WORLD TRADE
ORGANIZATIONS/DCS/W/KWT
24 January 2003
(03-0476)
Trade in Services Original:  English
KUWAIT
Draft consolidated Schedule of Specific Commitments1
Attached is a draft consolidated version of the Schedule of Specific Commitments of Kuwait
in word format.  This document  does not substitute for the legally binding commitments undertaken
by Kuwait in its Schedule of Specific Commitments (GATS/SC/49; GATS/SC/48/Suppl.2).
Attached to the draft consolidated schedule is Kuwait's Article II (MFN) Exemption List
(GATS/EL/49) in word format.
The draft consolidated version of the schedule was prepared by the Secretariat, at the request
of Members, to facilitate the process of negotiations, including the presentation of initial offers.
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1 This document has been prepared, in English only, under the Secretariat's own responsibility and without
prejudice to the positions of Members and to their rights and obligations under the WTO.S/DCS/W/KWT
Page 2KUWAIT – 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 Limitat ions on  National Treatment Additional Commitments
I. HORIZONTAL COMMITMENTS
ALL SECTORS
INCLUDED IN THIS
SCHEDULE
3) As pertaining to market access through
Tendering to Supply Goods and/or Services,companies which are successfully tenderedand approved by the Kuwait Central TenderCommittee, should comply with the
COUNTER-TRADE OFF-SET
PROGRAMME requirements under the rulesand regulations of the said Programme, theprovisions and articles of which are clearlystipulated in the "Supply Contracts" anddetailed in the3) Possessing, buying, selling or dealing in
Kuwaiti share holding companies shares are,presently, confined to Kuwaiti natural orjuridical persons.  Foreigners are allowed toinvest indirectly in Kuwaiti shares by means of
mutual funds, expected to be listed shortly.
Acquisition of land or real estate by foreign
natural persons or foreign juridical persons arenot allowed
Memorandum of Agreement, which must besigned between the Government of Kuwait,Counter-Trade Off-Set Programme, executiveoffice, on the one hand, and the concernedsupplying company on the other. ThisProgramme is a pre-requisite condition for all
tenders.
As stipulated in Kuwaiti laws, decisions and
regulations, National services or services ofnational origin should have priority inpurchases of Governmental, Semi-Governmental and Public Sector Departments,
as well as in purchases of national and foreign
contractors, awarded contracts by theGovernment of Kuwait or its affiliate bodiesto fulfil in or outside the country.S/DCS/W/KWT
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 Limitat ions on  National Treatment Additional Commitments
With the exemption of banks, financial and
insurance institutions and other sectors andsub sectors which are not stipulated as areas ofcommitments in the attached schedules,
foreign commercial presence should be either
through a Kuwaiti Agent working in the samefield of services or related to it (officialagency contract must be registered with theMinistry of Commerce and Industry).
Or:  through a partnership with the capital of
Kuwaiti Company, in which Kuwaiti portion
should be 51% at least, and the aggregateportion of foreign capital should not exceed49%.
Foreign commercial presence, must add someeconomic interests to the country, like high
technology transfer, research and development
programs, technical or marketing assistanceand educational or training of local manpower,including a condition to employ 30% of hisworkforce with Nationals.
Commercial presence in all sectors and sub
sectors of Services, shall need prior written
permission from competent authorities, andshall be subject to economic needs test andsome other considerations.S/DCS/W/KWT
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 Limitat ions on  National Treatment Additional Commitments
3),4)  National services industries and services 
may have some kind of incentives and assistance, like industrial land blocks, easy financial loans, market research and 
marketing programmes including the 
organization of exhibitions or facilitating its taking part in Kuwaiti pavilion in international fairs and exhibitions, with freeor lowered costs, establishing of marketing 
centres (inside or outside the country), 
and/or granting discount on the prices of itsadvertising programmes in national TV andnational advertising agencies and some other incentives alike
4) Unbound except for measures concerning the
entry and temporary stay of natural persons
falling within the following categories:
- Managers- Specialists and- Skilled techniciansPresence of foreign natural persons as selfemployers is not allowed4)  Unbound except for measures concerning the
categories of natural persons referred to in the
market access column
Housing and social programmes and some
aspects of free health care, are limited toKuwaiti citizensS/DCS/W/KWT
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 Limitat ions on  National Treatment Additional Commitments
II. SECTOR SPECIFIC COMMITMENTS
1. BUSINESS SERVICES
A. Professional Services
(d) Architectural Services
(e) Engineering Services(f) Integrated engineering
services
(g) Urban planning and land-
scape architectural services1) Unbound
2) Unbound3) None
4) Unbound except as indicated under horizontal
commitments1) Unbound
2) Unbound3) None
4) Unbound except as indicated under horizontal
commitments
B. Computer and Related
Services
(a) Consultancy services
related to the installation ofcomputer hardware
(b) Software implementation
services
(c) Data processing services(d) Data base services1) Unbound
2) Unbound3) None4) Unbound except as indicated under horizontal
commitments1) Unbound
2) Unbound3) None4) Unbound except as indicated under horizontal
commitments
C. Research and Development
Services
(a) R&D Services on natural
sciences
(b)  R&D Services on social
sciences and humanities
(c) Interdisciplinary R&D
Services1) Unbound
2) Unbound3) None4) Unbound except as indicated under horizontal
commitments1) Unbound
2) Unbound3) None4) Unbound except as indicated under horizontal
commitmentsS/DCS/W/KWT
Page 6Modes 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 Limitat ions on  National Treatment Additional Commitments
F. Other Business Services
(a) Advertising Services
(b) Market research and public
opinion polling services
(c) Management consulting
service
(d) Services related to
management consulting
(e) Technical testing and
analysis service
(f) Services incidental to
agriculture, hunting andforestry1) Unbound
2) Unbound3) None
4) Unbound except as indicated under horizontal
commitments1) Unbound
2) Unbound3) None
4) Unbound except as indicated under horizontal
commitments
(g) Services incidental to
fishing
(i) Services incidental to
manufacturing
(m) Related scientific and
technical consultingservices
(n) Maintenance and repair of
equipment (not including
maritime vessels, aircraft ofother transport equipment)
(o) Building-cleaning services(p) Photographic services(q) Packaging services
(r) Printing, Publishing
(s) Convention servicesS/DCS/W/KWT
Page 7Modes 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 Limitat ions on  National Treatment Additional Commitments
3. CONSTRUCTION AND
RELATEDENGINEERINGSERVICES
A. General Construction Work
for Buildings
B. General Construction Work
for Civil Engineering
C. Installation and Assembly
Work
D. Building Completion and 
Finishing Work1) Unbound2) Unbound3) None4) Unbound except as indicated under horizontal
commitments1) Unbound
2) Unbound3) None4) Unbound except as indicated under horizontal
commitments
4. DISTRIBUTION
SERVICES
A. Commission (Commercial)
Agents' Services
B. Wholesale Trade Services
C. Retailing Services1) Unbound2) Unbound
3) None
4) Unbound except as indicated under horizontal
commitments1) Unbound
2) Unbound
3) None
4) Unbound except as indicated under horizontal
commitments
6. ENVIRONMENTAL
SERVICES
A. Sewage Services
B. Refuse Disposal Services
C. Sanitation and Similar
Services1) Unbound
2) Unbound3) None
4) Unbound except as indicated under horizontal
commitments1) Unbound
2) Unbound3) None
4) Unbound except as indicated under horizontal
commitmentsS/DCS/W/KWT
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 Limitat ions on  National Treatment Additional Commitments
7. FINANCIAL SERVICES
B. Banking and Other
Financial Services
(a) Acceptance of deposits and
other repayable funds fromthe public1) Unbound
2) None3) Unbound except for:
- Foreign banks in which the Government 
of Kuwait, or other Kuwaiti financial or 
banking institutions are shareholders.  A 
prior decision of the Council of Ministers shall be needed for each case.
- Foreign participation in Kuwaiti banks 
should not exceed 40% of their capital.
4) Unbound except for the cases indicated in
item 3) above.1) Unbound
2) None3) Unbound except as indicated in item 3) in the
market access column of this sub-sector.
4) Unbound except as indicated in the two cases in
item 3) in the market access column of this sub-
sector.
(b) Lending of all types
including, inter alia ,
consumer credit, mortgage
credit, factoring and
financing of commercialtransactions1) Unbound except for the case of participation
in syndicated loans through Kuwaiti banks orKuwaiti investment companies.
2) None
3) Unbound except for the two cases in item 3) in
the market access column of sub-sector (a).
4) Unbound except for the two cases in item 3) in
the market access column of sub-sector (a).1) Unbound
2) None
3) Unbound except for the two cases in item 3) in
the market access column of sub-sector (a).
4) Unbound except for the two cases in item 3) in
the market access column of sub-sector (a).S/DCS/W/KWT
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 Limitat ions on  National Treatment Additional Commitments
(c) Financial leasing 1) Unbound
2) None3) Unbound except for the following:
- The two cases referred to in item 3) in the 
market access column of sub-sector (a);
- the participation in a Kuwaiti investment 
company, provided that the foreign 
participation (other than GCC citizens) 
should not exceed 49% of the company's capital.
4) Unbound except for the cases referred to in
item 3) in the market access column above.1) Unbound
2) None3) Unbound except for the cases referred to in item
3) in the market access column of this sub-
sector.
4) Unbound except for the cases referred to in item
3) in the market access column of this sub-sector.
(d) All services relevant to
payments and transfers1) Unbound
2) None3) Unbound except for the following:
- The two cases referred to in item 3) in the 
market access column of sub-sector (a);
- the participation in a Kuwaiti exchange 
company, provided that the foreign participation (other than GCC citizens) should not exceed 49% of the company's capital.
4) Unbound except for the cases referred to in
item 3) above.1) Unbound
2) None3) Unbound except for the cases referred to in item
3) in the market access column of this sub-sector.
4) Unbound except for the cases referred to in item
3) in the market access column of this sub-sector.S/DCS/W/KWT
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 Limitat ions on  National Treatment Additional Commitments
(e) Guarantees and
commitments1),2),
3),4) are identical to the sub-sector (c).1),2),
3),4) are identical to the sub-sector (c).
(f) Trading for own account or
for the account of
customers, either in thefinancial market, over-the-counter or otherwise asfollows:1),2),
3),4) are identical to the sub-sector (c).1),2),
3),4) are identical to the sub-sector (c).
- Money market instruments
(cheques, bills, certificatesof deposits, etc.)
- Foreign exchange- Derivative products,
including - but not limited
to - futures and options
- Exchange rate and interest
rate instruments, includingproducts such as swaps,forward rate agreements,
etc.
- Transferable securities- Other negotiable
instruments and financialassets, including dealing ingold bullionS/DCS/W/KWT
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 Limitat ions on  National Treatment Additional Commitments
(g) Participation in issues of all
kinds of securities,including underwriting andplacement as agent
(whether publicly or
privately) and the provisionof financial services relatedto such issues1) Unbound
2) None3) Unbound except for the following:
- The two cases referred to in item 3) in the 
market access column of sub-sector (a);
- the participation in a Kuwaiti investment 
company, provided that the foreign participation (other than GCC citizens) should not exceed 49% of the company's 
capital;
- the underwriting and the exchange of 
foreign securities (shares, bonds, mutual funds units, etc.) are allowed in Kuwait through a Kuwaiti agent, only after the necessary licence is issued by the 
Ministry of Commerce and Industry, and 
after approval of the Central Bank of Kuwait if that agent is under the supervision of the CBK.1) Unbound
2) None3) Unbound except for the cases referred to in item
3) in the market access column of this sub-
sector.
4) Unbound except for the cases referred to in
item 3) above.4) Unbound except for the cases  referred to in
item 3) in the market access column of this sub-sector.
(h) Speculations in money
markets1),2),
3),4) are identical to the sub-sector (c).1),2),
3),4) are identical to the sub-sector (c).
(i) Management of assets, such
as management of portfolio
investments, liquid assets,all forms of collectiveinvestments, pension fundsand investment trustee
services1),2),
3),4) are identical to the sub-sector (c).1),2),
3),4) are identical to the sub-sector (c).S/DCS/W/KWT
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 Limitat ions on  National Treatment Additional Commitments
(j) Settlement and clearing
services for financial assets,including securities,derivative products, and
other negotiable
instruments1) Unbound
2) None3) Unbound except for the participation in a
Kuwaiti company licensed to exercise the
same activity, provided that the foreign
participation (other than GCC citizens) shouldnot exceed 49% of the company's capital.
4) Unbound except for the case referred to in
item 3) above.1) Unbound
2) None3) Unbound except for the case referred to in item
3) in the market access column of this sub-
sector.
4) Unbound except for the case referred to in item
3) in the market access column of this sub-
sector.
(k) Advisory and other
auxiliary financial serviceson all the activities listed insubparagraphs 5.(v)through (xv) of the Annex
on Financial Services,
including credit analysis,researches, investment andportfolio research andconsultations onacquisitions and on
corporate restructuring and
strategy1),2),
3),4) are identical to the sub-sector (j).1),2),
3),4) are identical to the sub-sector (j).
(l) Provision and transfer of
financial information, andfinancial data processing
and the related software by
suppliers of other financialservices1) Unbound except for the provision and transfer
of financial information supplied directly fromabroad to the subs cribers in Kuwait.
2) None
3) Unbound except for the participation in a
Kuwaiti company licensed to exercise thesame activity, provided that the foreignparticipation (other than GCC citizens) should
not exceed 49% of the company's capital.
4) Unbound except for the cases referred to in
items 1) and 3) above.1) Unbound except for the case referred to in item
1) in the market access column of this sub-sector.
2) None
3) Unbound except for the cases referred to in item
3) in the market access column of this sub-sector.
4) Unbound except for the cases  referred to in
items 1) and 3) in the market access column ofthis sub-sector.S/DCS/W/KWT
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 Limitat ions on  National Treatment Additional Commitments
8. HEALTH RELATED AND
SOCIAL SERVICES
A. Hospital Services
B. Other Human Health
Services
C. Social Services1) Unbound2) Unbound
3) None
4) Unbound except as indicated under horizontal
commitments1) None
2) None
3) None
4) Unbound except as indicated under horizontal
commitments
9. TOURISM AND
TRAVEL-RELATEDSERVICES
A. Restaurants
(incl. Catering, after
economic test)
B. Travel Agencies and Tour
Operators Services
C. Tourist Guides Services1) Unbound
2) Unbound
3) None
4) Unbound except as indicated under horizontal
commitments1) Unbound
2) Unbound
3) None
4) Unbound except as indicated under horizontal
commitments
10. RECREATIONAL,
CULTURAL ANDSPORTING SERVICES
A. Entertainment Services
(incl. theatre, live bandsand circus services)
D. Sporting and Other
Recreational Services1) Unbound
2) Unbound
3) None4) Unbound except as indicated under horizontal
commitments1) Unbound
2) Unbound
3) None4) Unbound except as indicated under horizontal
commitments
_______________S/DCS/W/KWT
Page 14KUWAIT – FINAL 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
Air Transport Services Measures which pertain to
aircraft repair and maintenance,selling and marketing of airtransport services and computer
reservation services, applied in
conformity with bilateral,multilateral civil aviationagreements, understandings andundertakings, informalreciprocity and comity aviation
régimes, to which Kuwait is a
partyAll countries Indefinite Need to implement measures referred
to in second column
Promotion and Protectionof InvestmentsMeasures taken to promote and
protect investments, applied inconformity with bilateral,
multilateral agreements and
undertakings, to which Kuwaitis a partyAll countries Indefinite Need to implement measures referred
to in second column
__________