RESTRICTEDWORLD TRADE
ORGANIZATIONS/CSS/W/118
30 November 2001
(01-6155)
Council for Trade in Services
Special Session
ECONOMIC NEEDS TESTS
Note by the Secretariat
1. At the meeting of the Special Session of the Council for Trade in Services, held on 9-
12 July 2001, Members requested the Secretariat to prepare a note on economic needs tests ("ENTs")
and their application to all modes of supply, drawing upon Members' schedules and work undertaken
by the UNCTAD and OECD Secretariats.  The present note, which responds to this request, consists
of three main parts.  It begins by placing ENTs in the legal framework of the GATS.  It then providesan overview of instances of ENTs in Members' schedules with regard to different modes and sectors.
Finally, the note considers some practical issues that may arise in the application of GATS provisions
relating to ENTs.  A comprehensive list of ENTs scheduled by Members is attached as an Annex.
2. This note also serves to supplement information contained in papers prepared by UNCTAD
and the OECD.  The UNCTAD paper provides a detailed overview of instances of ENTs in Membersschedules.
1  The OECD paper addresses the incidence and operation of ENTs in the schedules of
OECD member States and selected other countries, as they are applied to commercial presence and
the movement of natural persons.2  Both papers contain suggestions for further work on ENTs.
I. ECONOMIC NEEDS TESTS IN THE LEGAL FRAMEWORK OF THE GATS
3. The concept of ENTs arises in the GATS only in Article XVI.  Under that provision, a
Member grants full market access in a sector when it does not adopt or maintain any of the six types
of measures listed in subparagraphs (a) to (f) of Article XVI:2.  A Member grants  partial  market
access in a sector when it specifies in its schedule any measures of the six listed types.  Four of the six
listed types of measure refer to ENTs.  These four types of measures in sub-paragraphs (a) to (d) are
quantitative , in that they limit numbers of service suppliers, values of transactions or assets, numbers
of services operations or quantity of output, or total number of natural persons.  The four types of
measures must be specified in a Member's schedule either numerically, through other specifiedcriteria, or "through the form of … an economic needs test".
3  The concept of ENTs does not apply to
the two remaining types of market access measure, listed in subparagraphs (e) and (f) of
Article XVI:2.  These subparagraphs (on required forms of legal entity and on foreign equity
limitations) make no mention of ENTs.  ENT entries are also not relevant in unbound  services sectors,
in which Members may freely apply restrictions, in cluding ENTs, provided they conform with other
GATS obligations, in particular Article II (Most-Favoured-Nation treatment).
4. The term "economic needs test" is not defined in the GATS.  Nor does the term have a well-
defined meaning in standard dictionaries or in the economic literature.  Therefore, in order to clarify
                                                     
1 "Lists of Economic Needs Tests in the GATS Schedules of specific Commitments",
UNCTAD/ITCD/TSB/8, dated 6 September 1999.
2 "The Scheduling of Economic Needs Tests in the GATS: An Overview"
TD/TC/WP(2000)11/FINAL, 10 November 2000.
3 This clause is repeated in each of su bparagraphs (a) to (d) of Article XVI:2.S/CSS/W/118
Page 2
the meaning and application of ENTs for GATS purposes, it is particularly relevant to consider the
context of Article XVI, taking into account the object and purpose of the agreement.  The context of
Article XVI shows that this provision serves to define what is a full market access commitment of a
Member by specifying the types of measures which the Member shall not adopt or maintain in sectors
in which it undertakes the commitment.  Those are the measures specified in sub-paragraphs (a) to (f).Article XVI stipulates however that a Member may maintain any of those measures provided the
measure is "specified in its Schedule".
4  Since Article XVI creates binding commitments for each
Member based on the wording of the Member's schedule, entries in schedules should be inscribed
with sufficient precision to allow the verification of the Member's compliance with its commitments.
Otherwise, the legal certainty and predictabili ty necessary for Members to exchange scheduled
commitments and secure their rights and obligations, which is the purpose of Article XVI, would be
undermined.
5. The view that entries "specified" in schedules should be precise enough to allow for
verification is supported by the Guidelines for the Scheduling of Specific Commitments under the
GATS.5  The revised version, adopted by the Council for Trade in Services on 23 March 2001, states
that all scheduled market access limitations "should describe each measure concisely indicating the
elements which make it inconsistent with Article XVI".6  A Member scheduling, for example, a
limitation on the number of service suppliers, would need to specify the exact number of suppliers,
and not merely state that a numerical limitation exists.  Likewise, a Member scheduling a limitation
on the participation of foreign capital would need to specify the exact percentage of foreign share-
holding allowed.  This requirement of specificity holds true for all limitations scheduled by Members.
There is nothing in Article XVI which suggests that ENTs should be treated any differently in thisrespect.  For ENTs in particular, the Scheduling Guidelines confirm that they "should indicate the
main criteria on which the test is based, e.g. if the authority to establish a facility is based on a
population criterion, the criterion should be described concisely."
7
6. The context of Article XVI suggests also an important difference between the types of
measures listed in sub-paragraphs (a) to (d), which can be applied in the form of ENTs, and otherregulatory measures under the GATS, notably those falling within the scope of Article VI.  The
Scheduling Guidelines state that measures in the form of ENTs "comprise four types of quantitative
restrictions", and that these quantitative measures "do not relate to the quality of the service supplied,
or to the ability of the supplier to supply the servi ce (i.e. technical standards or qualifications of the
supplier)".
8  Measures in the form of ENTs should therefore carefully be distinguished, for example,
from the qualification requirements, technical standards and licensing requirements mentioned in
Article VI:4.  One may observe further that the quantitative nature of measures in the form of ENTsmeans that, unlike those of Article VI:4,  these are measures based on criteria  the fulfillment of which
is  beyond the control  of the affected service supplier.
7. Apart from the substantive content of an ENT, a Member is naturally bound in administering
an ENT by the relevant provisions of Article VI.  Accordingly, a Member would need to ensure that
ENTs "are administered in a reasonable, objective and impartial manner."
9  Also, with respect to the
                                                     
4 Article XVI:2.
5 S/L/92.
6 S/L/92, paragraph 9.
7 S/L/92 paragraph 9.  This text did not appear in the first version of the Guidelines dated 3 September
1993(MTN.GNS/W/164).  It was added in an Addendum dated 30 November 1993 (GNS/W/164/Add.1,paragraph 9), and was carried through into  the revised version of the Guidelines.
8 S/L/92, paragraph 8.
9 Article VI:1S/CSS/W/118
Page 3
delay in deciding on an individual application under an ENT, a Member would need to inform the
applicant of a decision "within a reasonable period of time.10
II. ECONOMIC NEEDS TESTS SCHEDULED BY MEMBERS
8. In total 253 ENTs, inscribed by 90 Members, have been counted for the purposes of this Note
in the horizontal or market access sections of current schedules of commitments.11  Of these tests, 49
are scheduled horizontally, 39 in mode 4, and ten in mode 3.  Two of the latter tests are scheduled as
limitations to national treatment.  Eleven Members ha ve explicitly excluded the application of  ENTs
for the movement of certain categories of natural persons in the horizontal sections of their
schedules.12    Of the 204 sector-specific tests, the vast majority (146) is scheduled in mode 3;  45 tests
are scheduled in mode 4, only six tests in mode 1, and four tests in mode 2.  Three tests are scheduled
in the Additional Commitments column.
9. Many entries in Members' schedules do not indicate clearly whether the Member intended to
schedule an ENT, or whether it was motivated by other, such as prudential, considerations.  For
reasons of transparency and to illustrate the ambiguities of some entries, this note includes such
borderline cases.
10. The higher numerical incidence of ENTs in some sectors and some schedules should not be
taken to imply a higher degree of actual restriction.  Sectors in which few commitments areundertaken tend to have a lower incidence of scheduled ENTs; however, Members without
commitments in a particular sector may de facto  apply ENTs to limit market access.  But also among
covered sectors, the number of scheduled ENTs alone would not be a reliable indicator of the level of
market access.  One ENT may cover a whole schedule or an entire sector of great economic
importance, or it may extend only to one segment of an economically less important sector or mode ofsupply.  An assessment of the actual degree of guaranteed market access would have to take into
account the overall level of bindings, other horizontal or sector-specific limitations, information on
the application and restrictiveness of the ENT in practice, as well as current trade flows and the
potential for growth in the market and sector concerned.  Such analysis could only be made on a case-
by case basis and would go beyond the objective of this Note.
11. Information from Members' schedules shows that the application of ENTs differs between
Members.  In some cases, the schedule reveals that a test is conducted on a case-by-case basis, as each
application for licence or a permit is submitted, whereas other entries seem to indicate that tests are
periodically conducted.  In one instance, the applicant is required to submit a "feasibility study
justifying the economic need for the establishment".  Several entries in Members' schedules combine
another quantitative restriction with an economic needs test, e.g. by stating that "the period of
exclusivity for local services expires in 2011.  The Government will conduct a review of policy withrespect to whether to permit additional suppliers of such services upon the expiry of this period".  In
other cases, an economic needs test is scheduled but phased out after a certain time-period, as can be
seen in entries such as "the total number of service suppliers is subject to an economic needs test.
Starting no later than 31 December 2004, none".
12. Of the 253 entries, 96 provide no guidance concerning the criteria on which the test is based.
Of the 157 entries that provide criteria on which the tests are based, very few have described these
                                                     
10 Article VI:3
11 The member States of the European Communities are counted individually, as they maintain
individual ENTs in various sectors.  However, where several EC member States maintain ENTs within the samesub-sector, these entries are counted as one.  In contrast, where a WTO Member has entered ENTs in a givensub-sector for more than one region, these entries are counted as one.
12 For an overview see document UNCTAD/ITCD/TSB/8.  These entries are of legal significance only
to the extent that they qualify a general requirement for an ENT in the horizontal section of the schedule.S/CSS/W/118
Page 4
criteria as set out in the Scheduling Guidelines.  The 39 horizontal entries in mode 4 establish as the
sole criterion for the admission of a foreign service supplier the non-availability of qualified personnel
in the local market.  Other entries provide minimal indications on the objectives and criteria applied in
the test.  ENTs containing criteria are frequently phrased in a way that nevertheless leaves wide
discretion as to their application.  Typical formula tions are "criteria include", or the relevant agency
"shall have regard to, inter alia , the following criteria".  Work from UNCTAD and the OECD has
pointed out that the absence of a definition of ENTs in the GATS has led to scheduling
inconsistencies and a lack of transparency as to the operation of ENTs.
13. Of the sector-specific tests, 48 are scheduled in Business Services.  Twenty-eight of these
entries are scheduled in Professional Services, with medical, dental, and midwife services being the
most prominent category (20 entries).  An additional 16 tests have been  inscribed under "Health-
Related and Social Services" making health services the area with the most scheduled ENTs.  These
results need to be seen against the background of a generally modest level of commitments in the
health sector.
14. Criteria to establish an economic need in health-related services are often based on population
density and geographical distribution of health services suppliers.  The objective appears to be to
ensure a basic infrastructure, while protecting incumbent service suppliers.  In two cases, it is not thesupply of medical services itself that is based on an ENT, but the inclusion of the service supplier in
the national health insurance scheme.  The schedules are silent as to whether the limitations are
applied in a discriminatory or non-discriminatory way.
15. Forty tests can be found in Financial Services, covering insurance and insurance-related as
well as banking and other financial services.  Four measures included in the Annex to this document
refer to mode 2 limitations that allow insurance ta kers to seek insurance cover from foreign-based
suppliers to the extent that coverage is not available domestically.13
16. Of the other 36 ENTs in financial services, 32 relate to mode 3.  Of these 32 tests, nine are
scheduled in the form of sectoral headnotes.  The ENTs in financial services relate in most cases to
the establishment of branches and subsidiaries in the market.  In some cases, they address theexpansion of activities of already-established service suppliers.  The criteria listed for the ENTs are
generally very vague.  They make market access dependent on "public interest" "public benefit", such
as whether "current and future conditions of the market permit satisfactory operation of the company
to be set up"; or "in accordance with the economic conditions and needs"; or the "need to control the
number of companies operating in the country".
17. In listing criteria for permitting the commercial  presence of foreign banks, several Members
have scheduled measures which could be seen to contain elements of ENTs.  Prudentialconsiderations may have played a role as well, notwithstanding that the Scheduling Guidelines state
that prudential measure taken in accordance with paragraph 2(a) of the Annex on Financial Services
constitute an exception to the Agreement and should not be scheduled.
14  Such measures condition
commercial presence of service suppliers on considerations of "general and local economic and
financial conditions", or allow the rejection of an application "on precautionary grounds, including thecurrent state of the market".  Other Members include as a criterion that the "foreign bank has the
ability to facilitate trade and contribute to financial and economic development", or that "the foreign
                                                     
13 For example, one Member leaves mode 2 in life-insurance unbound, except where "there is no
insurance company in [the country], either individually or group, which could handle the insurance risks of theobject in question".  Is this based on an economic or legal assessment, and who would take the relevantdecision?
14 S/L/92, paragraph 20S/CSS/W/118
Page 5
insurance company has the ability to facilitate trade and contribute to financial and economic
development".
18. Thirty ENTs have been scheduled for Tran sport Services, mainly under road transport.
Several Members have subjected establishment of commercial presence in freight and passenger
transportation to ENTs.  Criteria listed include "the adequacy of current levels of service"; "marketconditions establishing the requirement for expanded service"; "the effect of new entrants on public
convenience, including the continuity and quality of service"; "number of service suppliers in the
local geographic area"; "existing public transport on the route concerned"; "traffic criterion"; "need to
provide protection to investment of operators in unserved areas/developmental routes"; and "the route
measured capacity test for numbers of vehicles".
19. Twenty-four ENTs have been scheduled in Telecommunication Services;  in three cases,
these tests have been entered in the Additional Commitments column.  None of the tests scheduled in
this sector specifies the criteria to be applied.
20. Nineteen tests have been listed for Tourism and Travel-Related Services.  They address
mainly travel agencies and hotel development in mode 3, as well as movement of specialized
personnel in mode 4.  The assessment of economic needs is based on criteria such as the population,
built-up nature of the area, type of neighbourhood, degree of tourist interest, and number of existingrestaurants.
21. Twelve ENTs have been scheduled in Distribution Services, of which eight relate to retail
services.  These tests concern mainly the establishment of department stores.  Relevant criteria
include "the number of and impact on existing stores, population density, geographic spread, impact
on traffic conditions and creation of new employment."
III. PRACTICAL ISSUES RELATED TO ECONOMIC NEEDS TEST
22. In the light of this discussion, a number of practical issues arise from ENTs as expressed in
Members' schedules.  These issues relate essentially to the nature of the criteria in ENTs, to the degree
of precision in describing them, and in the treatment of finite resources.
A. NATURE OF THE CRITERIA IN ENTs
23. As previously pointed out, ENTs are one of the "forms" through which quantitative
limitations of the types listed in sub-paragraphs (a) to (d) of Article XVI:2 may be implemented by a
Member.  A measure is not therefore an ENT needing to be scheduled if it is not a "form" of one of
the types of quantitative measure mentioned in those sub-paragraphs.15  In particular, a "test" that is
not quantitative in nature, but relates to the quality of the service, or on the ability to supply the
service, would not be considered an ENT and should not be scheduled as a market access measure
under Article XVI.  This is so even though the measure, relating to the quality of the service or theability to supply the service, incidentally results in fewer service suppliers in that sector than might
otherwise be the case.
24. Even if the criteria of the ENT described in a Member's schedule are quantitative in nature, a
further issue is whether the scope of permissible ENTs is further restricted by the need for ENT
criteria to conform to a precise definition of "economic needs".  For example, should "economicneeds" be determined from the perspective of  consumers, or market incumbents?  Should
considerations of overall economic efficiency, or equity, be taken into account?  In practice, ENTs in
Members' schedules appear to respond to a variety of different objectives.  Limitations in Members'
                                                     
15 S/L/92, paragraph 10.S/CSS/W/118
Page 6
schedules include references to "needs tests", "labour market tests", "market tests", "local
unavailability" of a service, and "needs-based qua ntitative limits".  These examples illustrate the
difficulty in attaching a precise meaning to the concept of "economic needs".  For that reason, the
context of Article XVI would suggest a broad read ing of the words "economic needs", and that ENTs
be regarded above all as "tests" that condition market access.
B. DEGREE OF PRECISION IN DESCRIBING CRITERIA IN ENTs
25. Article XVI states that market access limitations must be "specified" in a Member's schedule,
and the context of that provision suggests that ENTs must be specified with a sufficient degree of
precision.  Of the 253 ENTs identified in Members'  schedules, 96 indicate no criteria whatsoever.  In
other cases, scheduled ENTs identify some criteria, but not others, typically through statements such
as "criteria for the test include …".  Viewed in the context of the exchange of binding commitments
under Article XVI,  all criteria to be used in ENTs would need to be specified in a Member's
schedule.
26. A further issue arises when ENTs are inscribed in the horizontal part of schedules, without
reference to the types of measure in sub-paragraphs (a) to d) of which the ENT must be a form.  For
example, where a Member schedules that "licensing for specialized wholesaling services is subject to
an economic needs test", it is unclear whether the Member intends to reserve the right to determine
the need for a specific number of suppliers under sub-paragraph (a), or for a maximum number or
value of transactions under sub-paragraph (b).  In such cases, an issue arises as to which types of
measure listed under sub-paragraphs (a) to (d) an ENT may represent.
27. Finally, lack of sufficient precision can lead to ambiguities as to whether an ENT is intended
to be discriminatory or non-discriminatory.  Article XVI covers both discriminatory and non-discriminatory ENTs.
16  Often, schedules do not provide a precise description as to whether the origin
of the service or service supplier is a criterion of the test.  In some cases, a discriminatory criterion
may be inferred.  Typically, where movement of natural persons is subject to an ENT, the limitation is
intended to discriminate between foreign and loca l workers.  For example, some ENTs condition
access on the "lack of availability in the local labour market", or the "lack of domestic supply".  Inother cases, however, a discriminatory intent cannot be inferred.  For example, where access is limited
depending "on the number of services suppliers in [a defined geographic area]", it is not obvious
whether the same conditions apply regardless of nationality.  In such cases, any discriminatory
criterion needs to be described with precision in a Member's schedule.
C. ENTs
 REFERRING TO FINITE RESOURCES
28. The schedules of several Members contain limitations which refer to the management of finite
resources, such as spectrum frequency or infrastructure capacity.  For example, one Member indicatesin its schedule under "freight transport agency services" for mode 3:  "None … The number of service
suppliers may be limited reflecting limitations in port capacity".  Limitations taken with a view to
managing finite resources may however be view ed as differing from ENTs.  Whereas under the
management of finite resources the admission of additional suppliers is usually not technically
feasible, in the case of ENTs the admission of additional suppliers is usually possible, but judgedeconomically undesirable.  This characteristic of measures designed to manage finite resources
emerges from a note by the Chairman of the Group on Basic Telecommunications, dated 3 February
1997.  The note states that "in light of the physical nature of spectrum and the constraints inherent in
its use … spectrum/frequency management is not,  per se , a measure which needs to be listed under
Article XVI."
17  The note goes on to say that the scheduling of words such as "subject to availability
                                                     
16 Article XX:2.
17 S/GBT/W/3.S/CSS/W/118
Page 7
of spectrum/frequency" are "unnecessary and should be deleted from Members' schedules."  The
reasoning in the Chairman's note would appear to  hold true also for the management of finite
resources in other sectors.  Where the scarcity of the resource needed to supply the service is not
caused by government intervention, then the management of that resource should not be viewed as an
ENT.  Measures taken to manage finite resour ces would nonetheless remain subject to any other
relevant obligations of the GATS, including most -favoured-nation obligation in Article II, and any
national treatment commitments made under Article XVII.S/CSS/W/118
Page 8
ANNEX
Schedule Mode Sector Economic Needs Test and criteria mentioned
Antigua and
Barbuda4 Horizontal Requirement for a work permit. Work permit to be issued for a specific period to a non-national
to fill a particular post and only when qualified nationals are unavailable.
Argentina 3 COMMUNICATION SERVICES
Telecom Services
Mobile Services: (Mobile Telephone
Services, Personal communications,
paging, SMR trunking, Mobile dataservices)In the case of Personal communications,  the administrative authority will decide on a number
of suppliers per operating area in the light of present and future needs.
Australia 4 Horizontal (d) Specialists  subject to individual compliance to labour market testing for periods of initial
stay up to a maximum of 2 years provided the total stay does not exceed 4 years.
Austria 3 HEALTH AND RELATED SOCIAL
SERVICES
Hospital Services (CPC 9311)Limitation of the number of beds;  authorization required according to the national
health-service plan is based on the criteria of need;  when authorizing the establishment of
hospitals due consideration on a case-by-case basis is taken of the density of population,
existing facilities, traffic infrastructure, topographical conditions and the distance between
hospitals
Barbados 4 Horizontal The Immigration Act and regulations control the entry and residence of all foreign natural
persons working in Barbados. Prior to a natural person working in Barbados a work permit must
be obtained. Labour market tests are conducted
Belize 4 Horizontal Unbound, except for senior managerial personnel and technical experts not available in the local
market
Brazil 4 Horizontal Specialized technicians…The company must ju stify the need to contract such professionals and
technicians in relation to similar professi onals and technicians available in Brazil.S/CSS/W/118
Page 9Schedule Mode Sector Economic Needs Test and criteria mentioned
Brunei
Darussalam4 BUSINESS SERVICES
E. Rental/Leasing Services without
operators
(b) Rental leasing services relating to
aircraft without operators (CPC
83104)Unbound except with respect to (b) one techni cal post subject to: Local availability test,
designation of a specified number of Brunei trainees.
(Note: (b) refers to the entry under mode 3: Unbound except: …(b) Only by appointment of a
General Sales Agent, that is Bruneian Controlled Company.)
4 TRANSPORT SERVICES
Air Transport Services:
(c ) rental of aircraft with crew (734)Unbound except with respect to (b), one technical post subject to:
Local availability test; designation of a specified number of Brunei trainees.
(Note: (b) refers to the entry under mode 3: Unbound except: …(b) Only by appointment of a
General Sales Agent, that is Bruneian Controlled Company.)
Bulgaria 3 BUSINESS SERVICES
Professional Services:
h. Medical and dental services
(CPC 9312)Access is granted only to foreign natural persons and exclusively for the conduct of private
professional practice. Establishment of such suppliers is subject to conditions of permanent
residence, official recognition of their education and professional qualification for the provisionof the specific medical or dental services, including requirements related to professionalexperience. Registration and authorization based on economic needs test and consent by a
professional organization.
3 i. Veterinary services
(CPC 932)Access is granted to natural persons exclusively for the conduct of private professional practice
and under the conditions of:  Authorization by the veterinary authorities. Economic needs test.
3 DISTRIBUTION SERVICES
B. Wholesale Trade Services
(CPC 61111, part of 6113; 6121)(CPC 622 excluding 62211, 62213,
part of 62226, 62228, part of 6225,
part of 62265, 6227)None other than:
Limitations specified in the Measures Applicable to All Sectors in Distribution Services.Licensing for specialized wholesaling services. Economic needs test.
3 Retailing Services (CPC 61112, part
of CPC 6113, part of 6121)(CPC 631 excluding 63107, 63108,63211, part of 63292, 63927)None other than:
Limitations specified in the Measures Applicable to All Sectors in Distribution Services.Licensing for specialized retail sales. Economic needs test for the establishment of department
stores.S/CSS/W/118
Page 10
Schedule Mode Sector Economic Needs Test and criteria mentioned
Canada 3 COMMUNICATION SERVICES
Courier services
Commercial courier services,
including by public transport orself-owned transport(CPC 75121)(only for Nova Scotia and Manitoba)  Economic Needs Test (Criteria related to approval include
examination of the adequacy of current levels of service, market conditions establishing the
requirement for expanded services, the effect of new entrants on public convenience, including
the continuity and quality of service, and the fitness, willingness and ability of the applicant to
provide proper service.)
3 DISTRIBUTION SERVICES
Other:
Retail sales of motor fuel (CPC 613)(retailing of petroleum)(only for Prince Edward Island ):  Public convenience and necessity test. (Criteria related to
approval include: examination of the adequacy of current levels of service, market conditions
establishing the requirement for expanded services, the effect of new entrants on public
convenience, including the continuity and quality of service, and the fitness, willingness and
ability of the applicant to provide proper service.)
3 FINANCIAL SERVICES
B. Banking and other Financial
Services (excl. insurance)(only for Ontario, New Brunswick and Nova Scotia):   Incorporation or registration will be
refused unless authorities are satisfied that ther e exists a public benefit and advantage for an
additional corporation
(Ontario ): Consent to change in cont rol or transfers of 10 per cent or more of voting shares may
be refused if it would be in the public interest to do so.
1 TRANSPORT SERVICES
Road transport services
Passenger transportationInterurban bus transport and non-scheduled services (only for  British Columbia, Alberta,
Saskatchewan, Manitoba, Ontario, Québec, Nova Scotia, Newfoundland and Northwest
Territories ):  Public convenience and needs test (Criteria related to approval include:
examination of the adequacy of current levels of service;  market conditions establishing the
requirement for expanded service;  the effect of new entrants on public convenience, including
the continuity and quality of service, and the fitness, willingness and ability of the applicant to
provide proper service.)
3 Road transport
Passenger transportationTaxis and rental services with drivers: Operating licences and permission are under the purview
of local/provincial authorities (Criteria related to approval include:  examination of the
adequacy of current levels of service;  market conditions establishing the requirement for
expanded service;  the effect of new entrants on public convenience, including the continuity
and quality of service, and the fitness, willingness and ability of the applicant to provide proper
service.)S/CSS/W/118
Page 11Schedule Mode Sector Economic Needs Test and criteria mentioned
Canada
(cont'd)3 Road transport
Passenger transportationInterurban bus transport and scheduled services:  (only for British Columbia, Alberta, Prince
Edward Island, Saskatchewan, Manitoba, Ontario, Québec, Nova Scotia, Newfoundland and
Northwest Territories ):  Public convenience and needs test (Criteria related to approval include:
examination of the adequacy of current levels of service;  market conditions establishing the
requirement for expanded service;  the effect of new entrants on public convenience, including
the continuity and qualities of service, and the fitness, willingness and ability of the applicant to
provide proper service.)
3 Road transport
Freight transportation
Highway freight transportation
(CPC 71231, 71232, 71233, 71234)(only for British Columbia, Prince Edward Island, Sas katchewan, Manitoba, Ontario, Quebec,
Nova Scotia, Newfoundland)
Public convenience and needs test  (Criteria related to approval include:  examination of the
adequacy of current levels of service, market conditions establishing the requirement for
expanded services, the effect of new entrants on public convenience, including the continuity
and quality of service, and the fitness, willingness and ability of the applicant to provide proper
service
Chile 4 horizontal Specialized Personnel: Certain conditions apply to senior and specialised personnel who are
admitted temporarily. Specialized personnel are those highly qualified persons who areindispensable to the supply of the service because of their professional knowledge or:--possession of qualifications for a particular type of work or activity requiring specializedtechnical expertise;
-- proprietary knowledge of the organization's services, research equipment, techniques or
management;--and the non-availability of such specialized personnel in Chile.
3 ALL FINANCIAL SERVICES
Horizontal HeadnoteIn addition to the horizontal measures in Section I of Chile's Schedule of Commitments which
affect all sectors, a supplier of financial services operating through a commercial presence may
be subject to evidence of economic need.  That is , he must obtain prior authorization to start up,
suspend or terminate operations from the Banking and Financial Institutions Supervision
Department (SBIF), in the case of banking services, or from the Securities and InsuranceSupervision Department, in the case of securities and insurance services. Authorization tosupply financial services through a commercial presence will be given in so far as the applicantundertakes to ensure the proper functioning, integrity and stability of the market, fulfils therequirements of the law and serves the national interest. In addition, there may be
non-discriminatory restrictions or provisions regarding the type of commercial presence that
must be adopted by firms operating in the securities or insurance sectors in Chile.S/CSS/W/118
Page 12
Schedule Mode Sector Economic Needs Test and criteria mentioned
Colombia 3 COMMUNICATIONS SERVICES
Telecommunication services:
--National and international long-distance telephonyForeign investment is permitted up to a maximum of 70% of the capital of the enterprise
licensed to operate.  National and international long-distance services are provided by the
National Telecommunications Enterprise.  Any additional number of operators will be
determined by an economic needs test.
3 --Personal Communications services
(PCs)The Personal Communications service will be supplied as from 31 December 1999 by a number
of operators determined by an economic needs test.  Foreign investment is permitted up to a
maximum of 70 per cent of the capital of the enterprise licensed to operate.
3 ALL FINANCIAL SERVICES
Horizontal headnoteThe Government may make an authorization for domestic and foreign financial entities to
operate in Colombia subject to an economic needs test.  For this purpose, factors such as the
public interest and local and general economic and financial conditions are taken into account.
Costa Rica 4 EDUCATION SERVICES
Other higher education services
(CPC 92390)Foreigners wishing to provide such services are required by law to be members of the
Professional College.  To this end they must fulfil the requirements of nationality and residence.In some cases, the recruitment of foreign professionals by State institutions is possible only
when there are no Costa Ricans ready to provide the service in the necessary conditions.
4 HEALTH AND SOCIAL
SERVICES
Medical and dental services
(CPC 9312)Foreigners wishing to provide such services are required by law to be members of the
Professional College.  To this end they must fulfil the requirements of nationality and residence.In some cases, the recruitment of foreign professionals by State institutions is possible only
when there are no Costa Ricans ready to provide the service in the necessary conditions.
Croatia 2 FINANCIAL SERVICES
Insurance and related services:
Non-life insurance, not includingmarine, aviation, transportUnbound, except for:
(ii) personal or property risk insurance that is not available in the Republic of CroatiaS/CSS/W/118
Page 13Schedule Mode Sector Economic Needs Test and criteria mentioned
Croatia
(cont'd)3 HEALTH RELATED AND SOCIAL
SERVICES
Hospital and other health and social
care facilities services – directownership, management andoperation by contract of such
facilities on a “for fee” basis
(CPC 93, excluding CPC 9312,93191,; 932)Establishment of some social care facilities may be subject to needs based limits in particular
geographical areas.
Cuba 4 Horizontal Unbound, except for measures on the entry and temporary residence of natural persons in the
senior and specialist categories when related to commercial presence under the terms andconditions agreed upon, provided that this personnel is not available in Cuba.  Foreign
personnel must help to train Cuban personnel in their respective areas of expertise.
3 COMMUNICATION SERVICES
Courier services
-Multi-modal courier services
(CPC 75121)The competent authority reserves the righ t to approval subject to economic needs
3 -Other courier services (CPC 75129) The competent authority reserves the right to approval subject to economic needs
3 Telecommunication services
a) Telephone services (CPC 7521)The competent authority reserves the righ t to approval subject to economic needs
3 b) and c)  Data transmission
services(CPC 7523)The competent authority reserves the righ t to approval subject to economic needs
3 d)  Telex services (CPC 7523) The competent authority reserves the right to approval subject to economic needs
3 e) Telegraph services (CPC 7522) The competent authority reserves the right to approval subject to economic needsS/CSS/W/118
Page 14
Schedule Mode Sector Economic Needs Test and criteria mentioned
Cuba (cont'd) 3 f) Facsimile services (CPC 7521 +
7529)The competent authority reserves the righ t to approval subject to economic needs
3 o) Other telecommunications
services
(CPC 75290)The competent authority reserves the righ t to approval subject to economic needs
Cyprus 3 Horizontal Foreign Investment
The permission of the Central Bank is required for the participation of any non-resident in a
corporate body or partnership in Cyprus.  Foreign participation in all sectors/subsectorsincluded in the Schedule of Commitments is normally limited up to 49 per cent.  The decision
of the authorities to grant permission for foreign participation is based on an economic needs
test, for which the following criteria are used in general :
a) Provision of services which are new to Cyprus
b) Promotion of the export orientation of the economy with development of existing and new
markets
c)  Transfer of modern technology, know-how and new management techniques
d) Improvement either of the productive structure of the economy or of the quality of existing
products and services
e) Complementary impact on existing units or activities
f) Viability of proposed project
g) Creation of new job opportunities for scientists, qualitative improvement and training of local
staff
In exceptional cases, in which a proposed investment satisfies most of the economic needs test
criteria to a large extent, permission for fo reign participation exceeding 49 per cent may be
granted.
4 Horizontal Unbound, except for the temporary movement of foreign natural persons who are service
suppliers or who are employed by service suppliers and whose entry into Cyprus is subject to
the Aliens and Immigration laws, regulations and administrative guidelines.  Entry permits for
employment are issued on a temporary basis in fields and occupations where no suitably
qualified local personnel is available, always taking into account the employment situation and
economic needs of the country.  An application for such a permit must be made before entry
into Cyprus.  A visa may also be required, which is normally granted with a minimum offormalities upon arrival in Cyprus.S/CSS/W/118
Page 15Schedule Mode Sector Economic Needs Test and criteria mentioned
Cyprus
(cont'd)3 BUSINESS SERVICES
Professional Services
Accounting, Auditing and Book-
keeping ServicesAccess is restricted to natural persons who ha ve obtained authorization from the Minister of
Finance.  Authorization is subject to an economi c needs test.  The criteria used are analogous to
those for granting permission for foreign investment (listed in horizontal section), as they apply
to this subsector, always taking also into consideration the employment situation in the
subsector.  Professional associations (partnerships) among natural persons is permitted.  No
body corporate is allowed.
1 and
3Taxation Services 1)  Tax agents must be duly authorized by the Minister of Finance.  Authorization is subject to
an economic needs test.
3) Access in restricted to natural persons who have obtained authorization from the Minister ofFinance.  Authorization is subject to an economi c needs test.  The criteria used are analogous to
those for granting permission for foreign investment (listed in horizontal section), as they apply
to this subsector, always taking also into consideration the employment situation in the
subsector.  Professional associations (partnerships) among natural persons is permitted.  No
body corporate is allowed
3 FINANCIAL SERVICES
All Insurance and insurance related
services
Direct Insurance
(a) Life Insurance ServicesParticipation of non-residents in insurance companies, incorporated in the Republic of Cyprus,
requires the prior approval of the Central Bank. The extent of foreign participation is
determined on a case by case basis in accordance with economic needs.
3 (b) Non-Life Insurance Services
(CPC 8129 other than 81299)Participation of non-residents in insurance companies, incorporated in the Republic of Cyprus,
requires the prior approval of the Central Bank. The extent of foreign participation is
determined on a case by case basis in accordance with economic needs.S/CSS/W/118
Page 16
Schedule Mode Sector Economic Needs Test and criteria mentioned
Cyprus
(cont'd)3 Banking:
(a) Acceptance and deposits and
other repayable funds from the public(CPC 81115-81119), (b) Lending ofall types (CPC 8113), (c) Financialleasing (CPC 8112), (d) All payments
and money transmission services
carried out by financial institutions(CPC 81339), (e) Guarantees andcommitments (CPC 81199), (f)Foreign exchange dealing (CPC81333)For new banks the following requirements apply:
(a) A licence is required from the Central Bank for the carrying out of banking business. The
Central Bank in granting a licence may apply an economic needs test.
(b) Branches of foreign banks must be registered in Cyprus under the Companies Law andlicensed under the Banking Law.
Czech Republic 3 TOURISM AND TRAVEL
RELATED SERVICES
Travel Agencies and Tour Operators
(CPC 741)Economic needs test based on population criterion
Dominica 3 Horizontal Dominica reserves a number of small business service opportunities for nationals.  The room
limitation on Hotel Developments is within the context of this policy.  In such circumstanceswhen foreign service providers are permitted to operate, an economic needs test may be
required.
4 Horizontal The employment of foreign natural persons is subject to Work Permit regulations and labour
laws.  Issue of permits is normally confined to people with managerial and technical skills
which are in short supply or not available in Dominica.
3 TOURISM AND TRAVEL
RELATED SERVICES
Hotels developmentSubject to alien landholding regulations, exchange control regulations.  Limited to the
development of hotels in excess of 50 rooms.  Hotel development of less than 50 rooms may be
subject to an economic needs test.S/CSS/W/118
Page 17Schedule Mode Sector Economic Needs Test and criteria mentioned
Dominican
Republic3 Horizontal ….All foreign companies must recruit a minimum of 80 per cent of Dominican employees.  In
special circumstances, the employment of more fo reigners may be authorized when it is hard or
impossible to replace them by Dominicans, with the obligation for the company to train
Dominican staff.
3 FINANCIAL SERVICES
Wholesale deposit services
(CPC 81115)
Other bank deposit services(CPC 81116)Other deposit services(CPC 81119)In addition to the horizontal measures, it is necessary to submit a feasibility study justifying the
economic need for the establishment of the requesting enterprise in the Dominican Republic.
Egypt 3 TOURISM AND TRAVEL
RELATED SERVICES
Hotels and RestaurantsA licence will be given according to the requirement of economic needs test (main criteria:
market needs and locating different categories of hotels). ….  Limitations on the total number of
services operations depend on the requirement of economic needs test (geographical location,
increase in the number and categories of tourists).
3 Travel Agencies and Tour Operators Limitations on the total number of services operations depend on the requirement of economic
needs test
3 Other Tourism Services:
Tourism Management ServicesBound only for representative offices.  Limitations on the total number of services operations
depend on the requirement of economic needs test.
3 FINANCIAL SERVICES
Chapter note for InsuranceMeasures of specific application:
A. Insurance Services, the main criteria which the economic needs test apply are as follows:
1. Surplus demand to traditional classes of insurance gives new companies an opportunity of
working without harmful competition to the market or financial positions of existing companiesand consequently policy holders.
2. Exhausting of 50 per cent of the capacity of the existing companies, which is calculated on
the basis of solvency margin, and there is a surplus demand in excess of the capacity whichenables a new company to achieve its purposes.3. Setting up of a new company leads to an increase of total retention in the market;  taking intoaccount the technical considerations.4. The new companies shall introduce new insurance covers.S/CSS/W/118
Page 18
Schedule Mode Sector Economic Needs Test and criteria mentioned
Egypt (cont'd) 3 All Insurance and Insurance related
services:
Direct insurance:- life health personal accidentEconomic needs test shall apply to the inland commercial presence (other than in free zones)
according to the criteria as stipulated in the ho rizontal section;  relaxation of economic needs
test in 2000 for life, health & personal insurance.
3 -Non-life insurance Economic needs test shall apply to th e inland commercial presence (other than in free zones)
according to the criteria as stipulated in the hori zontal section; relaxation of economic needs test
shall be in 2002 for non-life business
3 Banking and other Financial Services
(excl. insurance):
Foreign Bank BranchesEconomic needs test shall be applied.
El Salvador 4 Horizontal Every employer must employ Salvadorian nationals in a proportion of at least 90 per cent of the
personnel of his enterprise.  In special circumst ances the Ministry of Labour and Social Security
may authorize the employment of more foreigners when it is difficult or impossible to replace
them by nationals, but employers remain obliged to train Salvadorian personnel under the
supervision and control of the Ministry within a period of not more than five years.
EC andMember States4 BUSINESS SERVICES
Professional Services
e) Engineering Services (CPC 8672)(UK): Compliance with an economic needs test is required.
4 f. Integrated Engineering Services
(CPC 8673)(UK): Compliance with an economic needs test is required.
3 h) Medical, dental and midwives
services (CPC 9312, 93191)(UK) Establishment for doctors under the Na tional Health Service is subject to medical
manpower planning
(D) Access is restricted to natural persons only.  Economic needs test for medical doctors and
dentists authorised to treat members of public insurance schemes. The criterion is shortage of
doctors and dentists in given region.
4 j.) Services provided by nurses,
physiotherapists, and paramedicalpersonnel (CPC 93191)(I) Subject to economic needs test: decision is subject to regional vacancies and shortagesS/CSS/W/118
Page 19Schedule Mode Sector Economic Needs Test and criteria mentioned
EC and
Member States
(cont'd)3 Supply of pharmaceutical goods to
the general public (pharmacists)(B, DK, IRL, P) Economic needs test. The main  criteria taken into account are: the population,
the number of existing pharmacies and their geographical density.
(E, I) Establishment of new pharmacies is subject to an economic needs test: The main criteria
taken into account are: the population, the number of existing pharmacies and their geographical
density.
(F) Authorisation of pharmacies according to th e needs of the population and within established
quotas. The main criteria taken into account are: the population, the number of existing
pharmacies and their geographical density.
4 Computer and Related Services:
Consultancy Services related to theInstallation of Computer Hardware(CPC 841)(I) Compliance with an economic needs test is required.
4 Software Implementation Services
(CPC 842)(I) Compliance with an economic needs test is required.
4 Data Processing Services (CPC 843) (I) Compliance with an economic needs test is required.
4 Data Base Services  (CPC 844) (I) Compliance with an economic needs test is required.
4 Research and Development Services
- research services (CPC 852, 851,
853)(F) Compliance with an economic needs test is required.
4 Other Business Services
- Advertising (CPC 871)(I, UK) Compliance with an economic needs test is required.
4 - Management Consulting Services
(CPC 865)(I, UK) Compliance with an economic needs test is required.
4 - Services related to Management
consulting (CPC 866)(I, UK) Compliance with an economic needs test is required.
4 - Technical testing and analysis
Services (CPC 8676)(UK) Compliance with an economic needs test is required.
3 - Placement services (CPC 87202) (D) Subject to a mandate given to the service supplier by the competent authority. The mandate
will be granted in function of the situation and development of the labour market.
4 - Translation Services (CPC 87905) (I, UK) Compliance with an economic needs test is required.S/CSS/W/118
Page 20
Schedule Mode Sector Economic Needs Test and criteria mentioned
EC and
Member States
(cont'd)3 - Security services
(CPC 87302, 87303, 87304, 87305)(E) Authorisation by the Council of Ministers re quired:  Council of Ministers takes into account
conditions such as competence, professional integrity and independence, adequacy of the
protection provided for the security of the population and the public
4 CONSTRUCTION AND RELATED
ENGINEERING SERVICES:
(CPC 511-518)(F) Unbound except for measures concerning the temporary entry of technicians under the
following conditions: .…. Compliance with an economic needs test is required.
4 Site investigation work: (CPC 5111) (UK) Compliance with an economic needs test is required.
3 DISTRIBUTION SERVICES
Wholesale Trade Services (CPC 622)(F) For: Wholesale pharmacies:  authorisatio n according to the needs of the population and
within established quotas.
3 --Retailing services Where establishment is subject to an  economic needs test, the main criteria ar: the number of
and impact on existing stores, population density, geographic spread, impact on traffic
conditions and creation of new employment.
(B) for department stores,
(DK) new department stores,(F) for larger department stores,(I) establishment of any new department store/outlet and authorization can be denied in order to
protect areas of particular historic and artistic interest;
(P) large department stores (i.e. more than 2000 sq. m.)
3 EDUCATIONAL SERVICES
- Higher Education services (CPC923)(E, I) Needs test for  the opening of private univ ersities authorised to issue recognised diplomas
or degrees; procedure involves an advice from the Parliament
3 HEALTH RELATED AND SOCIAL
SERVICES
--Hospital services (CPC 9311)(B) The number of beds and use of heavy medical equipment is limited on the basis of a health
plan.  The needs test is in function of the degree of specialization, their capacity and equipment.
The criteria are fixed, arithmetical rules or formulae designed to calculate the needs in function of
the population, age scale, death rate and geographical spread.
(F, I, L) The number of beds authorized is limited by a health services plan established on the
basis of needs.S/CSS/W/118
Page 21Schedule Mode Sector Economic Needs Test and criteria mentioned
EC and
Member States
(cont'd)(F, I, L, P) Equipment of heavy material is limited by a health services plan established on the
basis of needs.
(I) :  Private health and sanitary services need authorization by local health authorities.  Criteria
are based on a ratio in function of population.
(NL):  Quantitative economic needs test fixed by a health plan allowing for a maximum number
of beds related to the population of each health region.
(E):  Prior authorization is required by the "Comunidades Autónomas" based on an economic
needs test taking into account the population and already existing health services in the given
health regions.
4 --Hospital services (CPC 9311) (F)  Access to management functions is subject to prior authorization.  In granting the
authorization conditions such as professional experience and skills, availability of local managers
and degree of specialization required, are taken into consideration.
3 --Social services
(convalescent and rest houses, oldpeople’s homes)(F) Provision of services is permitted by the competent authorities according to local needs.
3 TOURISM AND TRAVEL
RELATED SERVICES
- Hotels, Restaurants and Catering
(CPC 641, 642, 643)(excluding catering in transport
services sector)(I) Local economic needs test on opening of new bars, cafés and restaurants; authorization can be
denied in order to protect areas of particular historic and artistic interest.
3 - Travel Agencies and Tour Operators
Services (including tour managers)(CPC 7471)(I) Economic Needs Test
4 RECREATIONAL, CULTURE AND
SPORTING SERVICES
-- Entertainment Services
(including Theatre, Live Bands and
Circus Services) (CPC 9619)(I) Economic Needs TestS/CSS/W/118
Page 22
Schedule Mode Sector Economic Needs Test and criteria mentioned
EC and
Member States
(cont'd)4 - Sporting and Other Recreational
Services other than Gambling and
Betting Services (CPC 9641, 96491)(I) Economic Needs Test
3 TRANSPORT SERVICES
Road transport services
--other non-scheduled passengertransportation (CPC 7122)
a(E) Economic needs test
3 --passenger transportation - taxi
services(All Members): economic needs test, based on the number of service suppliers in the local
geographic area
3 --passenger transportation - limousine
services (CPC 71222)(I, P) economic needs test and access for natural persons only.
3 --passenger transportation - intercity
bussing services (CPC 71213)(I, E, IRL,DK) economic needs test essentially based on existing public transport on the route
concerned.;
3 --freight transportation (CPC 7123) (I) Licensing subject to economic needs test : Applies to: transport within the country
Fiji 4 TOURISM AND TRAVEL-
RELATED SERVICES
-- Hotels, motels, other tourist
accommodation (CPC 641)Normal government approval required for foreign nationals.  Entry limited to key post
management and time post skilled employees where these are unavailable locally.
4 -- Restaurants (CPC 642) Normal government approval for foreign nationals required.  Entry limited to management and
skilled employees where these are unavailable locally.
Finland 4 Horizontal Unbound except for the entry and temporary stay of the following categories of service provider
personnel as intra-corporate transferees, provided that such persons have been employed or sub-
contracted by the company concerned not less th an one year immediately preceding the entry. ..
Specialists  - in compliance with labour market tests to persons within the organization, who
possess knowledge at an advanced level of expertise or otherwise essential or proprietal to the
organization's service, research equipment, techniques or management.
Gambia 4 Horizontal The conditions or requirements for an approval for expatriate quota/staff are:
(1) Payment of payroll tax D10,000.00
(2) Minimum Investment of D1,000,000.00
(3) Unavailability of qualified Gambian for the position.S/CSS/W/118
Page 23Schedule Mode Sector Economic Needs Test and criteria mentioned
Grenada 3 Horizontal Aliens Landholding.  The Alien Landholding Act requires foreign companies and individuals
wishing to hold property in Grenada to first obtain a licence in order to do so, within which
conditions of purchase are detailed. Grenada reserves a number of small business serviceopportunities for nationals.  The room limitation on Hotel and Resort Development is within thecontext of this policy.  In such circumstances when foreign service providers are permitted tooperate, an economic needs test may be required.
4 Horizontal The entry of all foreign natural persons is subject to Work Permit Regulations.  Issue of permits
is normally confined to people with managerial and technical skills which are in short supply or
not available in Grenada
3 TOURISM AND TRAVEL
RELATED SERVICES
-- Hotel DevelopmentSubject to alien landholding regulations, exchange control regulations.  Limited to the
developments of hotels in excess of (100) rooms.  Hotel development of less than 100 roomsmay be subject to an economic needs test.
Guatemala 4 Horizontal Unbound, except for higher-level and specialized personnel in connection with a commercial
presence which must contribute to the training of  Guatemalan personnel in the specialized fields
of activity concerned.  In addition, the Labour Code provides the following: "Employers mustemploy 90 per cent of Guatemalan workers and pay them at least 85 per cent of total wagespaid.  These requirements may be modified for the following reasons:…
ii)  lack of Guatemalan technical personnel for specific activities.
4 TOURISM AND TRAVEL-
RELATED SERVICES
Tourism
-- Hotel and lodging services
(CPC 6410-6419) (including hotels,motels, apartment-hotels, tourist
centres), only in the four and five star
categoriesOnly senior and specialized personnel related to  a commercial presence to the extent required
for training Guatemalan personnel
4 -- Meals services
(CPC 64210-64290)(including restaurant services, self-service, commissaries and other
meals services)Only senior and specialized personnel related to  a commercial presence to the extent required
for training Guatemalan personnelS/CSS/W/118
Page 24
Schedule Mode Sector Economic Needs Test and criteria mentioned
Guatemala
(cont'd)4 -- Tourist marina operations Only senior and specialized perso nnel related to a commercial presence to the extent required
for training Guatemalan personnel.
Guyana 4 Horizontal Unbound, except with respect to measures relating to senior managerial personnel and technical
experts not available in the local labour market
Honduras 3 FINANCIAL SERVICES
All insurance and insurance-related
services
-- Life insurance (CPC 81211)
-- General insurance (CPC 81291-81299) (includes:  sickness, accident,disaster, vehicle and freight, civilliability and professional risks, credit
and transport, and other insurance
services)--ReinsuranceThe operation of insurance institutions is subject to approval by the Central Bank of Honduras,
in accordance with general and local economic conditions and requirements.  This approval will
take into consideration, inter alia, a market survey showing that the current and future
conditions of the insurance market permit the satisfactory operation of the company to be set up.
This survey must be based on analysis of the principal economic and financial variables of the
insurance system in Honduras or any other model demonstrating the economic feasibility of the
institution to be set up.
3 Banking services
--Deposit-taking (CPC 81116 and
81119) (Only sight deposits,savings deposits and term depositsin local and foreign currency)
--Granting of loans (CPC 81132)(Only loans in local and foreign
currency) (Excluding mortgages)
--Factoring operations--Issue, acceptance, negotiation and
confirmation of credit cards anddocumentary creditThe establishment of financial institutions is subject to approval by the Central Bank of
Honduras following a recommendation by the National Banking and Insurance Commission in
accordance with the economic conditions and needs of Honduras.  This approval will take into
consideration, inter alia, a market survey showing that under present and future conditions of
supply and demand for financial services the market has room for the entry of a new institution.
The foregoing must be based on an analysis of the principal economic and financial variables
contained in the national accounts, statistics and basic indicators of the real and financial sectors
of the domestic economy, without prejudice to the submission and explanation of theoretical
models that reasonably provide such a demonstrationS/CSS/W/118
Page 25Schedule Mode Sector Economic Needs Test and criteria mentioned
India 3 COMMUNICATION SERVICES
Telecommunications Services
- Voice telephone services, limited to
local/long distance, for public useover a public telecommunicationtransport network. Wire based (i.e.
for fixed network of subscribers).The service will be permitted to be provided only after the operator gets a licence from the
Designated Authority who shall determine the need, if any, for issuance of new licences.  The
terms and conditions of the licence will be as laid down by the Designated Authority or
Government or the prevailing laws in the country.
3 -- Cellular mobile services The service will be permitted to be provided only after the operator gets a licence from the
Designated Authority who shall determine the need, if any, for issuance of new licences.  The
terms and conditions of the licence will be as laid down by the Designated Authority orGovernment or the prevailing laws in the country
Indonesia 4 Horizontal Subject to Indonesian Labour and Immigration Laws and Regulations, only directors, managers
and technical experts/advisors, unless mentioned otherwise, are allowed with a maximum stay
of two years subject to one year extension.  Manager and technical ex perts (intra corporate
transfer) are allowed based on an economic needs test.
COMMUNICATION SERVICES
Telecommunications Services
-- Local ServiceAdditional commitments
The period of exclusivity for local services expires in 2011. The Government will conduct a
review of policy with respect to whether to permit additional suppliers of such services upon the
expiry of this period.
-- Long Distance Additional commitments
The period of exclusivity for long distance services expires in 2006. The Government willconduct a review  of policy with respect to whether to permit additional suppliers of such
services upon the expiry of this period
-- International Additional commitments
The period of exclusivity for international services expires in 2005. The Government willconduct a review  of policy with respect to whether to permit additional suppliers of such
services upon the expiry of this periodS/CSS/W/118
Page 26
Schedule Mode Sector Economic Needs Test and criteria mentioned
Indonesia
(cont'd)2 FINANCIAL SERVICES
--Non-Life Insurance Services
(CPC 8129)Unbound except if:
a. There is no insurance company in Indonesia, either individually or group, which could handle
the insurance risks of the object in question.
b. There is no insurance company in Indonesia which wants to carry out an insurance coverage
of the object in question.
c. The owners of insurance objects in question are not Indonesian citizens or Indonesian legal
entities.
2 --Life Insurance Services
(CPC 8121)Unbound except if:
a. There is no insurance company in Indonesia, either individually or group, which could handle
the insurance risks of the object in question.
b. There is no insurance company in Indonesia which wants to carry out an insurance coverage
of the object in question.
c. The owners of insurance objects in question are not Indonesian citizens or Indonesian legal
entities.
Israel 4 Horizontal Unbound except that Israel shall permit, without requiring compliance with labour market tests,
the temporary entry of service providers as intr a-corporate transfers in the following categories:
Executives and Managers:Unbound:  Work permit will be issued in compliance with the labour market tests to those intra-
corporate specialists, who possess knowledge at an  advanced level of expertise or otherwise
essential or proprietal to the organization's service, research equipment, techniques or
management.
Jamaica 4 Horizontal Work permits and visas are normal requirements for entry and in some cases licensing may be a
pre-requisite for practising in certain specified professional categories.  The Work Permit
Review Board must be satisfied that the skills to be employed are unavailable locally.  Foreign
natural persons who are Managers and executives are exempted from work permits for a period
of 30 days and experts and specialists for 14 days.
Jordan 4 Horizontal Work permits for all categories are granted on the basis of an economic needs test, i.e. to
candidates whose qualifications are not available in Jordanians or those who are seeking work
in fields in which Jordanians are in short supply.
Intra-corporate transferees who are executives, managers and specialists (as defined above) are
presumed to meet the economic needs test requirements.S/CSS/W/118
Page 27Schedule Mode Sector Economic Needs Test and criteria mentioned
Jordan (cont'd) 3 COMMUNICATION SERVICES
Telecommunications Services
- Paging Services (land based)(CPC 75291)The total number of service suppliers is subject to an economic needs test. Starting no later than
31 December  2004, none.
3 - Public pay-phone services (booth
services)The total number of service suppliers is subject to an economic needs test. Starting no later than
31 December  2004, none.
Korea 3 BUSINESS SERVICES
Other Business Services:
--Composition and purity testing and
analysis services(86761*2)Establishment of Commercial Presence is subject to an economic needs test.
3 DISTRIBUTION SERVICES
--Wholesale trade servicesEconomic needs test applies to:
wholesale markets with floor space of more than 3,000m2,
- large stores with floor space of more than 3,000m2,
- wholesale trade centres,-wholesale trade of used cars, wholesale trade of gaseous fuels and related products,
 foreign trade services.
3 --Retailing services
 for used cars and gaseous fuelsEconomic needs test
3 ENVIRONMENTAL SERVICES
-- Industrial refuse disposal services
(CPC 9402*14)Establishment of a commercial presence is subject to an economic needs test
3 -- Environmental testing and
assessment services (CPC 9406,9409)16Establishment of a commercial presence is subject to an economic needs testS/CSS/W/118
Page 28
Schedule Mode Sector Economic Needs Test and criteria mentioned
Korea (cont'd) 3 TRANSPORT SERVICES
--Combined transport services,
freight forwarding for rail transportLicences granted subject to a needs test.  Applies to: international shipping companies
Kuwait 3 TOURISM AND TRAVEL
A. Restaurants
(incl. catering after economic needs
test)None
Latvia 3and
4BUSINESS SERVICES
Professional Services
-- Private medical and dental services
(CPC 9312 excluding services
provided by the public sector)Nationality requirement. Practice of medical profession by foreigners requires the permission
from local health authorities, based on economic needs for medical doctors and dentists in a
given region.
4 -- Services provided by midwives,
nurses in private establishments(CPC 93191 excluding servicesprovided within the public sector)Unbound except as indicated in the horizontal section. Nationality requirements. Access
restricted to natural persons only. Economic needs determined by the total number of nurses and
midwives in the given region, authorized by local health authorities.
3 HEALTH RELATED AND SOCIAL
SERVICES
Hospital ServicesPrivate hospital and sanatoriumservices
(CPC 9311 excluding services
provided by the public sector)Private hospital services need authorization by local health authorities. The number of beds and
use of heavy medical equipment is based on the needs of population, age scale and death rate.S/CSS/W/118
Page 29Schedule Mode Sector Economic Needs Test and criteria mentioned
Lithuania 3 BUSINESS SERVICES
Professional Services
-- Medical and dental services
(CPC 9312)None, except supply of service is subject to authorization which is based
--on a health services plan established in function of needs, taking into account
 --the population and already existing medical and dental services.
3 --  Services provided by midwives,
nurses, physiotherapists and para-medical personnel
(CPC 93191)3) Access limited to sole proprietorship only. Economic needs test may be applied.
3 HEALTH RELATED AND SOCIAL
SERVICES
 Hospital services
(CPC 9311)3) None, except authorization by health authorities is required which is based on a health
services plan established in function of need s, taking into account the population and already
existing health services
Liechtenstein 3 FINANCIAL SERVICES
Insurance and Insurance Related
ServicesAccident insurance servicesEconomic needs test
3 TOURISM AND TRAVEL
RELATED SERVICES
-- Hotels and restaurants (incl.
catering) (CPC 641-CPC 643)Licence only granted if need for restaurants exists (assessment of economic needs is based on
criteria such as population, degree of built-up area, type of neighbourhood, touristical interests,
number of existing restaurants)
Macao, China 4 FINANCIAL SERVICES
--All Insurance and Insurance-
Related Services
(a) Life, accident and health
insurance services;  and(b) Non-life insurance services( c) Reinsurance and RetrocessionUnbound except for transfer of CEO, alternate CEO, directors, specialists and other staff who
are not available in the local labour market.S/CSS/W/118
Page 30
Schedule Mode Sector Economic Needs Test and criteria mentioned
Macao, China
(cont'd)4 --Banking and Other Financial
Services
(excluding insurance)Unbound except for transfer of CEO, alternate CEO, directors, specialists and other staff who
are not available in the local labour market.
Malaysia 4 Horizontal Market test and training programme of Malaysians apply; applies to:
(i) additional (in addition to 2) experts an d specialists as intracorporate transferees,
(ii) Market tests and employment of Malaysian counterparts and/or training
for specialists and experts.
3 FINANCIAL SERVICES
Horizontal Headnote:
Commercial Banks and Merchant
BanksEntry is limited to equity participation by foreign banks in Malaysian-owned or controlled
commercial banks and merchant banks and aggr egate foreign shareholding in a commercial
bank or a merchant bank shall not exceed 30 per cent.  Shareholding by a single personindividually or jointly with related  persons is limited to a maximum of 20 per cent.
Acquisition by a foreign bank of an aggregate of 5 per cent or more of shareholding in a
Malaysian-owned or controlled commercial bank or merchant bank must meet the followingcriteria:
a) The foreign bank has the ability to facilitate trade and contribute to financial and economic
development of Malaysia
……
3 Horizontal Headnote:
Direct Insurance CompaniesAcquisition by a foreign insurance company of an aggregate of more than 5 per cent
shareholding in a locally incorporated insura nce company must meet at least one of the
following criteria:
a) The foreign insurance company has the ability to facilitate trade and contribute to financial
and economic development of Malaysia;S/CSS/W/118
Page 31Schedule Mode Sector Economic Needs Test and criteria mentioned
Malaysia
(cont'd)3 Banking and other financial Services,
excluding insurance Services:
Operational Headquarters (OHQ) for
financial Services An OHQ must operate in Malaysia and fulfill the following criteria:…
..f) must be able to contribute to the Malaysian economy…,
(i) Using services such as legal, accounting etc. provided by Malaysians;
 (ii) Creating job opportunities for Malaysians; (iii) Enabling greater inflow of foreign funds.
Malta 3 FINANCIAL SERVICES
-- Insurance ServicesMay be made subject to economic needs test
3 --Banking and other financial
services (excluding insurance)
a) Acceptance of deposits and otherrepayable funds from the publicb) Lending of all types, including,inter alia, consumer credit, mortgagecredit, factoring and financing of
commercial transactionsForeign-owned credit and other financial institutions may operate either in the form of a branch
or a local subsidiary.  Authorization may be made subject to economic needs test.
Mauritius 3 FINANCIAL SERVICES
Horizontal HeadnoteThe commitments indicated below are subject to an economic needs test
Moldova 3 BUSINESS SERVICES
Professional Services
(h) Private medical and dental
services (CPC 9312), (CPC 9312excluding services provided by thepublic sector)Practice of medical profession by foreigners  requires the permission from local health
authorities, based on economic needs for medical doctors and dentists in a given region.
.
4 (j) Other human health services (CPC
9319, excluding services provided
within the public sector)Unbound, except as indicated in the horizontal section. Nationality requirements. Economic
needs determined by the total number of nurses and midwives in the given region authorized by
local health authorities
Mongolia 4 Horizontal Unbound except for measures affecting the entry and temporary stay of natural persons with
managerial and technical skills which are in short supply in Mongolia, and fall within the
following categories:  business visitors, intracorporate transferees and professionals under aservice contract.S/CSS/W/118
Page 32
Schedule Mode Sector Economic Needs Test and criteria mentioned
New Zealand 4 Horizontal Specialist personnel as intra-corporate transferees.
Labour market tests: Skills are assessed in terms of the applicant’s employment experience,
qualifications and suitability for the position
The Kingdom
of theNetherlandswith respect toAruba3 Horizontal
18As a general rule non-Arubans cannot establish as self-employed.  Permission will only be
granted if they possess expertise not available in Aruba.
3 CONSTRUCTION SERVICES
(CPC 512)A test of economic needs is applied.  A moratorium for the construction of new hotels is in
force
3 FINANCIAL SERVICES:
InsuranceOff-shore companies cannot operate on the domestic market.  A test of economic needs is
applied for the establishment of branches and subsidiaries in the domestic market
3 Banking and securities trade Off-shore companies cannot operate on the domestic market.  A test of economic needs is
applied for the establishment of branches and subsidiaries on the domestic market (incl.
expansion of activities of established banks through new branches)
The Kingdomof theNetherlandswith respect tothe
Netherlands
Antilles4 Horizontal A test of economic needs is applied to all categories of natural person.
3 FINANCIAL SERVICES
Insurance
-- Domestic insurance companiesA test of economic needs is applied for the establishment of branches and subsidiaries in the
domestic market
3 Banking and securities trade
-- Secondary financial institutionsA test of economic needs is applied for the establishment of branches and subsidiaries on the
domestic market (including expansion of activities of established banks through new branches)
                                                     
18 A limitation with the same text is entered in the national treatment column.S/CSS/W/118
Page 33Schedule Mode Sector Economic Needs Test and criteria mentioned
The Kingdom
of the
Netherlands3 -- General banks A test of economic needs is applied for the establishment of branches and subsidiaries on the
domestic market (including expansion of activities of established banks through new branches)
with respect to
the Nether-lands Antilles(cont'd)3 Horizontal
19Non-Antillans need a permission to establish as self-employed, for which a test of economic
needs is applied.
Nicaragua 3 Horizontal Foreign companies whose main commercial activity is carried on from Nicaragua with the
majority of their capital, their board of direct ors and their shareholders' meeting in Nicaragua
shall be considered Nicaraguan companies.  Approval of foreign investment is subject to
justification of economic necessity according to the following criteria:
a) It corresponds to the objectives of stability and economic development
b) It respects Nicaragua's moral and cultural values;
c) It is consistent with the conservation and protection of the environment
4 Horizontal The supply of services by suppliers not resident in Nicaragua is limited to senior and specialized
personnel in connection with a commercial presen ce and it must contribute to the training of
Nicaraguan personnel in the specialized field of act ivity concerned.  This measure applies to all
sectors unless otherwise provided
Employers must employ a minimum of 75 per cent of Nicaraguan employees.  In special
circumstances, the Ministry of Labour may authorize the employment of a larger number of
foreigners when it is difficult or impossible to replace them by nationals, in which case the
employers must train Nicaraguan personnel under the supervision and control of the Ministryfor a period of not more than five years
Nigeria 3 FINANCIAL SERVICES
--  Reinsurance and retrocession
(CPC 81299*)The establishment of a reinsurance company in Nigeria is subject to the approval of the Minister
of Finance, who shall have regard of the need to control the number of reinsurance companies
operating in the country.  Insurers are required by law to cede 20 per cent of their business
compulsorily to Nigeria Reinsurance Corporation which has the right of First Refusal before the
ceding of any reinsurance business outside Nigeria
Norway 3 TRANSPORT SERVICES
Road transport services:
--Passenger and freight transportationPassenger transportation shuttle services and othe r regular trips require establishment, economic
needs test is based on traffic criterion
                                                     
19 This limitation is scheduled under national treatment.S/CSS/W/118
Page 34
Schedule Mode Sector Economic Needs Test and criteria mentioned
Panama 3 and
4Horizontal (3) and (4)  Not less than 90% of the or dinary workforce of any employer must consist of
Panamanian workers, or foreigners with a Panamanian spouse or with ten (10) years of
residence in the country.  Foreign specialized or technical personnel may not exceed 15% of the
total workforce.Notwithstanding, a higher proportion of foreign specialized or technical personnel may be
permitted for a fixed period of time, on previous recommendation of the respective Ministry and
approval of the Ministry of Labour and Social Welfare
4 BUSINESS SERVICES
Professional Services
d) Architectural services (CPC 8671)including urban planning andlandscape architectural services
(CPC 8674)The hiring of foreign professionals in the field of engineering and architecture for purposes
limited to that specialization may be permitted, provided that the Engineering and Architecture
Technical Council can show that there are no Panamanian professionals suitable for providing
such services.
4 e)Engineering services (CPC 8672)
including integrat ed engineering
services (CPC 8673)The hiring of foreign professionals in the field of engineering and architecture for purposes
limited to that specialization may be permitted, provided that the Engineering and Architecture
Technical Council can show that there are no Panamanian professionals suitable for providing
such services.
Papua New
Guinea4 Horizontal Unbound except for measures affecting the entry and temporary stay of natural persons in the
following categories:  managers and specialists  who possess knowledge that is necessary for the
provision of the service. Entry is limited to those of key importance and where employees are
unavailable locally.  Entry is limited to 3 years initially with any extension subject to
Department of Labour and Employment requirements.
3 Horizontal Normal government approval and registration is required for all foreign investors by the
Department of Finance and Planning.  For such approval, the following criteria are, in general,
applied:
(i) provision of new services;(ii) improvement of productive structure of the economy;
(iii) viability of the new project especially with respect to foreign exchange earnings or savings;(iv) implications for employment in Papua New GuineaS/CSS/W/118
Page 35Schedule Mode Sector Economic Needs Test and criteria mentioned
Peru 1 and
3COMMUNICATIONS SERVICES
Telecommunication services
Solely:
Electronic message and information
service(CPC 75232)The installation and operation of a private network, in such cases as is strictly necessary and
only as a complement to the public network which it uses for its basic support for the exclusive
supply of added-value services, requires the prior granting of a special authorization equivalentto granting of a private radio communication service, issued by the competent national
authority.  Such authorization shall not be granted if in the place where the private network is to
be installed, there are public carrier or te leservices which can meet the requirements of
supplying the value-added services.
Philippines 4 Horizontal Condition for entry and temporary stay of natural persons : Applies to: non-resident aliens
Non-resident aliens may be admitted after a determination of the non-availability of a person in
the Philippines who is competent, able and willing to perform the service (to have been
reviewed within 2 years of the entry into force of agreement).
3 COMMUNICATIONS SERVICES
Telecommunication Services
-- Voice telephone, telegraph telex,packet switched data, circuit switcheddata, facsimile services,Entry is subject to the following requirements and conditions: (inter alia)
..(ii) Certificate of Public Convenience and Necessity from the National Telecommunications
Commission
3- - o t h e r :
(cell, voicemail , online information
and data base retrieval , EDI,
videotext)Entry is subject to the following requirements and conditions: (inter alia)
..(ii) Certificate of Public Convenience and Necessity from the National Telecommunications
Commission
3 FINANCIAL SERVICES:
Horizontal HeadnoteThe appropriate regulatory authority in the Philippines shall determine whether public interest
and economic conditions justify authorization for the establishment of commercial presence or
expansion of existing operations in banking and other financial services in the Philippines.  For
foreign financial institutions with internationally recognized standing, such determination shall
include a demonstrated capacity to contribute to the attainment of Philippine development
objectives particularly in the promotion of trade, investments and appropriate technology
transfer; and the country of incorporation has st rategic trade and investment relations with the
Philippines.
3 TRANSPORT SERVICES
Road Transport:--Passenger and freightEconomic needs test applies to new entrants;
Need to provide protection to investment of ope rators in unserved areas/developmental routes;
the route measured capacity test for number of vehicles.S/CSS/W/118
Page 36
Schedule Mode Sector Economic Needs Test and criteria mentioned
Poland 4 Horizontal Unbound except for enabling foreign service suppliers acting in areas covered by this schedule
and established in Poland to temporary employment of key personnel in conformity with the
Polish law meaning managers or specialists, possessing high or uncommon qualifications orknowledge necessary for the functioning of the enterprise under the condition that such personsmust have been employed by this enterprise at least one year. Work permits are issuedexclusively for the definite period - up to one year, with a possibility of extension - to a givenforeigner working at a specified employer. Market test requirement
Romania 1 and
2FINANCIAL SERVICES
 Insurance and insurance-related
services:
c) Reinsurance and retrocession
services (81299)(1) None, except that reinsurance on international market is allowed only if the reinsured risk
can not be placed on domestic market.
(2) None, except that ceding in reinsurance on in ternational market can be made only if the
reinsured risk can not be placed on domestic market.
Saint Lucia 4 Horizontal The employment of foreign natural persons is subject to Work Permit regulations.  The issue of
permits is normally confined to persons with specialized managerial and technical skills and the
administration of the regime is normally guided by a labour market test.
Saint Vincent& Grenadines4 Horizontal The employment of foreign natural persons is subject to Work Permit regulations.  Issue of
permits is normally confined to people with ma nagerial and technical skills which are in short
supply or not available in St. Vincent.
St Kitts &
Nevis4 Horizontal The employment of foreign natural persons is subject to Work Permit regulations.  Issue of
permits is normally confined to people with ma nagerial and technical skills which are in short
supply or not available in St. Kitts and Nevis.
Senegal 1 FINANCIAL SERVICES
Insurance and insurance-related
services
-  Life, accident and health insurance
servicesInsurance contracts for persons having resident status in Senegal or for property located in
Senegalese territory, and liability insurance contracts, can only be concluded with entities thathave been approved for such purpose in Senegal.  Approval is granted by the Minister in chargeof insurances after consultation with the Insurance Control Commission, which takes account,inter alia, of the following elements:-Technical and financial resources and their compatibility with the company's programme ofactivities;-good repute and qualifications of its managers;-general organization of the market;
-form of ownership.S/CSS/W/118
Page 37Schedule Mode Sector Economic Needs Test and criteria mentioned
Sierra Leone 4 Horizontal Unbound, except for senior management personnel and technical experts not available in the
local labour market.  Prior to a natural person working in Sierra Leone, a Work Permit must be
obtained
Singapore 3 BUSINESS SERVICES
Professional Services
Medical ServicesNone, other than the number of new foreign doctors registered each year may be limited
depending on the total supply of doctors
Slovenia 3H E A L T H  S E R V I C E S  A N D
SOCIAL SERVICES
--Hospital Services
Private Hospital and SanatoriumServices (CPC 9311** excludingservices provided by the public
sector)Authorization by health authorities; when authorizing the establishment of hospitals due
consideration on a case-by-case basis is taken of the density of population, existing facilities,
transport infrastructure,  specialization and the distance between hospitals.
Solomon
Islands3 Horizontal Normal government approval and registration is required for all foreign investors by the Foreign
Investment Board.  Such approval is based on an economic needs test, for which the following
criteria are, in general, used:  (i) provision of  new services;  (ii) improvement of productive
structure of the economy;  (iii)  viability of the new project especially with respect to foreign
exchange earnings or savings;  (iv)  implications for employment in the Solomon Islands
4 Horizontal Unbound except for measures affecting the entry and temporary stay of natural persons in the
following categories:  managers and specialists who possess knowledge that is necessary for theprovision of the service.  Entry and temporary stay is limited to those of key importance and
where employees are unavailable locally.  Entry is limited to 2 years initially with any extension
subject to Immigration and Labour requirements
1 CONSTRUCTION AND RELATED
ENGINEERING SERVICES
General construction work for civil
engineering (CPC 513)Unbound except where resources and materials are not available locallyS/CSS/W/118
Page 38
Schedule Mode Sector Economic Needs Test and criteria mentioned
Sri Lanka 3 COMMUNICATION SERVICES
Telecommunication Services
--Public payphone servicesFive service providers.  This number will be  reviewed on economic needs criteria. Foreign
equity participation in these enterprise s determined per the horizontal section.
3 --Radio Paging Services Five operators' licences. Changes base d on economic needs criteria. Foreign equity participation
in these enterprises determined per the horizontal section.
3 FINANCIAL SERVICES
Banking and Other Financial Services
(excl. insurance)
General ConditionsApproval, registration and licensing relating to banks and other financial institutions will be
subject to an economic needs test.
Suriname 4 Horizontal Unbound except for measures concerning senior managerial personnel and technical experts not
available in the local labour market
Swaziland 4 BUSINESS SERVICES
Professional Services
--Integrated engineering services
(CPC 8673)Unbound except for professional personnel with a higher university degree or professional
training and who are not available in Swaziland
4 Computer and Related Services
--Consultancy services related to theinstallation of computer hardware
(CPC 841)Unbound except for senior computer engineers and personnel that possess specialized training
and skill and who are not available in Swaziland
4 Other Business Services
-- Management consulting services
(CPC 865)Unbound except for personnel with a senior university degree or professional training who are
not available in Swaziland
Sweden 3 BUSINESS SERVICES
Medical services (doctors and
dentists (9312) and other health
personnel (9319)Needs test, applied to decide the number of private practices to be subsidised through the social
security system
3 --Veterinary services Needs test applied to decide the number of private practices to be subsidised through the social
security systemS/CSS/W/118
Page 39Schedule Mode Sector Economic Needs Test and criteria mentioned
Sweden
(cont'd)3 DISTRIBUTION SERVICES
--Retail services
(trade in clothing, shoes and
foodstuffs not consumed at point ofsale)Economic needs test may be applied by municipalities to temporary trade in clothing shoes and
foodstuffs that are not consumed at the point of sale.
Switzerland 4 Horizontal Entry and stay of foreign service suppliers in Switzerland is subject to authorisation (requirement
of residency permit and work permit).  Authorisation is granted subject to measures fixing overall
numbers of work permits allocated. Applies to: foreign service suppliers
3 TOURISM AND TRAVEL
RELATED SERVICES
--Hotels and Restaurants (includescatering) (CPC 641 - 643)Federal law enables cantons to grant licence for restaurants based on economic needs
(assessment of economic needs is based on criteria such as population, degree of built-up area,
type of neighbourhood, touristical interests, number of existing restaurants)
3 TRANSPORT SERVICES
Rail Transport Services
-- Passenger transportation
(CPC 7111)Concession required, for granting of concession there has to be a need for such a railways
undertaking and there is no other means of transport which could handle that service in an
ecologically and economically more reasonable way.
3 --Freight transportation,
including pushing and towing
(CPC 7112 + 7113)Concession required, for granting of concession there has to be a need for such a railways
undertaking and there is no other means of transport which could handle that service in an
ecologically and economically more reasonable way
Tanzania 4 TOURISM AND TRAVEL
RELATED SERVICES
Hotels of four stars and above
(CPC 641-643)Unbound except for measures concerning senior managers that possess skills not available in
Tanzania
Thailand 4 Horizontal A corporate transferee of the managerial or  executive level or a specialist, provided that such
person has been employed by the company concerned outside Thailand for a period of not less
than one year immediately preceding the date of  his or her application for admission and has
satisfied the criteria for management needs.  stipulated by the Department of Employment.Temporary entry is limited to a one year period and may be extended for a further two terms ofnot more than one year each.S/CSS/W/118
Page 40
Schedule Mode Sector Economic Needs Test and criteria mentioned
Thailand
(cont'd)In considering managerial needs, the following facts shall be taken into consideration by the
relevant authority, namely:
 1. Size of fully paid-up capital2. Employment creation
3. Extent of foreign investment
4. Export promotion
5. Transfer of technology
6. Special needs of the management.
Tunisia 3 COMMUNICATION SERVICES
Telecommunications servicesThe supply of such services requires a start-up and operating permit issued in the light of
national development needs
Turkey 3 FINANCIAL SERVICES,
BankingThe establishment of additional branches by the banks is subject to the meeting of the criteria
and ratios required by the Undersecretariat of Treasury. The Undersecretariat has the right tolimit or prohibit the additional branch establishment, if necessary.
Uganda 4 COMMUNICATION SERVICES
Telecommunications Services
All scheduled ServicesUnbound except for technical personnel unless Ugandans are or become available.  Entry and
temporary stay of foreign service suppliers subject to compliance with laws, regulations andguidelines in force in Uganda.
4 TOURISM AND TRAVEL
RELATED SERVICES
Hotels and RestaurantsUnbound except for technical personnel except where Ugandans are or become available. Entry
and temporary stay of foreign service suppliers subject to compliance with laws, regulations andguidelines in force in Uganda.
4 Travel Agencies/Tour Operators Unbound except for technical pers onnel except where Ugandans are or become available. Entry
and temporary stay of foreign service suppliers subject to compliance with laws, regulations and
guidelines in force in Uganda.
United States 4 Horizontal Unbound, except for measures concerning temporary entry and stay of nationals of another
member who fall into the categories listed below:Fashion Models and Specialty occupation aliens
f
Specialty occupation aliens and their employers must be in compliance with all labour conditionapplication requirements that are attested to by the established employer.  These requirements are:a) wages paid to the person are inter alia the great er of: 1) the actual wage paid by the employer to
individuals in that place of employment with similar qualifications and experience, or 2) the
prevailing wage for that occupational classification in the area of employment; b) conditions ofwork are such that they will not adversely affect working conditions for those similarlyemployed;… the employer has not laid off or otherwise displaced workers in the subjectoccupation in the previous six months and will not lay off or displace any US worker during theS/CSS/W/118
Page 41Schedule Mode Sector Economic Needs Test and criteria mentioned
United States
(cont'd)90-day period following the filing of an application or the 90-day periods preceding and following
the filing of any visa petition supported by the application;…. e) the employer has taken and is
taking timely and significant steps to recruit and retain sufficient US workers in the specialtyoccupation; etc.
3 HEALTH RELATED & SOCIAL
SERVICES
Hospital and other Health CareFacilities
 - Direct ownership and management
and operation by contract of suchfacilities on a "for fee" basisEstablishment of hospitals or other health care facilities, procurement of specific types of
medical equipment, or provision of specific types of medical procedures may be subject toneeds-based quantitative limits.
Uruguay 3 FINANCIAL SERVICES Any supplier of financial services wishing to engage in operations in Uruguay may not do so
without prior authorization from the competent authorities.  The application may be rejected on
precautionary grounds, including the current state of the market.
Venezuela 4 Horizontal Unbound: The Ministry of Labour may authorize temporary exceptions to the above provision
after having examined a particular case:
In the case of activities that require special technical know-how and if there are no Venezuelan
personnel available
3 FINANCIAL SERVICES
All Insurance and Insurance relatedServicesThe Minister of Finance may ban insurance companies operating in Venezuela from concluding
reinsurance contracts with certain companies. The National Executive may, where it deemsappropriate, request conditions of reciprocity for Venezuelan capital from the countries of origin
of foreign capital participating in the Venezu elan insurance system. In accordance with the
relevant law the National Executive, in authorizing the establishment of insurance and reinsurancecompanies, through non-discriminatory provisions, shall take into consideration, amongst other
factors, general and local economic and financial conditions.
3 Banking and other Financial Services
(ex insurance)(3)The National Executive may, where it deems appropriate, request conditions of reciprocity for
Venezuelan capital from the countries of origin of the foreign capital participating in theVenezuelan financial system.
Under the relevant law, the development and operation of banks and other financial institutions
requires authorization from the Superintendency of Banks and Other Financial Institutions, which
through non-discriminatory provisions will take into account, amongst other factors, general and
local economic and financial conditions.S/CSS/W/118
Page 42
Schedule Mode Sector Economic Needs Test and criteria mentioned
Zimbabwe 4 Horizontal Unbound, except for measures concerning the entry and temporary stay of intra-corporate
transfer of executive and senior managerial personnel and except for specialists, subject to lack
of availability in the local labour market
__________