WORLD TRADE
ORGANIZATIONS/DCS/W/ANT
24 January 2003
(03-0493)
Trade in Services Original:  English
THE KINGDOM OF THE NETHERLANDS WITH
RESPECT TO THE NETHERLANDS ANTILLES
Draft converted Schedule of Specific Commitments1
Attached is a draft converted version of the Schedule of Specific Commitments of the
Kingdom of the Netherlands with respect to the Neth erlands Antilles in word format.  This document
does not substitute for the legally binding commitments undertaken by of the Kingdom of the
Netherlands with respect to the Netherlands Antilles in its Schedule of Specific Commitments(GATS/SC/3).
The draft converted 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.
_______________
                                                     
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/ANT
Page 2
This schedule applies only to the territory of the Netherlands Antilles, which are part of the
Kingdom of the Netherlands.  The Netherlands Antilles do not form part of the European territory of
the Kingdom of the Netherlands, which is a Member State of the European Community.  The
Netherlands Antilles consist of the islands of Curaçao,  Bonaire, St. Maarten, St. Eustatius and Saba
and enjoy an autonomous status under the "Statute  of the Kingdom of the Netherlands" of 1954, as
modified in 1986.
The relations between the Netherlands Antilles and the European community are governed by
Part IV of the Treaty of Rome and special Association Decisions by the Council of Ministers of the
European Community.  This schedule does not prejudice or influence in any way the relations
between the Netherlands Antilles and the European Community.S/DCS/W/ANT
Page 3THE KINGDOM OF THE NETHERELANDS WITH RESPECT TO THE NETHERLANDS ANTILLES
SCHEDULE OF SPECIFIC COMMITMENTS
Modes of supply: 1)   Cross-border 2)   Consumption abroad 3)   Commercial presence 4)   Presence of natural persons
Sector or Subsector Limitations on Market Access Limitat ions on National Treatment Additional Commitments
I. HORIZONTAL COMMITMENTS
ALL SECTORS INCLUDED
IN THIS SCHEDULE3) As a general rule incorporation in the N.A. is
required.  Branches need a permission. At
least one managing director either asindividual or a legal entity, must be aresident of the N.A., and must be appointedat the time of incorporation.
4) A test of economic needs is applied to all
categories of natural persons3) Non-Antillians
* need a permission to
establish as self-employed, for which a test of
economic needs is applied
4) Non-Antillians* need a special permission to
become a director of a company
II. SECTOR-SPECIFIC COMMITMENTS
1. BUSINESS SERVICES
A. Professional Services
a) Legal services
Legal advice activities onhome country and
international law1) None
2) None3) None
4) None1) None
2) None3) None
4) None
b) Accountancy
(CPC 862)1) Unbound
2) Unbound3) None
4) None1) Unbound
2) Unbound3) None
4) None
c) Taxation services
(CPC 863)1) None
2) None3) None
4) None1) None
2) None3) None
4) None
e) Engineering services
(CPC 8672)1) None
2) None3) None
4) None1) None
2) None3) None
4) None
                                                     
*  In the framework of establishment Antillians are defined as those persons of Dutch nationality born in the N.A.S/DCS/W/ANT
Page 4Modes of supply: 1)   Cross-border 2)   Consumption abroad 3)   Commercial presence 4)   Presence of natural persons
Sector or Subsector Limitations on Market Access Limitat ions on National Treatment Additional Commitments
B. Computer services
(CPC 841)1) None
2) None
3) None
4) None1) None
2) None
3) None
4) None
F. Other Business Services
c) Management consulting
services
(CPC 865)1) None
2) None
3) None4) None1) None
2) None
3) None4) None
3. CONSTRUCTION AND
RELATED
ENGINEERING
SERVICES
A. Construction
(CPC 512)1) Unbound*
2) None
3) None
4) None1) Unbound*
2) None3) None
4) None
4. DISTRIBUTION
SERVICES
D. Franchising
(CPC 8929)1) None
2) None3) Not more than 25 per cent of the shares of a
franchise can be held by the mother companyabroad
4) None1) None
2) None3) None
4) None
                                                     
*  A commitment on this mode of delivery is not feasible.S/DCS/W/ANT
Page 5Modes of supply: 1)   Cross-border 2)   Consumption abroad 3)   Commercial presence 4)   Presence of natural persons
Sector or Subsector Limitations on Market Access Limitat ions on National Treatment Additional Commitments
The Netherlands Antilles will bind all financial service sectors in accordance with the provisions contained in the "Understand ing on Commitments in Financial Services"
7. FINANCIAL SERVICES1
A. Insurance
a) Domestic insurance
companies21) None2) None1) None
2) None
3) Must be limited liability companies or
mutual companies if the seat is registered
within the N.A.  A test of economic needs isapplied for the establishment of branches andsubsidiaries in the domestic market.  Themanaging director, being a natural person,
must be a resident of the N.A.3) None
4) None 4) None
b) International insurance
companies31) None2) None1) None
2) None
3) Must be limited liability companies or
mutual companies.  The managing director,being a natural person, must be a resident ofthe N.A.
4) None3) None
4) None
                                                     
1  Capital transactions are subject to a licence granted by the Central Bank, according to the foreign exchange regulations of t he N.A.
2  Domestic insurance companies are defined as insurance companies conducting business primarily within the N.A.
3  An international insurance company is defined as an insurance company, conducting business outside the N.A. with non-resident s.  International insurance companies
are not allowed to operate on the domestic market.S/DCS/W/ANT
Page 6Modes of supply: 1)   Cross-border 2)   Consumption abroad 3)   Commercial presence 4)   Presence of natural persons
Sector or Subsector Limitations on Market Access Limitat ions on National Treatment Additional Commitments
B. Banking and securities
trade
Secondary financial
institutions41) None2) None1) None
2) None
3) a)   Must be limited liability companies or
branches of a foreign financialinstitution
b)   A test of economic needs is applied for
the establishment of branches and
subsidiaries on the domestic market
(including expansion of activities ofestablished banks through new
branches)3) None
c)  Only branches and subsidiaries of the top
1000 banks may be admitted
d)  The managing directors must be natural
persons and residents of the N.A.  Theirappointment is subject to approval bythe Central Bank
4) None 4) None
                                                     
4  A secondary financial institution is defined as an enterprise or institution whose activities consist primarily of obtaining funds from third parties in the form of savings
or debenture with the purpose of investing or lending these funds.  A secondary financial institution is not a money-creating e ntity and therefore has no effect on the total
money supply.S/DCS/W/ANT
Page 7Modes of supply: 1)   Cross-border 2)   Consumption abroad 3)   Commercial presence 4)   Presence of natural persons
Sector or Subsector Limitations on Market Access Limitat ions on National Treatment Additional Commitments
General banks51) None
2) None
3) a)   Must be limited liability companies or
branches of a foreign financialinstitution
b)   A test of economic needs is applied for
the establishment of branches andsubsidiaries on the domestic market
(including expansion of activities of
established banks through new
branches)1) None
2) None
3) None
c)  Only branches and subsidiaries of the top
1000 banks may be admitted
d)   The managing directors must be natural
persons and residents of the N.A.  Their
appointment is subject to approval bythe Central Bank.
4) None 4) None
International banks61) None2) None
3) Must be legal entities or branches of foreign
financial institutions.  Only subsidiaries orbranches of the top 1000 banks of the worldare admitted.  At least one of the managingdirectors, being a natural person, must be aresident of the N.A.  The appointment is
subject to approval by the Central Bank.1) None
2) None
3) None
4) None 4) None
                                                     
5  A general bank is defined as an enterprise or institution whose activities consist primarily of regularly obtaining funds on account from third parties and/or lending
funds to third parties in the form of loans.
6  An international bank is defined as an enterprise whose activities consist primarily of regularly obtaining funds on account from third parties being non-residents
and/or from the capital market, with the purpose of relending these funds to third parties being non-residents in the form of l oans.  Since international banks are not
subject to the restrictions in the foreign exchange regulations, those banks are not allowed to operate on the domestic market.S/DCS/W/ANT
Page 8 Modes of supply: 1)   Cross-border 2)   Consumption abroad 3)   Commercial presence 4)   Presence of natural persons
Sector or Subsector Limitations on Market Access Limitat ions on National Treatment Additional Commitments
9. TOURISM AND
TRAVEL RELATEDSERVICES
A. Hotel lodging services
(CPC 6411)1) Unbound*
2) None3) None
4) None1) Unbound*
2) None3) None
4) None
10. RECREATIONAL AND
SPORTING SERVICES
A. Entertainment services
(CPC 9619)1) Unbound*
2) None
3) None4) None1) Unbound*
2) None
3) None4) None
a) Recreation park and beach
services
(CPC 96491)1) Unbound*
2) None3) None
4) None1) Unbound*
2) None3) None
4) None
D. Sporting services
(CPC 9641)1) Unbound*
2) None
3) None4) None1) Unbound*
2) None
3) None4) None
11. TRANSPORT
SERVICES
A. Shipping:  (freight and
passenger transportation)1) None
2) None
3) None
4) None1) None
2) None
3) All vessels registered in the N.A. must fly the
flag of the Kingdom of the Netherlands.  Such
vessels must be owned by a N.A. company.  The
captain must be a Dutch7 national (waiver
possible).
4) None
                                                     
*A commitment on this mode of delivery is not feasible.
7Dutch:  national of the Kingdom of the Netherlands.S/DCS/W/ANT
Page 9Modes of supply: (1)  Cross-border (2)  Consumption abroad (3)  Commercial presence (4)  Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limit ations on National Treatment Additional Commitments
H. Maritime auxiliary
services:  cargo-handling1) Unbound*
2) None1) Unbound*
2) None
3) Cargo-handling in the harbour of Curaçao is
a monopoly of CPS (Curaçao Port Services)3) None
4) None 4) None
Freight transport:
agency services/freight
forwarding1) None
2) None3) None
4) None1) None
2) None3) None
4) None
Maritime auxiliary
services: storage/
warehousing1) Unbound*
2) None
3) None
4) None1) Unbound*
2) None
3) None
4) None
F. Road transport services
(CPC 71231, 71234,71239)1) Unbound*
2) None3) None
4) None1) Unbound*
2) None3) None
4) None
__________
                                                     
*A commitment on this mode of delivery is not feasible.