ORGANISATION MONDIALE  
DU COMMERCE  S/DCS/W/KWT 
24 janvier 2003 
 (03-0476) 
Commerce des services Original:   anglais 
 
 
 
KOWEΪT 
 
Projet de version codifiée de la Liste d'engagements spécifiques1 
 
 
 On trouvera ci-joint un projet de version c odifiée de la Liste d'engagements spécifiques du 
Koweϊt en format Word.  Ce document ne remplace pas les engagements juri diquement contraignants 
souscrits par le Kowe ϊt dans sa Liste d'engagement s spécifiques (GATS/SC/49; 
GATS/SC/49/Suppl.2). 
 
 Est joint au projet de liste codifiée la Li ste d'exemptions de l'article II (NPF) du Kowe ϊt 
(GATS/EL/49) 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 Memb res, pour faciliter le processus de négociation, y 
compris la présentation des offres initiales.    
 
 
 
 
 
  
 
  
 
  
 
  
 
  
 
 
 
 
                                                          
 
1 Le présent document a été établi, en anglais seulemen t, par le Secrétariat sous sa propre responsabilité 
et sans préjudice des positions des Membres ni de le urs droits et obligations dans le cadre de l'OMC.  S/DCS/W/KWT 
Page 2 KUWAIT – 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 Limi tations on  National Treatm ent 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 tendered 
and approved by the Kuwait Central Tender Committee, should comply with the 
COUNTER-TRADE OFF-SET 
PROGRAMME requirements under the rules and regulations of the said Programme, the 
provisions and articles of which are clearly 
stipulated in the "S upply Contracts" and 
detailed in the 3) Possessing, buying, selling or dealing in 
Kuwaiti share holding companies shares are, 
presently, confined to Kuwaiti natural or 
juridical persons.  Foreigners are allowed to invest 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 are 
not allowed  
  Memorandum of Agreement, which must be 
signed between the Government of Kuwait, Counter-Trade Off-Set  Programme, executive 
office, on the one hand, and the concerned 
supplying company on the other. This 
Programme is a pre-requ isite condition for all 
tenders.   
  As stipulated in Kuwaiti laws, decisions and 
regulations, National services or services of 
national origin should have priority in purchases of Governmental, Semi-
Governmental and Public Sector Departments, 
as well as in purchases of national and foreign contractors, awarded contracts by the 
Government of Kuwait or its affiliate bodies 
to 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 Limi tations on  National Treatm ent Additional Commitments 
  With the exemption of banks, financial and 
insurance institutions and other sectors and sub sectors which are not stipulated as areas of 
commitments in the attached schedules, 
foreign commercial presence should be either through a Kuwaiti Agent working in the same 
field of services or related to it (official 
agency contract must be registered with the Ministry 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 aggregate portion of foreign capital should not exceed 
49%.   
  Foreign commercial presence, must add some 
economic interests to the country, like high 
technology transfer, research and development 
programs, technical or  marketing assistance 
and educational or training of local manpower, 
including a condition to employ 30% of his 
workforce with Nationals.   
  Commercial presence in all sectors and sub 
sectors of Services, shall need prior written permission from competent authorities, and 
shall be subject to economic needs test and 
some other considerations. 
    S/DCS/W/KWT 
Page 4 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 Limi tations on  National Treatm ent 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 free  or lowered costs, establishing of marketing 
 centres (inside or outside the country), 
 and/or granting discount on the prices of its  advertising programmes in national TV and 
 national 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 technicians 
 Presence of foreign natural persons as self 
employers is not allowed 4)  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 to 
Kuwaiti citizens    S/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 Limi tations on  National Treatm ent 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 services 
 1) Unbound 
2) Unbound 
3) None 
4) Unbound except as indicated under horizontal 
commitments 1) Unbound 
2) Unbound 
3) None 
4) Unbound except as indicated under horizontal 
commitments  
B. Computer and Related 
Services  
    
(a) Consultancy services 
related to the installation of 
computer hardware 
(b) Software implementation 
services 
(c) Data processing services 
(d) Data base services 
 1) Unbound 
2) Unbound 
3) None 4) Unbound except as indicated under horizontal 
commitments 
 
 1) Unbound 
2) Unbound 
3) None 4) 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 
Services 1) Unbound 
2) Unbound 
3) None 4) Unbound except as indicated under horizontal 
commitments 1) Unbound 
2) Unbound 
3) None 4) Unbound except as indicated under horizontal 
commitments   S/DCS/W/KWT 
Page 6 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 Limi tations on  National Treatm ent 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 and 
forestry 1) Unbound 
2) Unbound 
3) None 
4) Unbound except as indicated under horizontal 
commitments 
 
 1) Unbound 
2) Unbound 
3) None 
4) Unbound except as indicated under horizontal 
commitments 
 
  
 
(g) Services incidental to 
fishing 
(i) Services incidental to 
manufacturing 
(m) Related scientific and 
technical consulting 
services    
(n) Maintenance and repair of 
equipment (not including maritime vessels, aircraft of 
other transport equipment)    
(o) Building-cleaning services 
(p) Photographic services 
(q) Packaging services 
(r) Printing, Publishing (s) Convention services 
      S/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 Limi tations on  National Treatm ent Additional Commitments 
3. CONSTRUCTION AND 
RELATED ENGINEERING 
SERVICES 
  
   
   
 
A. General Construction Work  
for Buildings  
 
B. General Construction Work 
for Civil Engineering  
 
C. Installation and Assembly 
Work  
 
D. Building Completion and 
 Finishing Work  
 1) Unbound 
2) Unbound 
3) None 
4) Unbound except as indicated under horizontal 
commitments 
 1) Unbound 
2) Unbound 
3) None 
4) Unbound except as indicated under horizontal 
commitments  
4. DISTRIBUTION 
SERVICES 
    
A. Commission (Commercial) 
Agents' Services  
 B. Wholesale Trade Services
 
 
C. Retailing Services  
 1) Unbound 
2) Unbound 
3) None 4) Unbound except as indicated under horizontal 
commitments 
 1) 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 
Services  
 1) Unbound 
2) Unbound 3) None 
4) Unbound except as indicated under horizontal 
commitments 
 1) Unbound 
2) Unbound 3) None 
4) Unbound except as indicated under horizontal 
commitments 
  
  S/DCS/W/KWT 
Page 8 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 Limi tations on  National Treatm ent Additional Commitments 
7. FINANCIAL SERVICES 
    
B. Banking and Other 
Financial Services  
    
(a) Acceptance of deposits and 
other repayable funds from 
the public 
 1) Unbound 
2) None 
3) 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) None 
3) 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 acce ss column of this sub-
sector. 
  
 
(b) Lending of all types 
including, inter alia , 
consumer credit, mortgage 
credit, factoring and financing of commercial 
transactions 
 1) Unbound except for the case of participation 
in syndicated loans through Kuwaiti banks or 
Kuwaiti 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 Limi tations on  National Treatm ent Additional Commitments 
(c) Financial leasing 
 1) Unbound 
2) None 3) 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) 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 item 
3) in the market access column of this sub-sector. 
  
 
(d) All services relevant to 
payments and transfers 
 1) Unbound 
2) None 3) 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) 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 item 
3) in the market access column of this sub-
sector. 
  
  S/DCS/W/KWT 
Page 10 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 Limi tations on  National Treatm ent Additional Commitments 
(e) Guarantees and 
commitments 
 1),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 the 
financial market, over-the-
counter or otherwise as follows: 
 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, certificates 
of deposits, etc.) 
- Foreign exchange - Derivative products, 
including - but not limited 
to - futures and options    
- Exchange rate and interest 
rate instruments, including 
products such as swaps, 
forward rate agreements, 
etc. 
- Transferable securities 
- Other negotiable 
instruments and financial assets, including dealing in 
gold bullion      S/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 Limi tations on  National Treatm ent Additional Commitments 
(g) Participation in issues of all 
kinds of securities, including underwriting and 
placement as agent 
(whether publicly or privately) and the provision 
of financial services related 
to such issues 1) Unbound 
2) None 3) 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) 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 
item 3) above. 
 
 4) Unbound except for the cases  referred to in 
item 3) in the market acce ss column of this sub-
sector. 
  
(h) Speculations in money 
markets 
 1),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 collective 
investments, pension funds and investment trustee 
services 
 1),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 12 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 Limi tations on  National Treatm ent Additional Commitments 
(j) Settlement and clearing 
services for financial assets, including securities, 
derivative products, and 
other negotiable instruments 
 1) Unbound 
2) None 3) Unbound except for the participation in a 
Kuwaiti company licensed to exercise the 
same activity, provided that the foreign participation (other than GCC citizens) should 
not exceed 49% of the company's capital. 
4) Unbound except for the case referred to in 
item 3) above. 
 1) Unbound 
2) None 3) 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 services 
on all the activities listed in 
subparagraphs 5.(v) through (xv) of the Annex 
on Financial Services, 
including credit analysis, researches, investment and 
portfolio research and 
consultations on 
acquisitions and on 
corporate restructuring and strategy 
 1),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, and 
financial data processing 
and the related software by suppliers of other financial 
services 
 1) Unbound except for the provision and transfer 
of financial information supplied directly from 
abroad to the subscribers in Kuwait. 
2) None 3) Unbound except for the participation in a 
Kuwaiti company licensed to exercise the 
same activity, 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 
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 of this 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 Limi tations on  National Treatm ent Additional Commitments 
8. HEALTH RELATED AND 
SOCIAL SERVICES 
    
A. Hospital Services  
 
B. Other Human Health 
Services  
 
C. Social Services  
 1) Unbound 
2) Unbound 
3) None 4) Unbound except as indicated under horizontal 
commitments 
  1) None 
2) None 
3) None 4) Unbound except as indicated under horizontal 
commitments 
   
9. TOURISM AND 
TRAVEL-RELATED SERVICES 
    
A. Restaurants  
 (incl. Catering, after 
economic test) 
 B. Travel Agencies and Tour 
Operators Services  
 
C. Tourist Guides Services  
 1) Unbound 
2) Unbound 
3) None 
4) Unbound except as indicated under horizontal 
commitments 
 1) Unbound 
2) Unbound 
3) None 
4) Unbound except as indicated under horizontal 
commitments 
  
10. RECREATIONAL, 
CULTURAL AND 
SPORTING SERVICES 
    
A. Entertainment Services  
(incl. theatre, live bands and circus services) 
 
D. Sporting and Other 
Recreational Services  
 1) Unbound 
2) Unbound 3) None 
4) Unbound except as indicated under horizontal 
commitments 
 1) Unbound 
2) Unbound 3) None 
4) Unbound except as indicated under horizontal 
commitments 
  
 
_______________ 
 
 
  S/DCS/W/KWT 
Page 14 KUWAIT – 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 
Air Transport Services 
 Measures which pertain to 
aircraft repair and maintenance, 
selling and marketing of air transport services and computer 
reservation services, applied in 
conformity with bilateral, 
multilateral civil aviation 
agreements, understandings and undertakings, informal 
reciprocity and comity aviation 
régimes, to which Kuwait is a party 
 All countries 
 Indefinite 
 Need to implement measures referred 
to in second column 
 
Promotion and Protection of Investments  Measures taken to promote and 
protect investments, applied in conformity with bilateral, 
multilateral agreements and 
undertakings, to which Kuwait is a party 
 All countries 
 Indefinite 
 Need to implement measures referred 
to in second column  
 
__________