 17, 1995.  After 
Decembe r 17, 1995, unbound except to or 
from California, Arizona, New Mexico and 
Texas through different ports of entry.  No 
limitations after January 1, 2000.  None  
 2) None  3) Unbound until December 17, 1995.  After 
December 17, 1995, no limitations  None  
 4) Unbound, except as indicated in the 
horizontal section 
 1) None 
     2) None  3) None   4) None    TN/S/O/USA
 Page 95Modes of supply:             1)    Cross- border supply         2)    Consumption abroad            3)    Commercial presence          4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
d) Maintenance and Repair 
of Road Transport Equipment  
1) Unbound* 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
  
1) Unbound* 
 2) None  3) None  4) None  
 
 H. SERVICES AUXILIARY TO ALL MODES OF TRANSPORT 
 
 
d) Other Supporting and 
Auxiliary Transport Services: Customs House Brokers  
1) Unbound* 
 2) None  3) Services must be supplied by a corporation, 
association or partnership.  One officer of a corporation or association or one of the members of a partnership must hold a valid customs broker's license in order for the entity to engage in such business.  A customs broker's license may only be obtained by a US citizen. 
 4) Unbound, except as indicated in the 
horizontal section  
1) Unbound* 
 2) None  3) None         4) None  
 
     TN/S/O/USA 
Page 96 Energy Services Offer by the United States  
  
The United States is considering incl uding the following services sectors as  part of its energy services offer:  
  Part I of the energy services o ffer includes services for which co mmitments have already been made. 
 
  Part II of the energy services offer incl udes services for which commitments have not yet been made.  The United States may ex pand Part II of this offer to 
include additional services.  The specific content of commitments for services listed in Part II will be developed pending the results of discussions concerning a 
proposed guide for scheduling commitments on energy services.  
 Nothing in Part I or Part II of the U.S. offer on energy services should be construe d as extending a mode 3 right to acquire or  invest in a government monopoly 
that provides a service within any of the s ectors or subsectors included in the offer.  
 
  
Modes of supply:  1) Cross-border supply  2) Consumption abro ad  3) Commercial presence  4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limitations on Nation al Treatment Additional Commitments 
 
PART I  
  
  
 
 1.F.h Services Incidental to 
Mining  
1) None 
 2) None  3) None  4) Unbound, except as indicated in the horizontal section  
1) None 
 2) None  3) None  4) None  
 
1.F.m Related Scientific & 
Technical Consulting (except land surveying for the purpose of establishing legal boundaries, aerial surveying and aerial map-making) 1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
 1) None
28 
 2) None
28 
 3) None
28 
 4) None  
                         
28 For those functions where an engineering degree is re quired, the US limitations on engineering also apply.   TN/S/O/USA
 Page 97 
Modes of supply:  1) Cross-border supply  2) Consumption abro ad  3) Commercial presence  4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limitations on Nation al Treatment Additional Commitments 
 
1.F.j Services Incidental to Energy 
Distribution  
1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
  
1) None 
 2) None  3) None  4) None  
 
 4.A  Commission Agents' Services: 
sales of fuels, brokerage of electricity   
1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
  
1) None 
 2) None  3) None  4) None  
 
 4.B Wholesale Trade: solid, liquid, 
and gaseous fuels and related products   
1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
  
1) None 
 2) None  3) None  4) None  
  TN/S/O/USA 
Page 98  
Modes of supply:  1) Cross-border supply  2) Consumption abro ad  3) Commercial presence  4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limitations on Nation al Treatment Additional Commitments 
 
4.C Retailing: fuel oil, bottled gas, 
coal, and woods  
1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
  
1) None 
 2) None  3) None  4) None  
 
 1.A.e Engineering Services   
1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section.  In addition, US citizenship is required for licensure in the District of Columbia.  
1) None 
 2) None  3) None  4) In-state residency is required for 
licensure in:  Idaho, Iowa, Kansas, Maine, Mississippi, Nevada, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, and West Virginia. 
  
 
 1.A.f Integrated Engineering 
Services   
1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section.  In addition, US citizenship is required for licensure in the District of Columbia.  
1) None 
 2) None  3) None  4) In-state residency is required for 
licensure in:  Idaho, Iowa, Kansas, Maine, Mississippi, Nevada, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, and West Virginia. 
  
   TN/S/O/USA
 Page 99 
Modes of supply:  1) Cross-border supply  2) Consumption abro ad  3) Commercial presence  4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limitations on Nation al Treatment Additional Commitments 
 
1.F.n  Maintenance & Repair of 
Equipment (except maritime vessels, aircraft, and other transport equipment)   
1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
  
1) None 
 2) None  3) None  4) None  
 
 1.F.c Management Consulting   
1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
  
1) None 
 2) None  3) None  4) None  
 
 1.F.d Services Related to 
 Management Consulting   
1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section  
1) None 
 2) None  3) None  4) None  
  TN/S/O/USA 
Page 100  
Modes of supply:  1) Cross-border supply  2) Consumption abro ad  3) Commercial presence  4) Presence of natural persons 
Sector or Sub-sector Limitations on Market Access Limitations on Nation al Treatment Additional Commitments 
 
3. CONSTRUCTION & 
RELATED ENGINEERING SERVICES - except Marine Dredging   
1) Unbound* 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section.   In addition, an in-state office must be maintained by all contractors in Michigan. 
  
1) Unbound* 
 2) None  3) None  4) None  
 
 
 
PART II  
 
11.G Pipeline transportation of fuels  
 11.H.b Storage and warehouse services: Bulk storage services of liquids and gases
 
 1.F.e Technical testing and analysis services, except for technical  testing and analysis services related to medical devices, f ood, and food products
 
  TN/S/O/USA 
 Page 101 
  
 
ATTACHMENT TO THE UNITED STATES SCHEDULE 
 
REFERENCE PAPER  
 
Scope  
 The following are definitions and principles 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 tec hnically substituted in order to provide a 
  service. 
 A major supplier
 is a supplier which has the ability to mat erially affect the terms of participation 
(having regard to price and supply) in the relevant market for basic telecomm unications 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 competitors with anti-competitive results;  and   (c) not making available to other servi ces suppliers on a timely basis technical 
information about essential facilities and commercially relevant information which 
are necessary for them to provide services.  
 TN/S/O/USA 
Page 102   
2. Interconnection
 
 2.1 This section applies to linking with suppli ers 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, wh ere specific commitments 
are undertaken.  2.2 Interconnection to be ensured
29 
  Interconnection with a major supplier will be ensu red at any technically feasible point in the 
network.  Such interconnection is provided.   (a) under non-discriminatory terms, conditi ons (including technical standards and 
specifications) and rates and of a quality no  less favorable than that provided for its 
own like services or for like services of no n-affiliated service suppliers or for its 
subsidiaries or other affiliates; 
  (b) in a timely fashion, on terms, co nditions (including technical standards and 
specifications) and cost-oriented rates th at are transparent, reasonable, having 
regard to economic feasibility, and suffici ently unbundled so that the supplier need 
not pay for network components or facilit ies that it does not require for the service 
to be provided;  and 
  (c) upon request, at points in addition to the 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 procedures for interconnection negotiations
 
  The procedures applicable for interconnectio n to a major supplier will be made publicly 
available.  2.4 Transparency of interconnection arrangements
 
  It is ensured that a major supplier will ma ke publicly available either its interconnection 
agreements or a reference interconnection offer.  
                         
 29 Rural local exchange carriers may be exempted by a state regulatory authority for a limited period of time from the 
obligations of section 2.2. with regard to inte rconnection with competing local exchange carriers. 
 Rural telephone companies do not have to pr ovide interconnection to competing local ex change carriers in the manner specified 
in section 2.2. until ordered to do so by a state regulatory authority.  TN/S/O/USA 
 Page 103 
  
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 terms, conditions and rates for interconnection 
within a reasonable period of time, to the extent  that 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-discriminatory  and competitively neutral manner and are not 
more burdensome than necessary for the kind of uni versal service defined by the Member.      
 4. Public availability of licensing criteria
 
  Where a license is required, the following will be made publicly available:   (a) all the licensing criteria and the peri od of time normally required to reach a 
decision concerning an application for a license  and 
  (b) the terms and conditions of  individual licenses.   The reasons for the denial of a license 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 a nd 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 u se of scarce resources, including frequencies, 
numbers and rights of way, will be carried out in an objective, timely, transparent and non-
discriminatory manner. The current state of allo cated frequency bands will be made publicly 
available, but detailed identification of frequenc ies allocated for specifi c government uses is not 
required. TN/S/O/USA 
Page 104   
ATTACHMENT TO THE UNITED STATES SCHEDULE 
 
ADDITIONAL COMMITMENTS PAPER I
 
 (a) Taking note of principles of federalism under the United States Constitution, recognizing 
that insurance has been regulated at the st ate government level since the beginning of 
insurance regulation in the United States, and further recognizing the provision of the McCarran-Ferguson Act that A[t]he business of in surance...shall be subject to the laws of 
the several States,@ the Government of the Unit ed States welcomes efforts by the National 
Association of Insurance Commissioners (ANAIC@ ) to promote the harmonization of state 
insurance regulation, through such steps as its Accreditation Program and the preparation of model insurance laws. 
 (b) The Government of the United States notes that under Accreditation Program, the NAIC 
selects an independent team of auditors to rev iew the compliance of states with the laws, 
regulations, and regulatory and organizational practices contained in the NAIC accreditation standards.  The team reports to  the NAIC, which determines whether a state 
qualifies for accreditation under the standards.   As of October 11, 1994, 37 states were 
accredited by the NAIC through this program. 
 (c) The Government of the United States no tes that NAIC Model Laws are designed to 
facilitate legislative and regulatory action on common problems among the states and are intended to save duplication of effort on the part  of the states.  Some models are adopted by 
all or most of the states, so there is a harm onizing effect. Some models serve as guidelines 
which the states may adopt, utilize or amend to fit their individual needs.  Certain models have been identified as being of such import th at their adoption is necessary for states to be 
accredited pursuant to NAIC fina ncial regulation standards. 
 (d) The Government of the United States encour ages the NAIC to continue its effort to work 
with state governments on these programs. 
 (e) Recognizing principles of federalism, the long history of state regulation of insurance in the 
United States, and the McCarran-Ferguson Act, and noting the concerns of regulators who seek to further increase internationalization of  their insurance markets while addressing 
prudential concerns, the Government of the United States: 
 
 (i) welcomes that the NAIC in October 1993 adopted a model law on the initial entry of 
non-U.S. insurance providers without thei r prior establishment in another state, 
and the Government of the United States encourages the NAIC to continue and as 
appropriate intensify its efforts with relevant state authorities with regard to this issue; 
 
 (ii) would welcome consideration by the NAIC,  if appropriate, of the issue of the time 
period for review of licensing applicat ions of insurance providers, from the 
perspective that regulatory authorities should make administrative decisions on completed applications of insurance providers within a reasonable time; and 
 
 (iii) welcomes efforts by the NAIC to review with the states the question of citizenship 
requirements for the boards of directors of foreign insurance providers, and the 
Government of the United States enco urages the NAIC to continue and as 
appropriate intensify its efforts with relevan t state authorities within regard to this 
issue.  TN/S/O/USA 
 Page 105 
  
(f) The Government of the United States notes the concern raised by another Member that 
different state regulations for foreign insuran ce providers on lines of products permitted, 
trusteed assets requirements, deposit requi rements, remittance ceiling and reinsurance 
trust funds affect foreign insurance providers' ability to enter the insurance market of the 
United States. 
   TN/S/O/USA 
Page 106   
ADDITIONAL COMMITMENTS PAPER II
 
  (1) The Administration has expressed its suppo rt for Glass-Steagall reform on a national 
treatment basis and will work with Congress to achieve an appropriate framework to 
accomplish this objective. 
 (2) The Administration, noting that even be fore the adoption of the Riegle-Neal banking 
legislation, many states had taken action to liberalize interstate acquisitions of banks on a 
basis that provided national treatment to fo reign banks, welcomes further initiatives by 
states to provide additional access on a non-discriminatory basis. 
 (3) The Government of the United States has taken action to remove impediments to the 
offering of securities in the United States by foreign and domestic issuers.  The National 
Securities Markets Improvement Act of 1996 preempts state regulation of offerings of certain securities, including those listed on th e New York Stock Exchange, the National 
Association of Securities Dealers Automated Quotation/National Market System, and 
securities issued by registered investment comp anies.  This legislation eliminates duplicative 
state and federal securities legislation in  the area of securities registration. 
 (4) Section 7(d) of the Investment Company Act authorizes the SEC to permit a foreign 
investment company to register and publicly off er its shares in the United States if the SEC 
makes the following prudential findings: 
 
 1. that it is both legally and practica lly feasible for the SEC and U.S. investors 
effectively to enforce the provisions of the Investment Company Act against the investment company, and 
 
2. that it is consistent with the requirements set forth in the Investment Company Act. 
 (5) The Government of the United States no tes that the Federal Reserve, working in 
cooperation with other domestic supervisor y authorities, has established an enhanced 
framework for the regulation and supervision of U.S. operations of foreign banks, which 
endeavors to coordinate annual examinations  of foreign banks and provide uniform 
guidance with respect to examination policies. 
   TN/S/O/USA 
 Page 107  
 
 UNITED STATES OF AMERICA - FINAL LIST OF ARTICLE II (MFN) EXEMPTIONS  
 
Sector or subsector Description of measure 
indicating its inconsistency with 
Article II Countries to which the 
measure applies Intended duration Conditions creating the need 
for the exemption 
 
Movement of persons  
Government issuance of treaty 
trader or treaty investor 
non-immigrant visas that extend a 
special visa category to nationals of treaty partners in executive and 
other personnel categories 
engaged  
Countries with whom the 
United States has a 
Friendship, Commerce and 
Navigation Treaty (FCN), a Bilateral Investment Treaty 
(BIT), or certain countries as 
described in Section 204 of the Immigration Act of 1990  
Indefinite  
To facilitate trade under FCNs 
and BITs 
 
  
- solely to carry on substantial 
trade, including trade in 
services or trade in 
technology, principally between the US and the foreign state of which a 
natural person is a national, 
or  
  
  
 
   
- solely to develop and direct 
the operations of an enterprise in which a natural 
person has invested or is 
actively in the process of investing a substantial 
amount of capital  
  
  
 
   
Restrictions on performance of 
longshore work when making US port calls by crews of foreign 
vessels owned and flagged in 
countries that similarly restrict US crews on US-flag vessels from longshore work 
  
Countries that prohibit 
longshore work by crew members aboard US vessels  
Indefinite  
Reciprocal restrictions on 
countries that prohibit longshore work by crew 
members aboard US vessels  TN/S/O/USA 
Page 108 
Sector or subsector Description of measure 
indicating its inconsistency with 
Article II Countries to which the 
measure applies Intended duration Conditions creating the need 
for the exemption 
 
All Sectors: Taxation 
Measures  
Differential treatment under direct 
tax measures at the federal level  
All  
Indefinite  
 
   
Such measures are:  
  
  
 
   
- measures under the US 
Internal Revenue Code (IRC) permitting the 
residents of countries 
contiguous to the United States to receive more 
favorable treatment and 
permitting certain US taxpayers to receive more 
favorable treatment as to 
their contiguous country operations, and providing 
any other benefits with 
respect to contiguous countries; 
  
  
  
Volume of movements across 
US borders between Canada and the United States and 
between Mexico and the United 
States; efficient administration of tax system. 
 
 
 
  
- benefits available under the 
US IRC with respect to US possessions; 
  
  
  
Coordination of the United 
States and US possession income taxes; fiscal arrangements for US 
possessions; and facilitation of 
economic development in US possessions 
   TN/S/O/USA 
 Page 109 Sector or subsector Description of measure 
indicating its inconsistency with 
Article II Countries to which the 
measure applies Intended duration Conditions creating the need 
for the exemption 
 - benefits available under the 
US IRC with respect to 
Caribbean Basin Initiative 
(CBI) beneficiary countries;   Facilitation of economic 
development in certain 
developing countries  
 
  
- regarding activities covered 
by the scope of the General 
Agreement on Trade in 
Services, reciprocal reduction of taxation on 
income derived from the 
international operation of aircraft or of taxation of certain earnings derived 
from the use of railroad 
rolling stock;  
  
  
Prevention of double taxation 
and proper tax administration 
 
  
- tax exemption for earnings 
derived from the ownership 
or operation of a 
communications satellite system by a foreign entity 
designated by a foreign 
government to participate in such ownership if the 
United States, through its 
designated entity, participates in such system pursuant to the 
Communications Satellite 
Act of 1962;  
  
  
Facilitation of satellite 
communications and proper tax 
administration 
 
  
- denial of statutory reduction 
of double taxation or deferral of US tax on 
income earned through 
controlled foreign corporations, because the country participates in or 
cooperates with an 
international boycott, or for similar foreign policy 
reasons;  
  
  
Foreign policy considerations  TN/S/O/USA 
Page 110 
Sector or subsector Description of measure 
indicating its inconsistency with 
Article II Countries to which the 
measure applies Intended duration Conditions creating the need 
for the exemption 
 
  
- measures permitting less 
favorable taxation for 
citizens, corporations or products of a foreign 
country based on 
discriminatory or extraterritorial taxes, more burdensome taxation, or 
other discriminatory 
conduct;  
  
  
To foster efficient international 
taxation policies 
 
  
- allow the deduction for 
expenses of an 
advertisement carried by a 
foreign broadcast undertaking and directed 
primarily to a US market 
only where the broadcast undertaking is located in a 
foreign country that allows 
a similar deduction for an advertisement placed with a US broadcast undertaking;  
  
  
To encourage the allowance of 
advertising expenses 
internationally   TN/S/O/USA 
 Page 111 Sector or subsector Description of measure 
indicating its inconsistency with 
Article II Countries to which the 
measure applies Intended duration Conditions creating the need 
for the exemption 
 
  
- in connection with the 
exclusion of, or deduction 
relating to, certain foreign earned income from the 
gross income of individuals, 
the benefit of a waiver of the required period of stay in a foreign country as 
determined by the Secretary 
of the Treasury.  The Secretary is empowered to 
determine that individuals 
were required to leave a foreign country because of 
war, civil unrest or similar 
adverse conditions in such foreign country which 
precluded the normal 
conduct of business by such individuals; and  
  
  
To take into account problems 
created by adverse conditions 
within particular countries 
 
  
Sub-federal tax measures 
affording differential treatment to 
service suppliers or to services when the differential treatment is based on one of the following 
criteria:  
All  
Indefinite  
To implement fiscal policies of 
sub-central governments 
 
  
- are performed, consumed, or 
located within different 
sub-federal entities;  
  
  
 
   
- differ based on the size or 
income of the service supplier or on the scale or 
methods (including 
environmental and health and safety measures) of performance;  
  
  
  TN/S/O/USA 
Page 112 
Sector or subsector Description of measure 
indicating its inconsistency with 
Article II Countries to which the 
measure applies Intended duration Conditions creating the need 
for the exemption 
 
  
- differ in the extent of 
ownership or participation 
by minority or other disadvantaged groups;  
  
  
 
 
  
- differ as to the eligibility for 
non-profit status for 
pension, profit-sharing or other employee-benefit 
regimes;  
  
  
 
 
  
- differ based on federal 
immunity to taxation, for 
example, exemption from sub-federal tax on US 
government obligations or 
contracts:  
  
  
 
   
- are performed or located in 
countries contiguous to the 
United States; or  
  
  
 
   
- are performed or located in 
jurisdictions with which sub-federal entities have 
arrangements for tax 
cooperation and assistance  
  
  
 
 
  
Sub-federal measures 
substantively incorporating 
provisions of federal law subject to an MFN exemption under this 
agreement 
  
All   
Indefinite  
To implement fiscal policies of 
sub-central governments   TN/S/O/USA 
 Page 113 Sector or subsector Description of measure 
indicating its inconsistency with 
Article II Countries to which the 
measure applies Intended duration Conditions creating the need 
for the exemption 
 
All Sectors: 
Land Use  
Non-US citizens in Wyoming 
may not acquire or inherit land 
unless the country of which they are a citizen extends a reciprocal 
right to US citizens 
  
All  
Indefinite  
Lack of reciprocity 
 
All Sectors  
Canadian small businesses, but 
not small businesses of other 
countries, may use simplified registration and periodic reporting 
forms with respect to their 
securities  
Canada  
Indefinite  
Maintenance of established 
preference 
 
Telecommunication 
services:  One -way 
satellite transmission 
of DTH and DBS 
television services 
and of d igital audio 
services  
  
Differential treatment of countries 
due to application of reciprocity 
measures or through international 
agreements guaranteeing market 
access or national treatment  
  
All  
Indefinite   
Need to ensure substantially 
full market access a nd national 
treatment in certain markets.  
 Financial Services
 
 
 
  
 
  
Differential treatment of countries 
due to application of reciprocity 
measures or through international 
agreements guaranteeing market access or national treatment. 
 
  
All 
 
 
  
  
Indefinite 
 
 
  
 
  
Need to protect existing 
activities of US service 
suppliers abroad and to ensure 
substantially full market access and national treatment in 
international financial markets. 
  
 
Banking and Other 
Financial Services 
(excluding Insurance)  
A broker-dealer registered under 
US law that has its principal place 
of business in Canada may 
maintain its required reserves in a bank in Canada subject to the supervision of Canada.   
Canada  
Indefinite  
Maintenance of established 
preference.  TN/S/O/USA 
Page 114 
Sector or subsector Description of measure 
indicating its inconsistency with 
Article II Countries to which the 
measure applies Intended duration Conditions creating the need 
for the exemption 
 
Banking and Other 
Financial Services 
(excluding Insurance)  
Permission to establish 
state-licensed branches or 
agencies, or to own commercial bank subsidiaries, is based on a 
reciprocity test in the following 
States: California (applies also to savings and loan associations), Connecticut (applies also to credit 
unions),  Georgia, Illinois, 
Kentucky, Louisiana, Massachusetts, Michigan, North 
Carolina, Pennsylvania, Texas, 
Washington.  Among the conditions on which agency or 
agency and representative office 
licenses may be granted for the following States is that the 
foreign bank is one of the five 
largest banks in the home country: Florida, Oklahoma.  Permission for a foreign-owned 
bank or trust company to act as 
fiduciary, and to use satellite banking terminals,  
All  
Indefinite  
Need to protect existing 
activities of US service 
suppliers abroad and to ensure substantially full market access 
and national treatment in 
international financial markets. 
 is based on a reciprocity test in 
Iowa.  Iowa also subjects the 
activities of foreign-owned 
savings and loan associations to a reciprocity test. 
    
 Michigan permits corporate 
central credit unions to place 
deposits in banks chartered in 
Canada or the European Common Market but not in banks chartered 
in other foreign countries. Canada and European 
Common Market. 
 Indefinite Maintenance of established 
preference. 
   TN/S/O/USA 
 Page 115 Sector or subsector Description of measure 
indicating its inconsistency with 
Article II Countries to which the 
measure applies Intended duration Conditions creating the need 
for the exemption 
 
  
Authority to act as a sole trustee 
of an indenture for a bond 
offering in the United States is subject to a reciprocity test. 
  
All 
 
  
 
  
Indefinite 
 
  
 
  
Need to ensure US financial 
service suppliers are permitted 
to provide trustee services in foreign markets. 
 
 
 
  
Designation as a primary dealer in 
US Government debt securities is conditioned on reciprocity.  
  
All  
Indefinite  
Need to ensure US financial 
service suppliers are afforded national treatment in foreign  
government debt markets. 
 
Transport Services: 
Air Transport 
Services  
Measures which pertain to selling 
and marketing of air transport 
services (including sales, other than by airlines, of passenger 
charters and forwarding of air 
freight other than by airlines) and to operation and regulation of computer reservation system 
(CRS) services, as described in 
the Annex on Air Transport Services.  (For transparency 
purposes, these measures include, 
but are not limited to, bilateral and multilateral civil aviation 
agreements, understandings and  
All partners with which the 
United States has active 
aviation relations (approximately 
100 countries) covered by 
bilateral or other air services agreements and comity and reciprocity regimes.  Also 
concerned are the 
co-signatories of the Chicago Convention and various other 
international aviation 
agreements, undertakings, and understandings to which 
the United States is a party.  
Indefinite  
The common policy and 
practice of exchanging rights, 
settling disputes, and applying laws and other measures 
pertaining to the operation of 
civil aircraft and air transportation differentially, with respect to the activities 
referred to above, on the basis 
of mutual agreement and balanced exchanges of rights 
and responsibilities.  TN/S/O/USA 
Page 116 
Sector or subsector Description of measure 
indicating its inconsistency with 
Article II Countries to which the 
measure applies Intended duration Conditions creating the need 
for the exemption 
 
  
undertakings and informal comity 
and reciprocity aviation regimes 
to which the United States is a party; US laws and regulations, 
including the International Air 
Transportation Fair Competitive Practices Act of 1974, as amended, the Federal Aviation 
Act of 1958, as amended, the 
International Air Transportation Competition Act of 1979, the 
International Aviation Facilities 
Act, as amended, and Title 14, Parts 1 - 399, of the Code of 
Federal Regulations; and 
measures of US states and territories and the District of 
Columbia, and of their agencies 
and subdivisions).  
  
  
 
 Transport Services: 
Road Transport  
The US government has 
discretion to limit the issuance of trucking licenses to persons from 
contiguous countries on the basis 
of reciprocity.  The Bus Regulatory Reform Act of 1982 
permits the President to remove 
or modify in whole or in part the moratorium on a finding that such 
removal or modification is in the 
national interest.  Domestic and cross-border trucking operations 
are permitted within designated 
Interstate Commerce Commission commercial zones.  The moratorium was lifted for Canada 
in October 1982.   
Mexico, Canada  
Indefinite  
Need to have authority to 
impose a moratorium on the issuance of new licenses for 
domestic operations within and 
cross-border operations into the United States on the basis of 
reciprocity   TN/S/O/USA 
 Page 117 Sector or subsector Description of measure 
indicating its inconsistency with 
Article II Countries to which the 
measure applies Intended duration Conditions creating the need 
for the exemption 
 
Transport Services:  
Pipeline Transport  
Pursuant to the Mineral Lands 
Leasing Act of 1920, aliens and 
foreign corporations may not acquire rights-of-way for oil or 
gas pipelines, or pipelines 
carrying products refined from oil and gas, across on-shore federal lands or acquire leases or interests 
in certain minerals on on-shore 
federal lands, such as coal or oil.  
Non-US citizens may own a 
100 per cent interest in a domestic corporation that acquires a right-  
All  
Indefinite  
Lack of reciprocity 
 of-way for oil or gas pipelines 
across on-shore federal lands, or 
that acquires a lease to develop 
mineral resources on on-shore federal lands, unless the foreign 
investors' home country denies 
similar or like privileges for the mineral or access in question to US citizens or corporations, as 
compared with the privileges it 
accords to its own citizens or corporations or to the citizens or 
corporations of other countries.  
Nationalization is not considered to be denial of similar or like 
privileges.  Foreign citizens, or 
corporations controlled by them, are restricted from obtaining 
access to federal leases on Naval 
Petroleum Reserves if the laws, customs or regulations of their country deny the privilege of 
leasing public lands to US 
citizens or corporations.  
  
  
  TN/S/O/USA 
Page 118 
Sector or subsector Description of measure 
indicating its inconsistency with 
Article II Countries to which the 
measure applies Intended duration Conditions creating the need 
for the exemption 
 
Transport Services: 
Space Transportation  
Quantitative restrictions and price 
disciplines in certain bilateral 
agreements on the launch of satellites in the international 
commercial space launch market  
All   
Indefinite  
Need to prevent disruption of 
competition in the international 
space launch market 
 
__________