RESTRICTED  
  
S/C/W/455  
 
2 October  2023 
(23-6589) Page: 1/3 
Council for Trade in Services  
  
  Original: English  
 
  
COMMUNICATION FROM INDIA  
REVIEW OF ARTICLE II (MFN) EXEMPTIONS  
Questions from India  
The following communication dated 29 September 2023, from the delegation of India is being 
circulated to the Members of the Council for Trade in Services.  
 
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  S/C/W/455  
 
- 2 - Questions from India on MFN Exemptions of WTO Members  
No QUESTION TO  SECTOR  QUESTION  
1.  Austria  
Licensing of branches or 
subsidiaries of foreign financial 
service suppliers  Regarding the MFN exemption measure ‘The requirement of an economic interest test bound in the Austrian 
Schedule is waived for countries indicated in column  3’. However, column 3 does not list any country  and instead 
mentioned ‘ List of countries is subject to further consideration’. Could Austria inform if it has added any country to 
this list after submission of this exemption measure? If not, does it still require this measure to continue?  
2.  Austria  
Various sectors  Austria inscribed two intended durations ‘ Indefinite ’ and ‘ Indefinite - the exemption applies to existing and new 
measures ’ in its MFN exemption list. What is the difference between these two durations? Does ‘Indefinite’ imply 
that the concerned exemption is applicable only for the measures taken by Austria at the time of submitting the 
exemption list and no new measure can be added to this?  
3.  Canada  
Fishing -Related Services  Regarding the MFN exemption measure ‘ Licenses for access to Canadian waters for specific purposes, such as 
purchase of fuel and supplies, ship repair, crew exchanges and transhipment of fish catches, are granted only to 
fishing vessels from a country with which Canada has favourable fishery relations, based primari ly on adherence by 
that country to Canadian and international conservation practices and policies’, Canada is requested to inform the 
countries with whom it has favourable fish relations as of date and thus this exemption applies. Apart from adherence 
to Canadian and international conservation practices and policies, what are other considerations to decide favourable 
fishery relations?  
4.  Canada  
Air Transport  
-  aircraft  repair and 
maintenance services provided 
by service suppliers located 
outside of Canada  Regarding the MFN exemption measure ‘ Preferential treatment is extended to the supply of repair and maintenance 
services as defined in Article  I 2. b) (consumption abr oad) by some foreign repair and maintenance service 
suppliers’, Canada is requested to inform if it actually provides such concessions to any countries. How does Canada 
decide on giving preferential treatment to any country?  
5.  European Union  
Audio -Visual services  With regard to some of the MFN exemption measures taken by EU for a udio-visual services , the intended duration 
mentioned is ‘Indefinite. Exemption needed, for certain countries, only until an economic integration agreement 
is conclude d or completed’. Does it mean that EU has or intends to have economic integration agreements that 
include audio -visual services within their scope? If yes, which are these agreements? If no, how a udio-visual 
services  exclusion is compatible with this measu re? 
6.  Indonesia  
Movement of Personnel  Regarding the MFN exemption measure ‘ Low level occupations are reserved for Indonesian citizens.  Based on 
Government Policy, limited exemptions may be granted to citizens of certain countries’ . Could Indonesia elaborate 
on which occupations are classified as low -level occupations in Indonesi a? 
7.  Malaysia  
All Sectors  Regarding the MFN exemption measure ‘Waiver of measures in existing or future policies limiting foreign equity 
or interests in companies and businesses in Malaysia shall be carried out in a preferential and differentiated 
manner’, Can Malaysia list down the specific cases where such measures have been waived off? Also, Malaysia is 
requested to provide the list of countries and the kind of waiver that have been provided to them if any.   
  S/C/W/455  
 
- 3 - No QUESTION TO  SECTOR  QUESTION  
8.  New Zealand  
Audio -Visual Services  Regarding the MFN exemption measure ‘National treatment, in the form of access to finance and tax concessions 
and simplified requirements for the temporary entry of skilled personnel into New Zealand for the purposes of 
the coproducti on of films and television programmes, is extended to audio -visual works covered under Film Co -
Production Agreements or Arrangements’, New Zealand is requested to inform if any other country has been 
added to the list of countries mentioned in in its MFN e xemption.  
9.  Singapore  
All Sectors:  
Presence of:  
- unskilled and semi -skilled 
natural persons  
- skilled persons (include 
craftsmen skilled in a particular 
trade, but exclude 
specialists/professional 
personnel at management level)  Regarding the MFN exemption measure ‘Preference for workers from traditional sources of supply’, Singapore in 
the column of “Countries to which the measure applies”, has mentioned ‘Traditional sources’. Singapore is 
requested to inform what it means by tra ditional sources and provide the list of countries that are included in 
traditional sources.  
10.  Singapore  
Various Sectors  Singapore has mentioned that ‘ Singapore will periodically review this in the light of international developments.’ 
Singapore is requested to provide update on its periodic reviews of various exemption measures and if it is 
considering withdrawing any of these exemption measures.  
11.  Switzerland  
Audio -Visual services  Regarding the MFN exemption measure ‘Concessions for the operation of radio or television broadcast stations 
may be granted, normally on the basis of bilateral agreements, to persons of countries other than Switzerland’, 
Switzerland is requested to provide the list of non -European countries with which they have such agreements, if 
any. Also, please provide more information about the objective criteria followed for deciding the same.  
12.  Switzerland  
All Sectors  Regarding the exemption measure ‘ Preferential treatment accorded to nationals of countries other than Switzerland, 
belonging to traditional recruiting areas according to Swiss legislation on immigration……. ’, Switzerland is requested 
to inform what are traditional recruiting areas?  
13.  United Kingdom  
Audio -Visual services  
- Distribution of audio -visual 
works  Regarding the MFN exemption ‘Measures taken to prevent, correct or counterbalance adverse, unfair or 
unreasonable conditions or actions affecting UK audio -visual services, products or service providers, in response 
to corresponding or co mparable actions taken by other Members.’, UK is requested to inform if this exemption 
has been used and what were the circumstances that led to the use of this measure.  
14.  USA 
Transport Services: Space 
Transportation  The US is requested to inform the q uantitative restrictions and price disciplines that it applies in practice on the 
launch of satellites in the international commercial space launch market.  
 
 
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