RESTRICTEDWORLD TRADE
ORGANIZATIONTN/S/O/FJI
16 June 2003
(03-3158)
Council for Trade in Services
Special SessionOriginal:  English
COMMUNICATION FROM FIJI
Initial Offer
The following initial offer has been received from the delegation of Fiji on 30 May with the
request that it be circulated to Members of the Council for Trade in Services
_______________
This initial offer is not a legal text and is submitted solely for the purpose of negotiation in the
context of the Doha Ministerial Declaration, particularly in the light of the need to achieving an
overall balance in the outcome of the Doha round of negotiations.  This offer is therefore conditional
and Fiji reserves the right to supplement, modify or withdraw it in whole or in part at any time during
the services negotiations.TN/S/O/FJI
Page 3FIJI – INITIAL CONDITINAL OFFER 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 Treatment Additional Commitments
I. HORIZONTAL COMMITMENTS
These "horizontal
commitments" apply
to all sectors includedin this schedule, exceptfor hotels, motels andother tourist
accommodation
(CPC 641) andrestaurants (CPC 642)
3) The establishment or takeover of a commercial
presence in the Fiji Islands is subject to
notification and examination by the Chief
Executive of the Fiji Islands Trade &Investment Bureau or relevant successorauthorities, in order to obtain a ForeignInvestment Certificate for the specificcommercial activity or activities being
undertaken.  In addition to the satisfaction of
any specific foreign investment policyrequirements detailed in the sectoral part ofthis schedule and taking into account allinformation, undertakings and representationsin respect of the pr oposal, the relevant
authority will approve a proposal if convinced
that the investment is likely to be of net benefitto the Fiji Islands.  In forming this judgement,the relevant authority will consider, among
other things:1,2,3,4) Unbound with respect to taxation
treatment, eligibility for subsidies and
access to concession al finance from a
Government agency or statutory body.
Unbound for current and future
measures at national or sub-nationalgovernment levels according rights orpreferences to members of socially oreconomically disadvantaged groups or to
organisations providing for the
favourable treatment of members ofsocially or economically disadvantagedgroups or their organisations, in relationto the acquisition, establishment oroperation of an y commercial or
industrial undertaking in the services
sectorTN/S/O/FJI
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 Treatment Additional Commitments
a) the effect of the in vestment on the level
and nature of economic activity in the Fiji
Islands, including, without limiting the
generality of the foregoing, the effect onemployment, on resource processing, onthe utilisation of parts, components andservices produced in the Fiji Islands, and
on exports from the Fiji Islands;
b) the degree and significance of
participation by Fiji citizens in thecommercial presence and in any industries
in the Fiji Islands of which the commercial
presence forms or would form a part;3) At least two of the directors of a public
company and at least one director of a
private company must be ordinarily
resident in the Fiji Islands.
3) Authorisation from the Minister for
Lands or relevant successor authorities is
required for the purchase or lease of
freehold land, and for the lease of State
land.  Applications are approved at thediscretion of the Minister.  They willnormally be approved except only in
unusual circumstances where the vital
interests and development of the FijiIslands could reasonably be expected tobe adversely affected.TN/S/O/FJI
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 Treatment Additional Commitments
c) the effect of the investment on
productivity, industrial efficiency,
technological development, product
innovation and product variety in the FijiIslands;
d) the effect of the inve stment on any existing
industry or industries in the Fiji Islands of
which the commercial presence forms orwould form a part;
e) the effect of the investment on competition
within any industry or industries in theFiji Islands;
f) the compatibility of the investment with
national industrial, economic, social and
cultural policies, taking into considerationindustrial, economic, social and culturalpolicy objectives enunciated bygovernment authorities at any sub-national level likely to be significantly
affected by the investment;
g) the likely effect of the investment on the
external balance of payments of the Fiji
Islands; and
h) the contribution of the investment to the
Fiji Islands’ ability to compete in world
markets.Authorisation is conditional upon the
substantial operation of the commercial
presence in respect of which the
application was made, within thetimeframe imposed by the relevantauthority.  Prohibited are purelyfinancial investments, including theacquisition of title for the purpose of
benefiting from a subsequent re-sale of
the same title, with the land itselfremaining unimproved (speculativepurposes), and real estate businessoperations, unless explicitly allowed in
the relevant sector al part of this
schedule.
Land titles obtained according to the
foregoing may only be disposed of in
favour of a non-resident if the
transaction is approved by the relevantauthority, according to the sameprovisions as for the initial acquisition ofthe title.  Freehold land in excess of 10hectares must first be advertised locally
before it may be sold to non-residents.
Unbound for the purchase, lease or any
other transaction regarding Native lands.TN/S/O/FJI
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 Limitations on National Treatment Additional Commitments
The relevant authority al so reserves the right to
reject proposals for th e establishment of a
commercial presence that are adjudged
contrary to the nation al interest, meaning
circumstances where the vital interests anddevelopment of the Fiji Islands couldreasonably be expected to be adversely
affected.
The validity of a Foreign Investment
Certificate is conditional upon:
a) verification by the Re serve Bank of Fiji of
the inward transfer of  the new capital, as
agreed in the invest ment proposal; and
b) substantial operation of the commercial
presence within the timeframe set by the
relevant authority.  Also limits nationaltreatment.TN/S/O/FJI
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 Limitations on National Treatment Additional Commitments
4) Unbound, except for measures affecting the
entry and temporary stay of the following
category of natural persons:
Foreign service perso nnel applying for work
permits will normally be subject to economicneeds tests.  Therein, th e relevant authority will
consider, but need not limit consideration to:
a) whether an applicant’s specialised skills
and expertise are available locally;
b) if an applicant’s specialised skills and
expertise are available locally, whether the
supply of such skills is sufficient;
c) the general state of the labour market in
the Fiji Islands;
d) the general state of the industry in which
the applicants proposes to work; and
e) general economic conditions.
Work permits obtained  according to the
provisions above are granted for an initialperiod of one year, and may be extended for afurther two years.  Also limits national
treatment.4) Unbound, except as indicated in the
market access column.
Work permits granted according to the
provisions of the market access columnmay be conditional on the foreignpersonnel training of an understudy,
which requires foreign personnel to
transfer skills and expertise to Fijicitizens, and on the regular provision of
evidence to that effect.
II. SECTOR-SPECIFIC COMMITMENTS
1. BUSINESS
SERVICES
A. Professional
Services
a. Legal services
(CPC 861)1) a) Providing legal advisory or consultancy
services: None.
b) Drawing or preparing legal instruments,
acting as a legal practitioner of the Fiji Islandsor as a Notary Public: must hold a current
practicing certificate i ssued by the Fiji Law
Society certifying entitl ement to practice as a
legal practitioner according to the laws of the
Fiji Islands.1) a) None.
b) Must hold a current practicing
certificate issued by the Fiji Law Societycertifying entitlement to practice as a legal
practitioner according to  the laws of the Fiji
Islands.  The grant of a practicing certificate
requires, in addition to approved educationalqualifications, prior residency of at leastthree months.  This residency requirementmay be waived at the discretion of the Chief
Justice.TN/S/O/FJI
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 Treatment Additional Commitments
2) a) Providing legal advisory or consultancy
services: None.
b) Drawing or preparing legal instruments,
acting as a legal practitioner of the Fiji Islandsor as a Notary Public: must hold a currentpracticing certificate i ssued by the Fiji Law
Society certifying entitl ement to practice as a
legal practitioner according to the laws of theFiji Islands.2) a) None.
b) Must hold a current practicing
certificate issued by the Fiji Law Societycertifying entitlement to practice as a legal
practitioner according to  the laws of the Fiji
Islands.  The grant of a practicing certificate
requires, in addition to approved educational
qualifications, prior residency of at leastthree months.  This residency requirementmay be waived at the discretion of the Chief
Justice.
3) Sole proprietorships and partnerships are the
only forms of legal entity through which legalservices may be o ffered to the public.
Must be in partnership with a legal practitioner
of at least three years standing in the Fiji
Islands; or, if commencing practice as apractitioner on own account, must for at leastthree of the previous five  years, have had legal
experience as a practi tioner in Fiji.  Upon
application, and at the discretion of the Council
of the Fiji Law Society,  other legal experience
may be judged equivalent for establishment ofown account.3) Must be in partnership with a legal
practitioner of at least three years standingin the Fiji Islands; or, if commencingpractice as a practitioner on own account,must for at least three of the previous five
years, have had legal experience as a
practitioner in Fiji.  Upon application, and atthe discretion of the Council of the Fiji LawSociety, other legal experience may bejudged equivalent for establishment of own
account.TN/S/O/FJI
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 Treatment Additional Commitments
Must hold a current practicing certificate
issued by the Fiji Law Society certifying
entitlement to practice as a legal practitioner
according to the laws of the Fiji Islands.
A practitioner is not entitled to argue any cause
or matter before the Supreme Court, the Fiji
Court of Appeal or the High Court (other than
in chambers or before the Registrar except onan originating summons), unless with anotherpractitioner of at least three year’s standing in
the Fiji Islands, until he or she has practised
for a period of at least two years as a
practitioner in the Fiji Islands.  Other legalexperience may be deem ed equivalent by the
relevant legislation.Must hold a current practicing certificate
issued by the Fiji Law Society certifying
entitlement to practice as a legal
practitioner according to  the laws of the Fiji
Islands.  The grant of a practicing certificaterequires, in addition to approvededucational qualifications, prior residencyof at least three months.  This residency
requirement may be waived at the discretion
of the Chief Justice.
A practitioner is not entitled to argue any
cause or matter before the Supreme Court,
the Fiji Court of Appeal or the High Court(other than in chambers or before theRegistrar except on an originatingsummons), unless with another practitionerof at least three year’s  standing in the Fiji
Islands, until he or she has practised for a
period of at least two years as a practitionerin the Fiji Islands.  Other legal experience
may be deemed equival ent by the relevant
legislation.
4) Unbound, except as indicated in the horizontal
commitments.
A person may apply to the Chief Justice to be
admitted to practice as a legal practitioner in
the Fiji Islands for the purpose of any specific
cause or matter, at the discretion of the ChiefJustice.  Approval allows a person to appear oract in the cause or matter for the purpose ofwhich that person is admi tted, if instructed by,
and if when appearing in any Court in the
conduct of the cause or matter, appearingtogether with a practitioner admitted topractice in the Fiji Islands, without holding a
practising certificate.  Otherwise:4) Unbound, except as indicated in the
horizontal commitments.
A person may apply to the Chief Justice to
be admitted to practice as a legal
practitioner in the Fiji Islands for the
purpose of any specific cause or matter, atthe discretion of the Chief Justice.  Approvalallows a person to appear or act in the causeor matter for the purpose of which that
person is admitted, if instructed by, and if
when appearing in any Court in the conductof the cause or matter, appearing togetherwith a practitioner admitted to practice inthe Fiji Islands, without holding a practising
certificate.  Otherwise:TN/S/O/FJI
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 Treatment Additional Commitments
Must hold a current practicing certificate
issued by the Fiji Law Society certifying
entitlement to practice as a legal practitioner
according to the laws of the Fiji Islands.
Must be in partnership with a legal practitioner
of at least three years standing in the Fiji
Islands; or, if commencing practice as a
practitioner on own account, must for at least
three of the previous five  years, have had legal
experience as a practi tioner in Fiji.  Upon
application, and at the discretion of the Council
of the Fiji Law Society,  other legal experience
may be judged equivalent for establishment of
own account.
A practitioner is not entitled to argue any cause
or matter before the Supreme Court, the Fiji
Court of Appeal or the High Court (other than
in chambers or before the Registrar except onan originating summons), unless with anotherpractitioner of at least three year’s standing in
the Fiji Islands, until he or she has practisedfor a period of at least two years as a
practitioner in the Fiji Islands.  Other legal
experience may be deem ed equivalent by the
relevant legislation.Must hold a current practicing certificate
issued by the Fiji Law Society certifying
entitlement to practice as a legal
practitioner according to  the laws of the Fiji
Islands.  The grant of a practicing certificaterequires, in addition to approvededucational qualifications, prior residencyof at least three months.  This residency
requirement may be waived at the discretion
of the Chief Justice.
Must be in partnership with a legal
practitioner of at least three years standing
in the Fiji Islands; or, if commencingpractice as a practitioner on own account,must for at least three of the previous fiveyears, have had legal experience as apractitioner in Fiji.  Upon application, and
at the discretion of the Council of the Fiji
Law Society, other le gal experience may be
judged equivalent for establishment of own
account.
A practitioner is not entitled to argue any
cause or matter before the Supreme Court,the Fiji Court of Appeal or the High Court(other than in chambers or before theRegistrar except on an originatingsummons), unless with another practitioner
of at least three year’s  standing in the Fiji
Islands, until he or she has practised for aperiod of at least two years as a practitionerin the Fiji Islands.  Other legal experience
may be deemed equival ent by the relevant
legislation.TN/S/O/FJI
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 Treatment Additional Commitments
b. Accounting,
Auditing and
Bookkeeping
services (CPC8621 + 8622)
c. Taxation services
(CPC 8630)1) a) Accountancy, bookkeeping and taxation
accounting within public or private sector
organisations: None.
b) Chartered account ancy, auditing,
bookkeeping and taxation services: any naturalor juridical person  offering chartered
accountancy services - whether accountancy,
auditing, bookkeeping or taxation services - tothe public of the Fiji Islands must hold acurrent Certificate of Pub lic Practice, issued by
the Fiji Institute of Accountants.1) a) None.
b) Any natural or juridical person
offering chartered ac countancy services -
whether accountan cy, auditing,
bookkeeping or taxation services - to thepublic of the Fiji Islands must hold a
current Certificate of Public Practice, issued
by the Fiji Institute of Accountants and forwhich residency is a requirement.
2) a) Accountancy, bookkeeping and taxation
accounting within public or private sectororganisations: None.
b) Chartered account ancy, auditing,
bookkeeping and taxation services: any naturalor juridical person  offering chartered
accountancy services - whether accountancy,
auditing, bookkeeping or taxation services - tothe public of the Fiji Islands must hold a
current Certificate of Pub lic Practice, issued by
the Fiji Institute of Accountants.2) a) None.
b) Any natural or juridical person
offering chartered ac countancy services -
whether accountan cy, auditing,
bookkeeping or taxation services - to thepublic of the Fiji Islands must hold acurrent Certificate of Public Practice, issuedby the Fiji Institute of Accountants and for
which residency is a requirement.
3) Sole proprietorships and partnerships are the
only forms of legal entity through which
chartered accountancy services - whether
accountancy, auditing, bookkeeping or taxationservices - may be offered  to the public in the
Fiji Islands.
Partners of such char tered accountancy firms
must hold current Certificates of PublicPractice, issued by the Fiji Institute of
Accountants.3) Partners of chart ered accountancy firms
must hold current Certificates of Public
Practice, issued by the Fiji Institute of
Accountants and for wh ich residency is a
requirement.TN/S/O/FJI
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 Treatment Additional Commitments
4) Unbound, except as indicated in the horizontal
commitments.
An accountant practising as a chartered
accountant in the Fiji Islands must hold acurrent Certificate of Pub lic Practice, issued by
the Fiji Institute of Accountants.4) Unbound, except as indicated in the
horizontal commitments.
An accountant practising as a chartered
accountant in the Fiji Islands must hold acurrent Certificate of Public Practice, issuedby the Fiji Institute of Accountants and for
which residency is a requirement.
d. Architectural
services (CPC
8671)
e. Engineering
services (CPC
8672)
f. Integrated
engineering
services (CPC
8673)
g. Urban planning
and landscape
architectural
services (CPC8674)1) None.
2) None.
3) Foreign capital participation is limited to 49%.
4) Unbound, except as indicated in the horizontal
commitments.1) None.
2) None.
3) None.
4) Unbound, except as indicated in the
horizontal commitments.
B. Computer and
Related Services
a. Consultancy
services related tothe installation ofcomputerhardware (CPC
84100)1) None.
2) None.
3) None.4) Unbound, except as indicated in the horizontal
commitments.1) None.
2) None.
3) None.4) Unbound, except as indicated in the
horizontal commitments.TN/S/O/FJI
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 Treatment Additional Commitments
C. Research and
Development
Services
a. R&D services on
natural sciences
(CPC 8510)
b. R&D services on
social sciencesand humanities
(CPC 8520)
c. Interdisciplinary
R&D services
(CPC 85300)1) None.
2) None.
3) None.
4) Unbound, except as indicated in the horizontal
commitments.1) None.
2) None.
3) None.
4) Unbound, except as indicated in the
horizontal commitments.
6. ENVIRON-
MENTAL
SERVICES
B. Refuse disposal
services:
landfill
managementservices, wastereductionservices,
incineration
services andrecycling services,excluding refusecollection and
transportation
services.1) None.
2) None.3) Foreign firms must en ter into joint ventures
with national suppli ers of environmental
services.
4) Unbound, except as indicated in the horizontal
commitments.1) None.
2) None.3) To establish a joint venture for the provision
of environmental serv ices, foreign partners
must demonstrate to the Chief Executive of
the Fiji Islands Trade & Investment Bureau,or relevant successor authorities, that theywill transfer to their local partnerstechnology, knowledge, skills and standards
not available or practised domestically.
4) Unbound, except as indicated in the
horizontal commitments.TN/S/O/FJI
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 Treatment Additional Commitments
C. Sanitation
services:
advanced
sanitationservices includingdisinfecting
services for
buildings andother non-agriculturalstructures, but
excluding general
cleaning services(indoor oroutdoor) and anyform of pest
control services.TN/S/O/FJI
Page 15Modes 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 Treatment Additional Commitments
D. Other
environmental
services:
Cleaning services
of exhaust gases
(CPC 94040);
Noise abatement
services (CPC
94050);
Nature and
landscapeprotectionservices: advisory
services on
ecological systemprotection andadvisory serviceson riskassessment and
abatement for
natural disasters(CPC 94060
**)
                                                     
** The (**) indicates that the service specified constitutes only a part of the total range of activities covered by the CPC conco rdance.TN/S/O/FJI
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 Treatment Additional Commitments
9. TOURISM AND
TRAVEL
RELATED
SERVICES
- Hotels, Motels,
Other TouristAccommodation
(CPC 641)1) None.
2) None.3) Normal government approval and registration
required for all foreign investors.
4) Normal government approval required for foreign
nationals.  Entry limited to key post managementand time post skilled employees where these areunavailable locally.  Time post appointments for
skilled employees is three years initially and
extension is subject to Immigration Departmentrequirements.1) None.
2) None.
3) None.
4) Foreign managers/skilled employees required
to provide locals with on-the-job training.
- Restaurants (CPC
642)1) None.
2) None.
3) Normal government approval and registration
required for all foreign investors.  Limited tospeciality restaurants and hotel restaurants, where
speciality restaurants unavailable.
4) Normal government approval for foreign nationals
required.  Entry limited to management andskilled employees where these are unavailablelocally.  Time post appointments for skilled
employees is three years initially and extension is
subject to Immigration Department requirements.1) None.
2) None.
3) None.
4) Skilled foreign employees required to provide
training to locals.
__________