ORGANISATION MONDIALE
DU COMMERCES/DCS/W/ZAF
24 janvier 2003
(03-0498)
Commerce des services Original:  anglais
AFRIQUE DU SUD
Projet de version codifiée de la Liste d'engagements spécifiques1
On trouvera ci-joint un projet de version codi fiée de la Liste d'engagements spécifiques de
l'Afrique du Sud en format Word.  Ce document ne remplace pas les engagements juridiquement
contraignants souscrits par l'Afrique du Sud dans sa Liste d'engagements spécifiques (GATS/SC/78;
GATS/SC/78/Suppl .2; GATS/SC/78/Suppl.3).
Est joint au projet de liste codifiée la Liste d'exemptions de l'article II (NPF) de l'Afrique du
Sud (GATS/EL/78) en format Word.
Le projet de version codifiée de la Liste et la  Liste d'exemptions de l'obligation NPF ont été
établis par le Secrétariat, à la demande des Membres, pour faciliter le processus de négociation, ycompris la présentation des offres initiales.
__________
                                                     
1 Le présent document a été établi, en anglais seulement, par le Secrétariat sous sa propre responsabilité
et sans préjudice des positions des Membres ni de leurs droits et obligations dans le cadre de l'OMC.S/DCS/W/ZAF
Page 2SOUTH AFRICA – SCHEDULE OF SPECIFIC COMMITMENTS
Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitations on  National TreatmentAdditional
Commitments
I. HORIZONTAL COMMITMENTS
ALL SECTORS
INCLUDED IN THIS
SCHEDULE
3) Local borrowing by South African registered
companies with a non-resident shareholding of25 per cent or more is limited
4) Unbound, except for the temporary presence
for a period of up to three years, unless
otherwise specified, without requiringcompliance with an economic needs test, ofthe following categories of natural personsproviding services:4) Unbound, except for measures concerning the
categories of natural persons referred to in the
market access column
A. Services Salespersons  - natural persons not
based in South Africa and acquiring noremuneration from a source located withinSouth Africa, who are engaged in activitiesrelated to representing a services provider for
the purpose of negotiating for the sale of the
services of that provider, without engaging inmaking direct sales to the general public orsupplying services. Temporary presence forServices Salespersons is limited to a ninety-day period.S/DCS/W/ZAF
Page 3Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitations on  National TreatmentAdditional
Commitments
B. Intra-corporate Transferees  – natural
persons of the following categories who havebeen employed by a juridical person thatprovides services within South Africa through
a branch, subsidiary, or affiliate established in
South Africa and who have been in the prioremploy of the juridical person outside SouthAfrica for a period of not less than one yearimmediately preceding the date of application
for admission:
Executives  - natural persons within the
organization who primarily direct themanagement of the organization or establishgoals and policies for the organization or amajor component or function of the
organization, exercise wide latitude in
decision-making, and receive only generalsupervision or direction from higher-levelexecutives, the board of directors, orstockholders of the business.
Managers  - natural persons within an
organization who primarily direct theorganization, or a department or subdivisionof the organization, supervise and control thework of other supervisory, professional or
managerial employees, have the authority to
hire and fire or recommend hiring, firing, orother personnel actions and exercisediscretionary authority over day-to-dayoperations at a senior level.
Specialists  - natural persons within an
organization who possess knowledge at anadvanced level of continued expertise andwho possess proprietary knowledge of theorganization's product, service, researchequipment, techniques, or management.S/DCS/W/ZAF
Page 4Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitations on  National TreatmentAdditional
Commitments
Professionals  - natural persons who are
engaged, as part of a services contractnegotiated by a juridical person of anotherMember in the activity at a professional level
in a profession set out in Part II, provided such
persons possess the necessary academiccredentials and professional qualifications,which have been duly recognised, whereappropriate, by the professional association in
South Africa.
C. Personnel Engaged in
Establishment  - natural persons who
have been employed by a juridicalperson for a period of longer than oneyear immediately preceding the date
of application for admission and who
occupy a managerial or executiveposition and are entering South Africafor the purpose of establishing acommercial presence on behalf of the
juridical person.
II. SECTOR SPECIFIC COMMITMENTS
1. BUSINESS SERVICES
A. Professional Services
(a) Legal services (advisory
services in foreign andinternational law only)(CPC 861 +)1) Unbound
2) Unbound3) None4) Unbound except as indicated in the horizontal
section1) Unbound
2) Unbound3) None4) Unbound except as indicated in the horizontal
sectionS/DCS/W/ZAF
Page 5Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitations on  National TreatmentAdditional
Commitments
Legal services (domestic
law only) (CPC 861 +)1) Unbound
2) Unbound3) An advocate is not allowed to form a
partnership/company
4) Unbound except as indicated in the horizontal
section1) Unbound
2) Unbound3) None
4) Unbound except as indicated in the horizontal
section
(b) Auditing (CPC 862 +) 1) Unbound
2) Unbound3) None
4) Unbound except as indicated in the horizontal
section1) Unbound
2) Unbound3) Citizenship requirement for accreditation
4) Unbound except as indicated in the horizontal
section
(c) Taxation services
(excludinglegal services) (CPC 863)1) None
2) None3) None
4) Unbound except as indicated in the horizontal
section1) None
2) None3) None
4) Unbound except as indicated in the horizontal
section
(d) Architectural services
(CPC 8671)1) For building plans of 500 m2 and over the
services of a locally registered architect haveto be utilised
2) For building plans of 500 m
2 and over the
services of a locally registered architect haveto be utilised
3) None4) Unbound except as indicated in the horizontal
section1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section
(e) Engineering services
(CPC 8672)1) None
2) None3) None4) Unbound except as indicated in the horizontal
section1) None
2) None3) None4) Unbound except as indicated in the horizontal
sectionS/DCS/W/ZAF
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Sector or Sub-sector Limitations on Market Access Limitations on  National TreatmentAdditional
Commitments
(f) Integrated engineering
services(CPC 8673)1) None
2) None3) None4) Unbound except as indicated in the horizontal
section1) None
2) None3) None4) Unbound except as indicated in the horizontal
section
(g) (i) Urban planning 
services (CPC 8674)1) None
2) None3) None4) Unbound except as indicated in the horizontal
section1) None
2) None3) None4) Unbound except as indicated in the horizontal
section
(ii) Landscape 
architectural services(CPC 8674)1) None
2) None3) None4) Unbound except as indicated in the horizontal
section1) None
2) None3) None4) Unbound except as indicated in the horizontal
section
(h) Medical and dental services
(CPC 9312)1) None
2) None3) None4) Unbound except as indicated in the horizontal
section1) None
2) None3) None4) Unbound except as indicated in the horizontal
section
(i) Veterinary services
(CPC 932)1) None
2) None3) None
4) Unbound except as indicated in the horizontal
section1) None
2) None3) None
4) Unbound except as indicated in the horizontal
section
(j) Services provided by:
(i) Midwives and nurses
(CPC 93191)1) Unbound*
2) None3) None
4) Unbound except as indicated in the horizontal
section1) Unbound*
2) None3) None
4) Unbound except as indicated in the horizontal
sectionS/DCS/W/ZAF
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Sector or Sub-sector Limitations on Market Access Limitations on  National TreatmentAdditional
Commitments
(ii) Physiotherapists and
paramedical personnel1) Unbound*
2) Unbound*3) None4) Unbound except as indicated in the horizontal
section1) Unbound*
2) Unbound*3) None4) Unbound except as indicated in the horizontal
section
B. Computer and Related
Services
(a) Consultancy services
related to
he installation of computerhardware(CPC 841)1) None
2) None
3) None4) Unbound except as indicated in the horizontal
section1) None
2) None
3) None4) Unbound except as indicated in the horizontal
section
(b) Software implementation
services (CPC 842)1) None
2) None
3) None4) Unbound except as indicated in the horizontal
section1) None
2) None
3) None4) Unbound except as indicated in the horizontal
section
(c) Data processing services
(CPC 843)1) None
2) None
3) None4) Unbound except as indicated in the horizontal
section1) None
2) None
3) None4) Unbound except as indicated in the horizontal
section
(d) Data base services
(CPC 844)1) None
2) None3) None4) Unbound except as indicated in the horizontal
section1) None
2) None3) None4) Unbound except as indicated in the horizontal
section
(e) Maintenance and repair
services of officemachinery and equipmentincluding computers(CPC 8450)1) None
2) None3) None4) Unbound except as indicated in the horizontal
section1) None
2) None3) None4) Unbound except as indicated in the horizontal
sectionS/DCS/W/ZAF
Page 8Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitations on  National TreatmentAdditional
Commitments
D. Real Estate Services
(a) Involving own or leased
property (CPC 821)1) None
2) None3) None
4) Unbound except as indicated in the horizontal
section1) None
2) None3) None
4) Unbound except as indicated in the horizontal
section
(b) On a fee or contracting
basis
(CPC 822)1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section
E. Rental/Leasing Services
without Operators
(a) Relating to ships
(CPC 83103)1) None
2) None3) None4) Unbound except as indicated in the horizontal
section1) None
2) None3) None4) Unbound except as indicated in the horizontal
section
(b) Relating to aircraft
(CPC 83104)1) None
2) None3) None4) Unbound except as indicated in the horizontal
section1) None
2) None3) None4) Unbound except as indicated in the horizontal
section
(c) Relating to other transport
equipment (CPC 83101 +)(CPC 83102 +)(CPC 83105)1) None
2) None3) None4) Unbound except as indicated in the horizontal
section1) None
2) None3) None4) Unbound except as indicated in the horizontal
sectionS/DCS/W/ZAF
Page 9Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitations on  National TreatmentAdditional
Commitments
(d) Relating to other machinery
and equipment(CPC 83106) (CPC 83107)(CPC 83108) (CPC 83109)1) None
2) None3) None4) Unbound except as indicated in the horizontal
section1) None
2) None3) None4) Unbound except as indicated in the horizontal
section
F. Other Business Services
(b) Market research and public
opinion polling services
(CPC 864)1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section
(c) Management consulting
services (CPC 865)1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section
(d) Services related to
management consulting
(CPC 866)1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section1) None
2) None
3) None
4) Unbound except as indicated in the horizontal
section
(e) Technical testing and
analysis services
(CPC 8676)1) None
2) None
3) None4) Unbound except as indicated in the horizontal
section1) None
2) None
3) None4) Unbound except as indicated in the horizontal
section
(f) Services incidental to
agriculture, hunting and
forestry (CPC 881)1) Unbound
2) Unbound
3) None4) Unbound except as indicated in the horizontal
section1) Unbound
2) Unbound
3) None4) Unbound except as indicated in the horizontal
sectionS/DCS/W/ZAF
Page 10Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitations on  National TreatmentAdditional
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(g) Services incidental to
fishing(CPC 882)1) Unbound
2) Unbound3) None4) Unbound except as indicated in the horizontal
section1) Unbound
2) Unbound3) None4) Unbound except as indicated in the horizontal
section
(h) Services incidental to
mining(CPC 883)(CPC 5115)1) Unbound
2) Unbound3) None4) Unbound except as indicated in the horizontal
section1) Unbound
2) Unbound3) None4) Unbound except as indicated in the horizontal
section
(i) Services incidental to
manufacturing(CPC 884)(CPC 885)1) Unbound
2) Unbound3) None4) Unbound except as indicated in the horizontal
section1) Unbound
2) Unbound3) None4) Unbound except as indicated in the horizontal
section
(k) Placement and supply
services of personnel(CPC 872)1) None
2) None3) None4) Unbound except as indicated in the horizontal
section1) None
2) None3) None4) Unbound except as indicated in the horizontal
section
(l) Investigation and security
(CPC 873)1) None
2) None3) None
4) Unbound except as indicated in the horizontal
section1) None
2) None3) None
4) Unbound except as indicated in the horizontal
section
(m) Engineering related
scientificand technical consulting
services
(CPC 8675)1) None
2) None3) None
4) Unbound except as indicated in the horizontal
section1) None
2) None3) None
4) Unbound except as indicated in the horizontal
sectionS/DCS/W/ZAF
Page 11Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitations on  National TreatmentAdditional
Commitments
(n) Maintenance and repair of
equipment (CPC 633)1) None
2) None3) None4) Unbound except as indicated in the horizontal
section1) None
2) None3) None4) Unbound except as indicated in the horizontal
section
(o) Building-cleaning services
(CPC 874)1) Unbound*
2) None3) None4) Unbound except as indicated in the horizontal
section1) Unbound*
2) None3) None4) Unbound except as indicated in the horizontal
section
(p) Photographic services
(CPC 875)1) None
2) None3) None4) Unbound except as indicated in the horizontal
section1) None
2) None3) None4) Unbound except as indicated in the horizontal
section
(s) Convention services
(CPC 87909)1) None
2) None3) None4) Unbound except as indicated in the horizontal
section1) None
2) None3) None4) Unbound except as indicated in the horizontal
section.
2. COMMUNICATION
SERVICES
B. Courier Services
(CPC 7512)1) None
2) None3) None4) Unbound except as indicated in the
horizontal section1) None
2) None3) None4) Unbound except as indicated in the
horizontal sectionS/DCS/W/ZAF
Page 12Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitations on  National TreatmentAdditional
Commitments
Telecommunications
Facilities based and public-switchedtelecommunications
services:1) Only through the network of Telkom
monopoly or subsequent duopoly oninternational traffic. Telkom monopoly toterminate not later than 31.12.2003, thereafter
duopoly.
2) None1) None
2) NoneSouth Africa undertakes
the attached additionalcommitments onregulatory principles.
(a) Voice services, except over
value-added network
(b) Packet-switched data
transmission services
(c) Circuit-switched data
transmission services3) Telkom monopoly to terminate not later than
31.12.2003; thereafter duopoly.Foreign investment in suppliers permitted upto a cumulative maximum of 30 per cent3) None Authorities to consider by
31/12/2003 the feasibilityof suppliers additional tothe duopoly.
(d) Telex services(f) Facsimile services
(g) Private leased circuit
services4) Unbound, except as indicated in the
horizontal section.4) Unbound, except as indicated in the
horizontal section.Liberalization of resale
services to take placebetween 2000 and 2003with authorities to define
terms and conditions as
well as the maximum limitfor foreign investment
(h) Electronic mail
(CPC 7523)
(i) Voice mail (CPC 7523)
(j) On-line information and
database retrieval(CPC 7523)
(k) Electronic data interchange
(EDI)
(CPC 7523)1),2),
3) General limitations:
There are limitations on the bypass of South
African facilities for routing of domestic and
international traffic.  Telkom is currentlyacting as a de facto regulator by means ofagreements entered into with VANS providersin South Africa.1) None
2) None3) NoneS/DCS/W/ZAF
Page 13Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitations on  National TreatmentAdditional
Commitments
(l) Enhanced/value-added
facsimile services,includingstore and forward, store and
retrieve
(CPC 7523)
(m) Code and protocol
conversion
(n) On-line information and/or
data processing (including
transaction processing)(CPC 843)VANS providers can only provide
international services with the consent ofTelkom SA Ltd.  Legislation is currentlybeing proposed to introduce a Regulator who
might take over the licensing function.  No
formal policy exists and applications frominternational VANS are dealt with on aninformal ad hoc basis.  This situation may beaddressed with the anticipated introduction of
a new regulatory regime.
4) Unbound except as indicated in the horizontal
section4) Unbound except as indicated in the horizontal
section
(o) Other- Paging services-P e r s o n a l  r a d i o
communication
services
- Trunked radio system
services1) Only through the network of Telkom
monopoly or subsequent duopoly oninternational traffic. Telkom monopoly to
terminate not later than 31.12.2003; thereafter
duopoly.
2) None3) None except that foreign investment in
suppliers permitted up to a cumulativemaximum of 30 per cent.
4) Unbound, except as indicated in the horizontal
section.1) None
2) None
3) None
4) Unbound, except as indicated in the horizontal
section.
- Mobile Cellular, including
mobile data1) Only through the network of Telkom
monopoly or subsequent duopoly on
international traffic. Telkom monopoly to
terminate not later than 31.12.2003; thereafterduopoly.
2) None1) None
2) NoneAuthorities to examine
feasibility of additional
suppliers by 31/12/1998.
3) Services supplied on a duopoly basis.  One
additional mobile cellular licence will be
granted within two years.
Foreign investment in suppliers permitted upto a cumulative maximum of 30 per cent.3) None
4) Unbound, except as indicated in the horizontal
section.4) Unbound, except as indicated in the horizontal
section.S/DCS/W/ZAF
Page 14Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitations on  National TreatmentAdditional
Commitments
- Satellite-based services 1) Only through the network of Telkom
monopoly or subsequent duopoly oninternational traffic. Telkom monopoly toterminate not later than 31.12.2003; thereafter
duopoly.
2) None1) None
2) NoneAuthorities to examine
feasibility of additionalsuppliers by 31/12/1998
3) Supplied only by Telkom monopoly until
31.12.2003; thereafter duopoly.Foreign investment in suppliers permitted upto a cumulative maximum of 30 per cent.
4) Unbound, except as indicated in the horizontal
section.3) None
4) Unbound, except as indicated in the horizontal
section
3. CONSTRUCTION AND
RELATEDENGINEERING
SERVICES
A. General Construction Work
for Buildings
(CPC 512)1) Unbound*
2) None3) None4) Unbound except as indicated in the horizontal
section1) Unbound*
2) None3) None4) Unbound except as indicated in the horizontal
section
B. General Construction Work
for Civil Engineering
(CPC 513)1) Unbound*
2) None3) None
4) Unbound except as indicated in the horizontal
section1) Unbound*
2) None3) None
4) Unbound except as indicated in the horizontal
section
C. Installation and Assembly
Work (CPC 514 +)
(CPC 516)1) Unbound*
2) None3) None
4) Unbound except as indicated in the horizontal
section1) Unbound*
2) None3) None
4) Unbound except as indicated in the horizontal
sectionS/DCS/W/ZAF
Page 15Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
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Commitments
D. Building Completion and
Finishing Work
(CPC 517)1) Unbound*
2) None3) None4) Unbound except as indicated in the horizontal
section1) Unbound*
2) None3) None4) Unbound except as indicated in the horizontal
section
4. DISTRIBUTION
SERVICES
B. Wholesale Trade Services
(CPC 622)1) None
2) None
3) None4) Unbound except as indicated in the horizontal
section1) None
2) None
3) None4) Unbound except as indicated in the horizontal
section
C. Retailing Services
(CPC 631) (CPC 632)(CPC 6111) (CPC 6113)(CPC 6121)1) None
2) None
3) None4) Unbound except as indicated in the horizontal
section1) None
2) None
3) None4) Unbound except as indicated in the horizontal
section
D. Franchising (CPC 8929) 1) None2) None3) None4) Unbound except as indicated in the horizontal
section1) None
2) None3) None4) Unbound except as indicated in the horizontal
section
6. ENVIRONMENTAL
SERVICES(All entries in this sectorare restricted to consultancyservices only)
A. Sewage Services
(CPC 9401)1) None
2) None3) None4) Unbound except as indicated in the horizontal
section1) None
2) None3) None4) Unbound except as indicated in the horizontal
sectionS/DCS/W/ZAF
Page 16Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitations on  National TreatmentAdditional
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B. Refuse Disposal Services
(CPC 9402)1) None
2) None3) None4) Unbound except as indicated in the horizontal
section1) None
2) None3) None4) Unbound except as indicated in the horizontal
section
C. Sanitation and Similar
Services
(CPC 9403)1) None
2) None3) None4) Unbound except as indicated in the horizontal
section1) None
2) None3) None4) Unbound except as indicated in the horizontal
section
D. Other
(Cleaning services of
exhaust gases, noiseabatement services and
landscape protection
services)1) None
2) None3) None4) Unbound except as indicated in the horizontal
section1) None
2) None3) None4) Unbound except as indicated in the horizontal
section
7. FINANCIAL SERVICES
A. All Insurance and Insurance
Related Services
(a) Direct life insurance
(CPC 8121 +)
(b) Direct non-life insurance
(CPC 8129 +)
(c) Reinsurance
(CPC 81299 +)
(d) Insurance intermediation
and auxiliary services(CPC 8140)1) Unbound
2) None3) All insurers/reinsurers (and insurers on whose
behalf policies are sold) need to be
incorporated as a pub lic company in South
Africa and registered with the supervisoryauthority to carry on insurance business inSouth Africa.1) Unbound
2) None3) NoneS/DCS/W/ZAF
Page 17Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitations on  National TreatmentAdditional
Commitments
The acquisition of shares or any other interest
(by a resident or non-resident) in a registeredinsurer resulting in the holding of 25 per centor more of the value of all the shares or other
interest in that business, requires the written
approval of the Registrar of Insurance.
The executive chairman, public officer and themajority of directors must be resident in SouthAfrica.
Life insurance actuaries must also be resident
in South Africa.
4) Unbound, except as indicated in the horizontal
section.4) Unbound, except as indicated in the horizontal
section.
B. Banking and Other
Financial Services
(a) Accepting of deposits and
other repayable funds from
the public
(CPC 81115 to 81119)1) Unbound
2) Unbound, except for provision and transfer of
financial information and financial data
processing.1) Unbound
2) Unbound
(b) Lending of all types,
including, inter alia ,
consumer credit, mortgage
credit, factoring and
financing of commercialtransactions(CPC 8113)
(c) Financial Leasing
(CPC 8112)3) Dealings in foreign exchange in South Africa
must be carried out through a dealerauthorised by the SA Reserve Bank.  Only
banks registered to operate in South Africa
with the required minimum capital base areeligible to seek authorization as a foreignexchange dealer.3) Branches of banks not incorporated in South
Africa must maintain a minimum balance of R1 million on the deposit accounts of natural
persons.S/DCS/W/ZAF
Page 18Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitations on  National TreatmentAdditional
Commitments
(d) All payments and money
transmission services,including credit, charge anddedit cards, travellers
cheques and bank drafts
(CPC 81339 +)
(e) Guarantees and
commitments(CPC 81199 +)Companies involved in asset management,
collective investment schemes and custodialservices for securities and financialinstruments (including equities and bonds)
need to be incorporated  as public companies
in South Africa and registered with thesupervisory authority to carry on business inSouth Africa.
(f) Trading for own account or
for account of customers
the following:(i) Money markets 
instruments(CPC 81339+)Trading for the account of customers on a
licensed exchange requires separately
capitalised incorporation in South Africa as apublic or private company and registrationwith the relevant supervising authority.
(ii) Foreign exchange
(CPC 81333)
(iii) Derivative products
(CPC 81339 +)4) Unbound, except as indicated in the horizontal
section.4) Unbound, except as indicated in the horizontal
section.
(iv) Exchange rate and 
interest rate instruments
(CPC 81339 +)
(v) Transferable securities
(CPC 81321 +)
(vi) Other negotiable 
instruments
(CPC 81339 +)
(g) Participation in issues of all
kinds of securities,including underwriting andplacement as an agent(CPC 8132 +)
(h) Money broking
(CPC 81339 +)S/DCS/W/ZAF
Page 19Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitations on  National TreatmentAdditional
Commitments
(i) Asset management, such as
cash or portfoliomanagement, all forms ofcollective investment
management, custodial
depository and trustservices(CPC 8119 + and 81323 +)
(j) Settlement and clearing
services for financial assets,
including securities,
derivative products andother negotiableinstruments
(k) Provision and transfer of
financial information, and
financial data processing
and related software byproviders of other financialservices(CPC 8131+)
(l) Advisory and other
auxiliary financial services
on all the activities listed insubparagraphs (v) through(xv) of paragraph 5.(a) ofthe Annex on Financial
Services.
(CPC 8131+ and 8133+)
9. TOURISM AND TRAVEL
RELATED SERVICES
A. Hotels and Restaurants
(including catering)(CPC 641)1) Unbound except for catering:  None
2) None3) None4) Unbound except as indicated in the horizontal
section1) None
2) None3) None4) Unbound except as indicated in the horizontal
sectionS/DCS/W/ZAF
Page 20Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitations on  National TreatmentAdditional
Commitments
B. Travel Agencies and Tour
Operators Services
(CPC 7471)1) None
2) None3) None4) Unbound except as indicated in the horizontal
section1) None
2) None3) None4) Unbound except as indicated in the horizontal
section
C. Tourist Guide Services
(CPC 7472)1) Unbound*
2) None3) None4) Unbound except as indicated in the horizontal
section1) Unbound*
2) None3) None4) Unbound except as indicated in the horizontal
section
11. TRANSPORT SERVICES
F. Road Transport Services
(a) Passenger transportation
(CPC 7121) (CPC 7122)1) Unbound
2) Unbound3) None4) Unbound except as indicated in the horizontal
section1) Unbound
2) Unbound3) None4) Unbound except as indicated in the horizontal
section
(b) Freight transportation
(CPC 7123)1) Unbound
2) Unbound3) None4) Unbound except as indicated in the horizontal
section1) Unbound
2) Unbound3) None4) Unbound except as indicated in the horizontal
section
(d) Maintenance and repair of
road transport equipment(CPC 6112)1) Unbound*
2) None3) None4) Unbound except as indicated in the  horizontal
section1) Unbound*
2) None3) None4) Unbound except as indicated in the  horizontal
sectionS/DCS/W/ZAF
Page 21Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitations on  National TreatmentAdditional
Commitments
12. OTHER SERVICES NOT
INCLUDEDELSEWHERE
Washing, cleaning and
dyeing services
(CPC 9701)1) Unbound*
2) None
3) None4) Unbound except as indicated in the horizontal
section1) Unbound*
2) None
3) None4) Unbound except as indicated in the horizontal
section
Hairdressing and otherservices(CPC 9702)1) Unbound*
2) None3) None4) Unbound except as indicated in the horizontal
section1) Unbound*
2) None3) None4) Unbound except as indicated in the horizontal
section
Coding: Numbers indicated in each sectoral commitment are referenc es to the Services Sectoral Classification List (MTN.GNS/W/120 ) – W 120 and the UN 
Provisional Central Product Classification of 1991 (CPC).
+ Part of item
* Unbound due to lack of technical feasibilityS/DCS/W/ZAF
Page 22
ADDITIONAL COMMITMENTS BY SOUTH AFRICA
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 technically substituted in order to provide a 
service.
A major supplier is a supplier which has the ability to materially affect the terms of participation
(having regard to price and supply) in the relevant market for basic telecommunications services as a
result of:
(a) control over essential facilities;  or
(b) use of its position in the market.
1. Competitive safeguards
1.1 Prevention of anti-competitive practices in telecommunications
Appropriate measures shall be maintained for the purpose of preventing suppliers who, alone
or together, are a major supplier from engaging in or continuing anti-competitive practices.
1.2 Safeguards
The anti-competitive practices referred to above shall include in particular:(a) engaging in anti-competitive cross-subsidization;(b) using information obtained from competitors with anti-competitive results;  and
(c) not making available to other services suppliers on a timely basis technical 
information about essential facilities and commercially relevant information which 
are necessary for them to provide services.S/DCS/W/ZAF
Page 23
2. Interconnection
2.1 This section applies to linking with suppliers providing public telecommunications transport
networks or services in order to allow the users of one supplier to communicate with users of another
supplier and to access services provided by another supplier, where specific commitments areundertaken.
2.2 Interconnection to be ensured
Interconnection with a major supplier will be ensured at any technically feasible point in the
network.  Such interconnection is provided.
(a) under non-discriminatory terms, conditions (including technical standards and 
specifications) and rates1 and of a quality no less favourable than that provided for its 
own like services or for like services of non-affiliated service suppliers or for its 
subsidiaries or other affiliates;
(b) in a timely fashion, on terms, conditions (including technical standards and 
specifications) and cost-oriented rates that are transparent, reasonable, having regard 
to economic feasibility, and sufficiently unbundled so that the supplier need not pay 
for network components or facilities that it does not require for the service to be 
provided;
(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;  and
2.3 Public availability of the procedures for interconnection negotiations
The procedures applicable for interconnection to a major supplier will be made publicly 
available.
2.4 Transparency of interconnection arrangements
It is ensured that a major supplier will make publicly available either its interconnection 
agreements or a reference interconnection offer.
2.5 Interconnection:  dispute settlement
A service supplier requesting interconnection with a major supplier will have recourse, either:(a) at any time or(b) after a reasonable period of time which has been made publicly known
to an independent domestic body, which may be a regulatory body as referred to in paragraph 5
below, to resolve disputes regarding appropriate terms, conditions and rates for interconnection within
a reasonable period of time, to the extent that these have not been established previously.
                                                     
1 The authorities may determine different rates in respect of different services rendered in different
areas under different circumstances or may determine rates which may be higher or lower than the normal rates
providing that the determination of such rates is done on a non-discriminatory basis.S/DCS/W/ZAF
Page 24
3. Universal service
Any Member has the right to define the kind 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 moreburdensome than necessary for the kind of universal service defined by the Member.
4. Public availability of licensing criteria
Where a licence is required, all the licensing criteria and the terms and conditions of
individual licences will be made publicly available.
The reasons for the denial of a licence will be made known to the applicant upon request.
5. Independent regulators
The regulatory body is separate from, and not accountable to, any supplier of basic
telecommunications services. The decisions of and the procedures used by regulators shall be
impartial with respect to all market participants.
6. Allocation and use of scarce resources
Any procedures for the allocation and use of scarce resources, including frequencies, numbers
and rights of way, will be carried out in an objective, timely, transparent and non-discriminatory
manner.  The current state of allocated frequency bands will be made publicly available, but detailed
identification of frequencies allocated for specific government uses is not required.
_______________S/DCS/W/ZAF
Page 25SOUTH AFRICA- LIST OF ARTICLE II (MFN) EXEMPTIONS
Sector or SubsectorDescription of measure
indicating its inconsistency
with Article IICountries to which the
measure appliesIntended durationConditions creating  the need for
the exemption
Financial Services Members of the Common
Monetary Area enjoy preferential
access to the South African
capital and money markets andthe transfer of funds, to or fromthe area of any other member ofthe Common Monetary Area, is
exempt from exchange controlsLesotho
Namibia
SwazilandIndefinite The Common Monetary Area
Agreement is aimed at the sustained
economic development of the area
as a whole.  In particular, itencourages the advancement of theless developed members of the areathrough preferential access to South
Africa's capital and money markets.
Road Transportation Regional bilateral and plurilateral
road transport agreementsproviding for the transport rightsto carry goods and passengers toor from South Africa and between
third countries concerned, to be
reserved for the road transportoperators of the contractingparties to existing and futureagreements.  Cabotage restrictedto South African  registered
vehicles and operators.Botswana
LesothoSwaziland
Malawi
Zimbabwe
Other Sub-Saharan African
countriesIndefinite To enhance the development of an
integrated road transport system tounderpin the economicdevelopment of the region and toensure the availability of an
efficient distribution network for
relief supplies in case of naturaldisasters such as frequentlyoccurring droughts in the region
__________